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Sarah Ali

Can u get unemployment if u get fired - Washington ESD eligibility question

hey everyone, i got fired from my job last week and wondering if i can still file for unemployment benefits with washington esd? my manager said i was terminated for poor performance but honestly i think they just didnt like me. does anyone know if getting fired automatically disqualifies you or can you still get UI benefits? im really stressed about this

Whether you can get unemployment after being fired depends on the reason. If you were fired for misconduct, Washington ESD will likely deny your claim. But if it was for poor performance or inability to do the job (not your fault), you can usually still qualify for UI benefits.

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what counts as misconduct though? they said i wasnt meeting expectations but i was trying my best

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Misconduct usually means things like stealing, violence, intentionally breaking rules, excessive tardiness after warnings. Poor performance when you're trying your best typically doesn't count as misconduct.

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You should definitely file your claim with Washington ESD right away. Even if they initially deny it, you can appeal the decision. I got fired for 'performance issues' and Washington ESD approved my benefits after reviewing the case.

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how long did the whole process take for you? im worried about paying rent next month

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It took about 3 weeks for them to make the initial decision, then another week for payments to start. File ASAP because there's a waiting week anyway.

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I had a similar situation and couldn't get through to Washington ESD for weeks to check on my claim status. Finally used claimyr.com to get connected to an actual agent who explained exactly what documentation they needed for my case. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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never heard of that service before, does it actually work? the washington esd phone lines are impossible

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Yeah it worked for me. Way better than spending hours on hold just to get disconnected. They connect you to real Washington ESD agents.

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The key thing Washington ESD looks at is whether you were fired for 'willful misconduct.' Poor performance, lack of skills, or even making mistakes aren't considered misconduct if you were trying to do your job properly. You'll need to provide your side of the story when you file.

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what if they claim you violated company policy but you disagree with their interpretation?

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That's exactly why the adjudication process exists. Washington ESD will review both sides and make a determination based on the facts.

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ugh the whole system is rigged against workers anyway. companies can just make up whatever reason they want and washington esd usually sides with employers

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That's not really accurate. Washington ESD has to follow specific legal standards for misconduct determinations.

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maybe but ive seen plenty of people get screwed over by the system

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Make sure you have all your documentation ready when you file - any performance reviews, emails about your termination, witness statements if you have them. The more evidence you can provide to Washington ESD, the better.

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i didnt get any written notice, they just called me into the office and told me i was done

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That's actually common. Just write down everything you remember about what they said and when. Dates, names, specific reasons they gave.

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File online at esd.wa.gov as soon as possible. Even if you think you might not qualify, let Washington ESD make that determination. The worst that happens is they say no and you can appeal.

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ok ill do that today. do i need to start looking for work right away too?

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Yes, you need to register with WorkSource and start your job search activities immediately. That's required for all UI claims in Washington.

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I got fired for 'attitude problems' which was basically my boss didn't like that I questioned some unsafe practices. Washington ESD approved my claim after I explained the situation during the phone interview.

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thats encouraging to hear. i feel like my situation was similar - they didnt like that i spoke up about issues

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Definitely include that in your application. Retaliation for raising legitimate concerns isn't misconduct.

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Just remember that your former employer will get a chance to respond to your claim. They'll provide their version of why you were terminated. Washington ESD will then decide if it rises to the level of misconduct that would disqualify you from benefits.

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what if they lie about what happened?

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That's why documentation is so important. Also, if there were witnesses to conversations or incidents, mention that in your claim.

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One more thing - if Washington ESD does initially deny your claim, don't give up. The appeals process exists for a reason and lots of people win on appeal even after being denied initially.

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how long do you have to file an appeal?

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You have 30 days from the date of the determination letter to file your appeal with Washington ESD.

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been there done that. got fired for being 'difficult' but really i was just doing my job. took 2 months but washington esd finally approved my benefits

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2 months?? how did you survive financially during that time?

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it was rough, had to borrow money from family. but once it got approved i got all the back pay

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The bottom line is that 'poor performance' and 'misconduct' are two very different things under Washington unemployment law. Poor performance generally won't disqualify you unless it was willful or you ignored clear warnings and training opportunities.

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what about if you had some write-ups for minor things?

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Minor write-ups usually don't constitute misconduct either, especially if they were for things like occasional tardiness or minor rule violations.

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lol good luck getting through to anyone at washington esd to actually talk about your case. ive been calling for weeks

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That's exactly why I mentioned Claimyr earlier - it cuts through all that phone tag nonsense and gets you connected to actual Washington ESD staff.

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might have to check that out, this calling situation is ridiculous

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File your claim first, worry about the details later. Washington ESD will contact you if they need more information. The important thing is to get your claim started so your benefit year begins.

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ok filing it right now. thanks everyone for the help and advice

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Good luck! Remember to file your weekly claims even while the adjudication is pending.

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i got fired for 'insubordination' which sounds scary but really i just disagreed with my supervisor about how to handle a customer complaint. washington esd approved my claim after reviewing the facts

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thats exactly the kind of thing that sounds worse than it is. disagreeing with a supervisor isnt automatic misconduct

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exactly. context matters a lot in these determinations

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Make sure you're honest on your application about the reason for termination. Washington ESD will find out anyway when they contact your employer, so being upfront helps your credibility.

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should i mention that i think they had it out for me or just stick to the facts?

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Stick to facts but you can certainly explain your perspective on what happened. Just keep it professional and factual.

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the washington esd website has a whole section about misconduct vs poor performance if you want to read more about the specific criteria they use

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yeah its under the employer handbook section i think

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yep, lots of good info there about what they actually look for in these cases

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been following this thread and wanted to add that if you do get approved, make sure you understand the job search requirements. washington esd is pretty strict about the 3 job contacts per week rule

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good point, ill make sure to register with worksource like someone mentioned earlier

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yes and keep detailed records of all your job search activities. they audit people randomly

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final thought - even if you think your case is hopeless, file anyway. ive seen people get approved in situations where they thought they had no chance. washington esd looks at each case individually

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thanks, that makes me feel a bit better about the whole situation

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hang in there, the system works better than people think it does most of the time

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one last thing about getting through to washington esd - if you cant reach them by phone and need to talk to someone about your case, that claimyr service mentioned earlier really does work. saved me weeks of frustration

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how much does something like that cost though?

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honestly dont remember the exact amount but it was worth it to actually get answers instead of being stuck in phone limbo

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