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Avery Saint

Can unemployment be denied if you are fired from your job in Washington

I got terminated from my retail job last week after working there for 8 months. My manager said it was due to tardiness issues, though I feel like they were being unfair about it. I'm worried about applying for unemployment benefits through Washington ESD because I've heard that getting fired can disqualify you. Is this true? Will they automatically deny my claim if I put down that I was terminated rather than laid off?

Not necessarily! It depends on WHY you were fired. If it was for misconduct, then yes, you'll likely be disqualified. But if it was for poor performance, inability to do the job, or other non-misconduct reasons, you should still qualify. Washington ESD will investigate and make a determination.

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What exactly counts as misconduct? I was late a few times but I never stole anything or was rude to customers.

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Misconduct is usually willful violations of company policy. Being late occasionally might not rise to that level, especially if you had valid reasons.

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You should definitely apply anyway. The worst they can do is deny you, but you might be surprised. I got fired from my warehouse job for missing too many days (I was sick a lot) and I still got approved for benefits.

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Really? That gives me some hope. How long did it take for them to make a decision?

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It took about 3 weeks for adjudication. They called my former employer and me to get both sides of the story.

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I had trouble getting through to Washington ESD when I needed to check on my adjudication status after being fired. Kept getting busy signals and disconnected calls. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a demo video showing how it works: https://youtu.be/7DieNd3C7zQ. Might be worth checking out if you run into phone issues.

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Thanks for the tip! I'll keep that in mind if I have trouble reaching them.

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Is that service legit? I'm always skeptical of third-party stuff when it comes to government benefits.

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Yeah it's legit, just helps you get through the phone system. Doesn't access your account or anything like that.

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The key thing is to be completely honest on your application. Don't try to hide that you were fired - they'll find out anyway when they contact your employer. Explain your side of the story clearly and provide any documentation you have.

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Should I mention that I think the firing was unfair, or just stick to the facts?

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Stick to facts but you can certainly explain any mitigating circumstances. Just don't make it sound like you're making excuses.

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ugh this system is so confusing. I got fired from my last job too and had to wait FOREVER for them to decide if I qualified. It's like they assume everyone who gets fired did something terrible.

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How long did you have to wait? I'm stressed about not having income while they investigate.

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took like 5 weeks total. was torture but I did eventually get approved and got back pay

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Here's what Washington ESD looks for when determining misconduct: was the behavior willful, did it violate a known policy, was it detrimental to the employer's interests. Simple tardiness usually doesn't meet this standard unless it was chronic and you ignored warnings.

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I did get a couple verbal warnings but nothing in writing. Does that matter?

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It can help your case that there wasn't progressive discipline documented. Shows it might not have been as serious as they're claiming.

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My understanding is they need to show you were given clear expectations and consequences. Verbal warnings are harder for them to prove.

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I work in HR and see this all the time. Most terminations for attendance issues don't rise to the level of misconduct unless there was job abandonment or deliberate no-shows. Performance issues are almost never considered misconduct.

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That's reassuring to hear from someone who deals with this professionally. Should I get any documentation from my former employer?

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If you can get your personnel file or any performance reviews, that would help. But don't stress if they won't provide it.

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Just apply! You're overthinking this. The whole point of unemployment insurance is to help people who lose their jobs through no fault of their own. If your employer fired you for petty reasons, that's on them.

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You're right, I should just go for it. Thanks for the encouragement.

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One more thing - if you do get denied initially, don't give up! You have the right to appeal and request a hearing. I've seen people win on appeal even after being denied initially. The hearing process gives you a chance to tell your side of the story in detail.

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Good to know there's an appeal process. Hopefully it won't come to that but it's reassuring.

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Yeah appeals are pretty common. I had to do one when my employer lied about why they fired me. Won at the hearing.

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Does anyone know if having a union rep help during the adjudication process? I'm part of a retail workers union but not sure if they get involved with unemployment stuff.

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Some unions will help with unemployment appeals, especially if they think the termination was unjust. Worth asking your rep.

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Thanks, I'll reach out to them tomorrow.

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Something to keep in mind - even if you get approved, your former employer might appeal the decision. That can delay your benefits while they sort it out. Mine did that and it added another 2 weeks to the process.

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Ugh, so even if I win initially they can drag it out longer? This is frustrating.

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Unfortunately yes, but don't let that stop you from applying. Most employers don't bother appealing unless it's a really clear-cut case.

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I got denied initially when I was fired for attendance but won on appeal. The key was showing that my absences were due to a medical condition that my employer knew about. Context matters a lot in these cases.

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That's a good point about context. I should mention that some of my tardiness was due to public transit issues.

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Exactly! Things beyond your control can definitely work in your favor during adjudication.

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Also remember that you need to keep filing your weekly claims even during adjudication. If you're eventually approved, you'll get back pay for those weeks. But if you don't file, you lose those weeks permanently.

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Oh good point! I almost forgot about the weekly filing requirement during the waiting period.

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Yeah that's super important. I know someone who forgot to file for 3 weeks and lost out on like $1800 in back pay.

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The system is set up to be intimidating but don't let that scare you off. Washington ESD wants to make sure benefits go to people who deserve them, but they're not trying to trick you or deny valid claims. Just be honest and thorough in your application.

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Thanks, that helps put things in perspective. I'll start my application today.

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If you need to talk to someone at Washington ESD during this process and can't get through on the phone, I used a service called Claimyr that got me connected to an agent when I was having adjudication issues. Really helped speed things up for me.

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Someone else mentioned that earlier too. Seems like it might be worth trying if I hit any roadblocks.

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I was skeptical at first but it actually worked. Beat sitting on hold for hours.

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Been through this twice - once denied, once approved. The difference was in how I presented the facts. First time I was too defensive and emotional. Second time I just laid out what happened objectively and got approved.

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That's really helpful advice. I'll try to keep emotions out of it and just focus on the facts.

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Exactly. Let the facts speak for themselves. If you weren't stealing or being insubordinate, you've got a good shot.

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Quick question - do they contact your employer right away or wait until after you file your first weekly claim?

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They usually contact employers within a few days of your initial claim if there are any red flags. Faster if you indicate you were fired.

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Thanks! Was just curious about the timeline.

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Whatever you do, don't let your former employer intimidate you out of applying. Some companies try to scare fired employees into not filing. You have every right to apply and let Washington ESD make the determination.

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Good point. My manager did make some comments about how I wouldn't qualify for benefits, but maybe that was just trying to discourage me.

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Probably exactly what that was. Don't let them make that decision for you.

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Just want to add that even if you get disqualified initially, it's not necessarily permanent. If you can show that you've addressed whatever led to your termination, you might qualify for benefits from a future job. Don't let one bad experience define your whole unemployment experience.

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That's good to know for the future. Hopefully it won't come to that but it's reassuring.

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Right, and most disqualifications are temporary anyway. Usually just a few weeks penalty rather than a permanent ban.

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Update us on how it goes! I'm sure others in similar situations would benefit from hearing about your experience with the process.

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Will do! Starting my application now and I'll post an update once I hear back from them.

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Yes please update! I'm in a similar situation and would love to know how it turns out.

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