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Marcus Marsh

Can you apply for Washington ESD unemployment if fired from your job?

Got terminated from my retail job last week for what they called 'performance issues' but honestly I think it was just because they didn't like me. My manager had been making my life hell for months and I feel like they were looking for any excuse to get rid of me. Can I still file for unemployment benefits with Washington ESD even though I was fired? I heard that if you get fired you can't get benefits but I'm not sure if that's true. Really need to know because I've got rent due in two weeks and no other income right now.

Yes, you can absolutely apply for unemployment benefits even if you were fired! The key thing Washington ESD looks at is whether you were fired for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or you were repeatedly warned and ignored the warnings. You should definitely file your claim right away - don't wait.

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That's a relief to hear! I was worried I wouldn't qualify at all. Should I mention in my application that I think they fired me unfairly?

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Just be honest about what happened when you file. Washington ESD will contact your employer to get their side of the story during the adjudication process.

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I was in a similar situation last year. Got fired from my warehouse job and was able to get unemployment. The whole process took about 3 weeks because they had to investigate but I did get approved. File online at esd.wa.gov as soon as possible.

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Did they ask you a lot of questions about why you got fired? I'm nervous about having to explain everything.

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They'll ask basic questions when you file, then if there's a dispute they might call you for more details. Just tell the truth about what happened.

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Definitely apply! I've helped several people navigate this and being fired doesn't automatically disqualify you from UI benefits. Washington ESD has to determine if the firing was for misconduct connected to work. Things like poor performance, inability to do the job, or personality conflicts usually don't count as disqualifying misconduct. However, if you were fired for things like theft, violence, or repeatedly refusing to follow reasonable work rules, that would likely disqualify you.

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This makes me feel much better. It really was just performance stuff - they said I wasn't meeting sales targets but the targets were unrealistic.

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Wait, so even if you're just bad at your job you can still get unemployment? That doesn't seem right...

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@profile5 There's a difference between willful misconduct and just not being good at something. If someone tries their best but can't meet expectations, that's not misconduct.

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I had such a hard time getting through to Washington ESD when I needed to check on my claim status after being fired. Spent hours on hold and kept getting disconnected. Finally found this service called Claimyr that helped me get through to an actual person at Washington ESD. You can check them out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me a lot of frustration.

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Never heard of that before. Is it legit? I'm always suspicious of third-party services.

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Yeah it's totally legitimate. They basically help you get through the phone system faster so you can talk to a real Washington ESD rep. Was super helpful when I had questions about my adjudication.

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ugh this is bringing back bad memories of when I got fired and had to deal with the unemployment system. such a nightmare

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What made it so difficult? I'm already stressed about the whole process.

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just the waiting and not knowing if you'll get approved. plus having to prove you're looking for work every week

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One important thing to remember - when you file your claim, you'll need to provide details about your last day of work, your employer's information, and the reason for separation. Be as accurate as possible because Washington ESD will verify this information with your employer.

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Do I need any special documents when I file online?

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You'll need your Social Security number, driver's license, and employment information for the last 18 months. Having your most recent pay stub can help too.

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The Washington ESD website has a whole section about misconduct vs non-misconduct separations. Basically, if you were fired for reasons beyond your control or for non-willful poor performance, you should be eligible. The burden is on the employer to prove misconduct occurred.

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That's good to know! So they have to prove I did something wrong, not the other way around?

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Exactly. If your employer wants to contest your claim, they need to provide evidence of misconduct. Performance issues alone usually aren't enough.

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I thought unemployment was only for people who got laid off through no fault of their own. If you can get it when you're fired too then what's the point of having good employees?

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Unemployment insurance is meant to help people who lose their jobs through no fault of their own. Being fired for poor performance often falls into that category - it's different from being fired for misconduct.

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I guess that makes sense when you put it that way

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File your claim ASAP! There's a waiting period before benefits start, so the sooner you apply the better. Don't let anyone tell you that being fired automatically disqualifies you - that's not true in Washington state.

