Can u draw unemployment if u get fired - Washington ESD rules?
hey everyone, got let go from my job last week and wondering if i can still file for unemployment benefits? i wasnt laid off or anything, they actually fired me for what they said was poor performance but i think it was unfair. does washington esd still approve claims if you got fired? really need to know asap since bills are piling up
69 comments


Liam O'Reilly
Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the reason. If you were fired for misconduct, you'll likely be disqualified. But if it was for poor performance or inability to do the job (not willful misconduct), you should be eligible. Washington ESD will investigate your case during adjudication.
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Aria Washington
•what counts as misconduct exactly? i was just struggling with some of the tasks but i was trying my best
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Liam O'Reilly
•Misconduct has to be willful - like stealing, being consistently late, insubordination, etc. Struggling with job performance usually isn't misconduct unless you were deliberately not doing your work.
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Chloe Delgado
file asap! you only have so long to file your claim and the sooner you do it the better. even if theyre gonna investigate it you want to get the process started
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Aria Washington
•already filed yesterday actually, just worried about whether ill get approved or not
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Chloe Delgado
•good! now you just gotta wait for them to do their thing. might take a few weeks
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Ava Harris
The key thing is that Washington ESD will contact both you and your former employer to get their side of the story. Make sure you document everything - save any emails, performance reviews, anything that shows you were trying to do your job properly. If they claim it was misconduct, you'll need evidence to dispute that.
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Aria Washington
•i do have some emails from my supervisor about training and stuff, should i gather all that up?
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Ava Harris
•Absolutely! Any documentation that shows you were receiving guidance rather than disciplinary action will help your case.
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Jacob Lee
•this is so stressful, i hate that they can just fire you and then fight your unemployment claim too
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Emily Thompson
I had a similar situation last year and it was such a nightmare trying to get through to Washington ESD to check on my claim status. Spent hours on hold every day for weeks. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at ESD. They have this demo video that shows how it works: https://youtu.be/7DieNd3C7zQ. Saved me so much time and stress!
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Aria Washington
•never heard of that before, does it actually work?
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Emily Thompson
•Yeah it worked for me! I was able to talk to someone about my adjudication status instead of just sitting there wondering what was happening.
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Sophie Hernandez
•sounds too good to be true but honestly anything is better than trying to call ESD directly these days
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Daniela Rossi
ugh the whole system is broken, they make it so hard for people who actually need help
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Ryan Kim
•totally agree, like why should we have to prove we deserve help when we just lost our jobs
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Liam O'Reilly
•The system exists to prevent fraud, but I agree it can be frustrating for legitimate claimants.
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Jacob Lee
wait so if i got fired for attendance issues would that be misconduct? i had some medical stuff going on but didnt have proper documentation
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Ava Harris
•Attendance issues can be tricky. If you had legitimate medical reasons but didn't properly document them or request accommodations, ESD might still consider it misconduct. You should definitely explain your medical situation when they contact you.
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Jacob Lee
•great now im even more worried about my claim
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Aria Washington
•at least you filed though, thats the important thing
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Zoe Walker
Been through this whole process and let me tell you, the adjudication can take FOREVER. My claim was stuck for almost 6 weeks while they investigated. Make sure you keep filing your weekly claims even during adjudication or you'll lose benefits for those weeks.
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Aria Washington
•6 weeks?? how did you survive that long without any money coming in?
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Zoe Walker
•Had to borrow money from family and use credit cards. It was rough but I did eventually get all the back pay once they approved my claim.
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Elijah Brown
•this is exactly why i used that claimyr thing someone mentioned earlier, couldnt handle the uncertainty
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Maria Gonzalez
just remember that even if your employer fights it, that doesnt mean youll automatically be denied. washington esd makes the final decision based on the facts
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Aria Washington
•thats somewhat reassuring i guess
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Maria Gonzalez
•yeah just be honest about everything when they contact you and provide any documentation you have
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Natalie Chen
Pro tip: start your job search immediately even if your claim is under review. Washington ESD requires job search activities and you want to be ready when/if your benefits get approved. Keep a log of everywhere you apply.
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Aria Washington
•good point, i should probably start looking right away anyway
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Natalie Chen
•Exactly! Plus it shows good faith if there are any questions about your eligibility.
