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Maya Diaz

Can you apply for unemployment if you were fired - Washington ESD eligibility question

I got terminated from my job last week and I'm not sure if I can even apply for unemployment benefits through Washington ESD. My manager said it was due to performance issues but I feel like they were just looking for reasons to let me go. Does being fired automatically disqualify you from getting UI benefits? I've been working in Washington for 3 years and paid into the system so I'm hoping I still have some options. Has anyone been in this situation before?

You can absolutely apply for unemployment even if you were fired. Washington ESD looks at whether you were terminated for 'misconduct' - which is pretty specific. Performance issues usually don't count as misconduct unless it was willful neglect of duties. You should definitely file your claim right away since there's a waiting period.

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Thanks! I was worried I'd be wasting my time applying. What exactly counts as misconduct then?

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Misconduct has to be willful - like stealing, fighting, being drunk at work, or deliberately violating company policy after warnings. Poor performance or not being a good fit usually isn't misconduct.

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File immediately! Even if your employer contests it, you can appeal their decision. I was fired for 'attitude problems' last year and still got my benefits after the adjudication process. The key is being honest about what happened when you file.

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How long did the adjudication take for you?

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About 5 weeks total, but that was during a busy period. They interview both you and your employer to get both sides of the story.

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I've been trying to get through to Washington ESD for weeks about my own claim status and it's impossible. The phone system is completely overwhelmed. If you need to actually talk to someone about your situation, I found this service called Claimyr (claimyr.com) that helps you get through to an actual ESD agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Is that legit? I've never heard of using a third party service for this stuff.

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Yeah it's real, they just help you navigate the phone system to reach a human. Was skeptical at first but it actually worked for me when I needed to check on my adjudication status.

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DEFINITELY apply!! I was fired for being 'difficult' (aka standing up for myself) and got full benefits. Your employer has to prove misconduct, not just that they didn't like you. Don't let them scare you out of what you've earned.

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That's encouraging to hear. Did your employer try to fight it?

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Oh yeah they contested it hard, but Washington ESD saw right through their BS. Document everything you can remember about your termination.

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Good advice on documentation. Keep any emails, write down dates and what was said during meetings, etc.

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Just went through this exact thing. Filed online through SecureAccess Washington and got approved even though I was technically fired. The system asks you to explain the circumstances and I was completely honest about what happened.

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What did you put for the reason for separation? I'm not sure how to word it.

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I put 'terminated by employer' and then explained in the details that it was for performance reasons, not misconduct. Be factual, don't get emotional about it.

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wait so even if you get fired you can still collect? that doesn't seem right to me

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Yes, unemployment insurance isn't just for layoffs. It's for people who lose their job through no fault of their own. Being fired for performance vs being fired for stealing are very different things.

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Exactly. We pay into this system specifically so we have a safety net when we lose our jobs, regardless of how it happens (as long as it's not our fault).

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The worst they can do is deny your claim, so there's no harm in applying. I've seen people get benefits who I thought for sure would be denied. Washington ESD is pretty fair about these things if you're honest.

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True, I guess I have nothing to lose by trying.

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Exactly. And if they deny you initially, you can always appeal the decision.

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I was in your exact situation 6 months ago. Got fired for 'not meeting expectations' but it was really because my supervisor didn't like me. Applied anyway and got approved after about 3 weeks. Now I'm in a much better job!

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That gives me hope! Did you have to do anything special during the application process?

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Just answered all the questions honestly and provided as much detail as possible about why I was terminated. Don't try to sugar coat it or make it sound like something it wasn't.

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One thing to remember - even if you get benefits, your employer's unemployment insurance rates might go up, so some employers will fight legitimate claims just to avoid that cost increase. Don't take it personally if they contest it.

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Good to know. I'm expecting them to fight it based on how they handled the termination.

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If they do contest it, make sure you participate in the phone interview when Washington ESD calls. That's your chance to tell your side of the story.

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File ASAP because there's a one week waiting period before benefits start, and it can take time to process. The sooner you file, the sooner you can start receiving payments if approved.

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I didn't know about the waiting period. I'll file today.

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Good call. Also remember you have to file your weekly claims even while your initial claim is being processed, or you could lose benefits for those weeks.

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Been there done that. Got fired from a retail job for 'customer service issues' (really just wouldn't take abuse from customers) and still got my UI benefits. Performance isn't misconduct.

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Seems like performance-related firings are pretty common and most people still get benefits. That's reassuring.

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Yeah, employers sometimes threaten that you won't get unemployment to scare you, but they're usually wrong about that.

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If you run into issues reaching Washington ESD by phone (which you probably will), that Claimyr service someone mentioned earlier is actually pretty helpful. I used it when my claim got stuck in adjudication and needed to speak to someone urgently.

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I'll keep that in mind if I can't get through. The phone system sounds like a nightmare from what I'm reading.

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It really is. I spent literally hours trying to get through before finding that service. Made the whole process much less stressful.

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Whatever you do, don't let them pressure you into quitting instead of being fired. I've seen employers try to do that to avoid unemployment claims, but quitting usually disqualifies you from benefits.

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Already got fired so too late for that, but good advice for others reading this.

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This is really important advice. 'Voluntary resignation' is much harder to get benefits for than being terminated without misconduct.

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honestly the whole system is set up to discourage people from applying, don't let it intimidate you

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Yeah I'm getting that impression. Thanks for the encouragement.

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np, just remember you paid into this system and deserve to use it when you need it

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I work in HR and can tell you that most terminations for performance don't rise to the level of misconduct that would disqualify someone from unemployment. Your employer would need to show you willfully violated policies or were grossly negligent.

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That's really helpful to hear from someone on the employer side. I definitely wasn't willfully doing anything wrong.

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Then you should be fine. Just be honest about what happened and let the process work.

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Update us on how it goes! I'm curious because I might be in a similar situation soon and want to know what to expect.

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Will do! Planning to file my claim this afternoon.

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Good luck! Hope it goes smoothly for you.

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One more tip - when you file your weekly claims, make sure you're actively looking for work and documenting your job search. Washington ESD requires 3 job search activities per week.

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Good reminder. I've already started looking but need to make sure I'm tracking everything properly.

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Yeah they can ask for your job search log at any time, so keep good records of where you applied and when.

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Don't stress too much about it. The system is designed to help people who lose their jobs through no fault of their own. Sounds like that's exactly your situation.

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Thanks everyone for all the advice and encouragement. I feel much more confident about applying now.

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You've got this! Remember that worst case scenario you get denied and appeal, but sounds like you have a good chance of approval.

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Last thought - if you need help with the Claimyr thing to reach ESD agents, their website is pretty straightforward but the video demo really helps explain how it works. Worth checking out if you run into phone issues.

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Bookmarked it just in case. Hopefully I won't need it but good to have options.

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Smart move. Better to have it and not need it than the other way around when dealing with government phone systems.

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