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Peyton Clarke

Can you be denied Washington ESD unemployment if you are fired?

I got terminated from my job last week for what my manager called 'performance issues' but I think it was really just because they wanted to cut costs. My supervisor had been making unrealistic demands and setting me up to fail for months. I'm worried about filing for unemployment because I've heard that if you get fired you can't collect benefits. Is this true in Washington? What counts as 'misconduct' that would disqualify you from getting UI benefits? I really need these benefits to survive while I look for another job.

Vince Eh

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You can definitely get unemployment if you're fired, but it depends on the reason. Washington ESD will only deny you if you were terminated for misconduct. Simple performance issues or being a bad fit usually don't count as misconduct. The key is whether you willfully violated company policy or deliberately did something wrong.

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Peyton Clarke

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That's a relief! So if they fired me for not meeting sales targets that were impossible to reach, that wouldn't be misconduct?

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Vince Eh

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Exactly. Inability to meet performance standards isn't misconduct. You should be fine to file your claim.

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I was in a similar situation last year. Got fired for 'insubordination' but it was really just because I questioned some unsafe practices. Washington ESD approved my claim after doing an investigation. They interview both you and your employer to get the full story.

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Peyton Clarke

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How long did the investigation take? I'm worried I'll be waiting forever for benefits.

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Mine took about 3 weeks. During that time my claim was in adjudication. It's nerve-wracking but they do get to it eventually.

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Pro tip - when you file your claim, be completely honest about why you were fired but frame it in a way that shows it wasn't misconduct. Don't try to hide anything because your employer will give their side of the story anyway.

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Peyton Clarke

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Good advice. I'll make sure to explain that it was performance-related, not behavioral.

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Ezra Beard

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I've been trying to get through to Washington ESD for weeks about my own termination situation. Their phone lines are always busy and when I do get through, I get disconnected. It's so frustrating when you need answers. Has anyone found a way to actually talk to someone there?

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Ezra Beard

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Really? That sounds too good to be true. How does it work exactly?

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It's actually pretty simple. They handle the calling and waiting for you, then connect you when an agent is available. I used it to get my adjudication issue resolved.

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The misconduct standard in Washington is pretty specific. It has to be a willful disregard of your employer's interests or a deliberate violation of workplace rules. Poor performance, personality conflicts, or even isolated incidents usually don't qualify as misconduct.

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Peyton Clarke

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That's reassuring. My situation was definitely performance-related, not intentional wrongdoing.

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Aria Khan

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What about if you get fired for being late too many times? Is that misconduct?

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Chronic tardiness could potentially be misconduct if you were repeatedly warned and continued to be late despite knowing the consequences. It depends on the circumstances.

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Everett Tutum

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Just file your claim and let Washington ESD sort it out. The worst they can do is deny you, and then you can appeal if you disagree. Don't let fear stop you from getting benefits you might be entitled to.

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Peyton Clarke

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You're right. I'll file tomorrow and see what happens.

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Sunny Wang

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I got denied initially because my employer claimed I was fired for misconduct, but I appealed and won. The hearing officer could see through their lies. Don't give up if you get denied at first - the appeal process is there for a reason.

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Peyton Clarke

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How long did the appeal process take?

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Sunny Wang

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About 6 weeks from filing the appeal to getting the decision. But I got back pay for all the weeks I should have been getting benefits.

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Washington ESD gets a lot of bogus misconduct claims from employers trying to avoid paying higher unemployment insurance premiums. They're pretty good at spotting the real misconduct cases versus employers just trying to game the system.

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That's good to know. My old boss was definitely the type to lie about why they fired someone.

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Melissa Lin

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Make sure you document everything - emails, performance reviews, warnings you received, etc. If your claim goes to adjudication, having documentation will help your case.

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Peyton Clarke

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I saved all my emails and performance reviews. Good thing I kept copies!

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I've been dealing with Washington ESD for months and still can't get through to talk to anyone about my case. The online system doesn't give you enough detail about why they made their decision.

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Romeo Quest

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Have you tried using Claimyr? Someone mentioned it earlier and I looked into it. Seems like a legitimate way to get through the phone queue without spending all day calling.

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I'm skeptical of paying for something that should be free, but at this point I'm desperate.

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Romeo Quest

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I get that, but my time is worth something too. I was spending 3-4 hours a day trying to get through and getting nowhere.

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Val Rossi

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The key thing is to be honest when you file. Don't try to spin the story or hide details. Washington ESD has heard every excuse in the book and they can usually tell when someone is being deceptive.

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Peyton Clarke

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I plan to be completely truthful. I have nothing to hide.

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Eve Freeman

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Even if you're denied initially, you can still file weekly claims while your appeal is pending. Just make sure you keep filing even if you're not getting paid yet.

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Peyton Clarke

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Good to know! I didn't realize you could still file during an appeal.

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I got fired for 'attitude problems' which was really just me standing up for myself against a toxic manager. Washington ESD saw right through it and approved my claim. Don't let them intimidate you.

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Peyton Clarke

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That gives me hope. My situation sounds similar.

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Caden Turner

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Remember that unemployment benefits are insurance that you and your employer paid into. You have a right to collect them if you're eligible. Don't feel guilty about filing a claim.

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Peyton Clarke

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Thanks for the reminder. I do feel bad about it but you're right - I paid into the system.

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The bottom line is that most people who get fired for performance issues will qualify for unemployment. True misconduct is actually pretty rare. File your claim and don't stress about it too much.

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Peyton Clarke

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Thank you everyone for all the advice. I feel much better about filing now.

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