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How long is the waiting period usually?

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There's a one-week waiting period for everyone, plus if they need to investigate your separation it could take 2-4 weeks for adjudication.

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Also make sure you start doing your job search activities right away. Washington ESD requires you to make at least 3 job search contacts per week and keep a log of your activities.

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Do I need to do job searches even before my claim is approved?

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Yes, you need to be actively looking for work from the first week you file, even during the waiting period.

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Just went through this whole process myself after getting fired from my office job. The key thing is being honest about what happened and not trying to sugarcoat anything. Washington ESD will figure out the truth anyway when they contact your employer during adjudication.

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Did your employer fight your claim?

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They initially contested it but didn't provide enough evidence of misconduct so I was approved after about 3 weeks.

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Another thing about Claimyr - I used them when I needed to talk to someone about my adjudication taking forever. Way better than sitting on hold for hours or getting hung up on. Really wish I had known about it sooner.

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How much does something like that cost?

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It's worth it when you really need to get through to Washington ESD quickly. Check out their demo video to see if it would help your situation.

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Been working in HR for years and I can tell you that most performance-based terminations don't result in unemployment denials. Employers often don't even bother contesting claims unless there was clear misconduct like theft or safety violations.

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That's reassuring to hear from someone on the employer side of things!

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Yeah, contesting claims takes time and resources. Most employers only fight it if they have a really strong case for misconduct.

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whatever you do dont wait to file thinking you wont qualify. i made that mistake and lost out on 2 weeks of benefits i could have gotten

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Good point - I'll file this weekend for sure

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yeah do it online at secure.esd.wa.gov its pretty straightforward

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I've seen people get approved for unemployment after being fired for all sorts of performance issues - not meeting quotas, attendance problems, personality conflicts with management. As long as it wasn't willful misconduct you should be fine.

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My situation sounds pretty similar to what you're describing. Thanks for the encouragement!

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No problem! The worst thing that can happen is they deny your claim, but then you can appeal if you disagree with their decision.

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Make sure when you file that you accurately describe the reason for separation. Don't say you were laid off if you were actually fired - Washington ESD will find out and it could cause problems with your claim.

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Yeah I definitely want to be truthful about everything. Just nervous about how it will affect my chances.

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Being honest is always the best policy. They've seen every situation you can imagine - just explain what happened clearly.

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The whole misconduct thing is pretty specific in Washington. It has to be connected to work and be willful or wanton disregard of employer interests. Poor performance usually doesn't meet that standard unless you were deliberately doing bad work.

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Definitely wasn't deliberate on my part - I was trying my best but the expectations were unrealistic.

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That sounds like a good case for approval then. File your claim and let Washington ESD make the determination.

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had to use claimyr last month when my claim got stuck in adjudication hell. actually got through to someone at washington esd within like 20 minutes instead of spending all day calling. worth checking out if you run into problems

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Good to hear more positive feedback about that service. I'll keep it in mind if I have trouble reaching anyone.

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yeah especially helpful if you need to get status updates or clarify something about your claim

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Don't let your former employer intimidate you into not filing. I've heard of managers telling people they can't get unemployment if they were fired, but that's often not true. File your claim and let Washington ESD decide.

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My manager didn't say anything about unemployment but I could see them being spiteful about it.

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Even if they contest it, you have the right to appeal if you disagree with the initial decision. Don't let fear of their reaction stop you from getting benefits you may be entitled to.

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Bottom line - being fired doesn't automatically disqualify you from unemployment benefits in Washington. The circumstances matter. Performance issues, inability to do the job, and conflicts with management are usually not considered misconduct. File your claim and provide honest information about what happened.

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Thanks everyone for all the helpful advice! I feel much more confident about filing now.

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Good luck with your claim! Remember to file your weekly claims on time once you get started.

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