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Dylan Cooper

Can someone get unemployment if they are fired from their job in Washington?

My roommate just got fired from her retail job yesterday and she's wondering if she can still apply for unemployment benefits through Washington ESD. She wasn't stealing or anything serious - her manager said she was consistently late and missed too many shifts over the past month. Does being fired automatically disqualify you from getting UI benefits? I thought you had to quit to be ineligible but I'm not sure how termination works.

Being fired doesn't automatically disqualify you from unemployment benefits in Washington. The key is whether you were terminated for 'misconduct' or not. Being late and missing shifts could potentially be considered misconduct, but it depends on the specific circumstances and whether your roommate had warnings or tried to address the issues.

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She did get a few warnings but she was dealing with car trouble and couldn't always make it to work on time. Would that make a difference?

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That could definitely help her case. If she can document the car issues and show it wasn't willful disregard for the job, Washington ESD might approve her claim.

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I got fired from my last job for performance issues and still got approved for unemployment. The Washington ESD looks at whether you were fired for misconduct or just because you weren't a good fit for the job. Performance problems usually don't count as misconduct unless you were deliberately doing bad work.

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That's encouraging! How long did it take for your claim to get approved?

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About 3 weeks, but they did put it in adjudication first to review the termination details.

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She should definitely apply right away. Even if there's a question about the termination, Washington ESD will investigate and make a determination. The worst they can do is deny the claim, but she might be surprised and get approved. Make sure she files her weekly claims even during the adjudication process.

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Good point about filing weekly claims. I'll make sure to tell her that.

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Your roommate should apply but be prepared for potential delays. When I was dealing with a termination issue, I couldn't get through to Washington ESD for weeks to check my claim status. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual ESD agent. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Made the whole process way less stressful.

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Never heard of that service before. Did it actually work for you?

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Yeah, I was skeptical at first but got through to an agent the same day I used it. Way better than sitting on hold for hours.

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Interesting, I might need to check that out too. Been trying to reach Washington ESD about my own claim for days.

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ugh the whole system is so confusing! I thought if you got fired you were automatically screwed. This gives me hope because I'm worried about my own job security right now. What exactly counts as misconduct anyway?

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Misconduct usually involves things like theft, violence, deliberate violation of company policies, or willful disregard for the employer's interests. Simple poor performance or attendance issues due to circumstances beyond your control typically don't qualify.

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Ok that makes sense. Thanks for explaining it clearly!

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I've been through this process twice unfortunately. The first time I got denied because I was fired for arguing with customers (fair enough, that was misconduct). The second time I got approved because I was laid off due to budget cuts. Your roommate's situation sounds more like the second scenario if she was having transportation issues.

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That's a good comparison. Her manager did mention they were cutting hours anyway so maybe that plays into it.

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Definitely mention that in her application. Any indication that the firing wasn't solely about her performance could help.

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One thing to keep in mind is that her former employer might contest the unemployment claim. They have the right to provide their version of events to Washington ESD. If that happens, there might be a phone hearing where both sides can present their case.

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Oh wow, I didn't know employers could contest it. That sounds intimidating.

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It's not as scary as it sounds. These hearings are pretty common and the administrative law judges are used to dealing with employment disputes. Just be honest and have any documentation ready.

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I had to do a phone hearing last year. The judge was actually pretty fair and asked good questions to get to the truth.

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Make sure she applies online through the Washington ESD website as soon as possible. There's a waiting period anyway, so the sooner she files, the sooner she might start receiving benefits if approved. And remember, unemployment benefits are based on her earnings over the past year, not just her most recent job.

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Good to know about the earnings calculation. She's had a few different jobs in the past year.

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That could actually work in her favor for the benefit amount calculation.

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I'm curious about this Claimyr thing someone mentioned earlier. Has anyone else used it? I've been trying to get through to Washington ESD for over a week about my claim that's stuck in adjudication.

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Yeah, I used it successfully. Much better than the endless busy signals and dropped calls I was getting before.

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I tried it last month when I couldn't reach anyone about my overpayment issue. Got connected to an agent within a few hours and got my question answered. Definitely worth it if you're stuck.

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Thanks, I'll give it a try. This whole process is so frustrating.

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Just wanted to add that even if she gets initially denied, she can appeal the decision. I know someone who got approved on appeal after being denied initially. The appeals process gives you another chance to explain your side of the story.

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That's reassuring. How long does the appeals process usually take?

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It can take several weeks to a few months depending on the caseload, but it's definitely worth pursuing if you believe the initial decision was wrong.

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Has anyone dealt with Washington ESD lately? I swear their phone system has gotten worse. I spent 4 hours on hold yesterday just to get disconnected.

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Tell me about it! I've been trying to reach them for three days straight.

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This is exactly why I ended up using Claimyr. Saved me so much time and frustration.

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Maybe I should look into that service too. This is ridiculous.

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Your roommate should also start looking for work right away and keep a job search log. Even if her claim gets approved, she'll need to show she's actively seeking employment to continue receiving benefits.

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How many jobs does she need to apply for each week?

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I think it's at least 3 job search activities per week in Washington, but check the current requirements on the ESD website since they can change.

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Bottom line: she should absolutely apply. Being fired doesn't automatically disqualify you from unemployment benefits. The Washington ESD will review the circumstances and make a decision. Better to apply and potentially get approved than not apply and definitely get nothing.

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You're absolutely right. I'll encourage her to apply today. Thanks everyone for all the helpful advice!

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Good luck to your roommate! Hope it works out for her.

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