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Santiago Martinez
•how many jobs do you have to apply to each week?
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Natalie Chen
•I think it's 3 job search activities per week but check the current requirements on the ESD website.
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Samantha Johnson
honestly this whole thread is making me anxious about my own claim now lol
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Aria Washington
•sorry! didnt mean to stress anyone else out
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Samantha Johnson
•no its good to know what to expect, just nerve wracking
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Nick Kravitz
If you do get denied initially, don't give up! You can appeal the decision. I know someone who won their appeal even after being denied the first time. The appeals process is a whole other thing but it's an option.
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Aria Washington
•how long does the appeal process take?
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Nick Kravitz
•From what I heard it can be a few months, but I'm not 100% sure on the timeline.
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Ava Harris
•Appeals can take 8-12 weeks typically, sometimes longer depending on the complexity of the case.
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Hannah White
man reading all this makes me glad i quit my last job instead of getting fired
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Michael Green
•but then you probably couldnt get unemployment at all right?
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Hannah White
•yeah true, unless you quit for good cause which is hard to prove
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Mateo Silva
The waiting is honestly the worst part. I kept checking my account on SecureAccess Washington like 10 times a day when I was going through adjudication. Drove myself crazy but couldn't help it.
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Aria Washington
•lol im already doing that and its only been a few days
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Mateo Silva
•I feel you! The uncertainty is brutal when you need that money to survive.
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Victoria Jones
•this is why i ended up trying that claimyr service too, needed to actually talk to someone instead of just staring at my account
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Cameron Black
Make sure your story is consistent if they call you for an interview. They might ask the same questions different ways to see if your answers match up.
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Aria Washington
•thats kind of scary, like they think were all liars or something
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Cameron Black
•I think they just have to be thorough because of fraud issues. Just stick to the truth and you'll be fine.
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Jessica Nguyen
does anyone know if poor performance and misconduct are different things legally? like are there specific definitions?
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Ava Harris
•Yes, they're legally different. Poor performance means you couldn't do the job adequately despite trying. Misconduct means you willfully violated company policies or acted inappropriately. The burden of proof is on the employer to show misconduct.
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Jessica Nguyen
•ok that makes sense, thanks for clarifying
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Isaiah Thompson
I went through this exact situation 2 years ago. Got fired for performance issues but Washington ESD approved my claim after about 3 weeks of adjudication. The employer didn't even fight it in the end. Sometimes they just say they will but don't follow through.
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Aria Washington
•that gives me some hope! was it a big company or small business?
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Isaiah Thompson
•Medium sized company, maybe 200 employees. I think smaller companies are more likely to fight claims because they care more about their unemployment tax rates.
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Ruby Garcia
•yeah my friend got fired from a tiny company and they fought everything tooth and nail
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Alexander Evans
Whatever happens, dont let them intimidate you into not filing. Thats your right and you paid into the system through your taxes
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Aria Washington
•good point, i did pay into this system for years
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Evelyn Martinez
•exactly! unemployment insurance isnt charity, its something we all contribute to
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Benjamin Carter
Just wanted to add that if you're having trouble reaching ESD by phone, that Claimyr service someone mentioned earlier actually worked for me too. Used it a couple months ago when I needed to clear up an issue with my weekly claim. The video demo they have explains it pretty well: https://youtu.be/7DieNd3C7zQ
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Aria Washington
•seems like multiple people have had success with that, might be worth trying if i need to talk to someone
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Maya Lewis
•yeah anything is better than sitting on hold for hours just to get disconnected
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Isaac Wright
hope everything works out for you OP! the whole process sucks but at least you took the first step by filing
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Aria Washington
•thanks everyone for all the advice and support, really helps to know other people have been through this
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Lucy Taylor
•keep us updated on how it goes!
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Connor Murphy
One last thing - make sure you understand the difference between being fired and being laid off when you talk to ESD. They're completely different situations legally and it matters for your claim.
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Aria Washington
•yeah i was definitely fired not laid off, they made that pretty clear unfortunately
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Connor Murphy
•That's fine, just be clear about the circumstances when they ask. Fired for performance issues is very different from fired for misconduct.
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