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Grace Durand

Can you claim unemployment if you are fired - Washington ESD eligibility question

My manager terminated me last Friday for what they called 'performance issues' but I think it was really because I questioned some safety procedures at our warehouse. I've been working there for 2 years with no previous warnings. Can I still file for unemployment benefits with Washington ESD if I was fired? I'm worried they'll deny my claim because it wasn't a layoff. Has anyone been in this situation before?

Steven Adams

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Yes, you can definitely apply for unemployment even if you were fired. Washington ESD will investigate whether the firing was for 'misconduct' - if it wasn't misconduct, you should qualify for benefits. Performance issues usually don't count as misconduct unless it was willful or you ignored repeated warnings.

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Grace Durand

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That's reassuring to hear. I never had any written warnings, just verbal feedback about productivity. Should I mention the safety concerns I raised?

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Steven Adams

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Absolutely mention that. If you were fired for raising legitimate safety concerns, that could actually strengthen your case. Washington ESD protects workers who report safety violations.

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Alice Fleming

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File your claim ASAP! Washington ESD has a waiting period before benefits start, so don't delay. When you file, be honest about being terminated but explain your side. They'll contact your employer to get their version too. Most firings that aren't for serious misconduct (theft, violence, etc.) still qualify for UI benefits.

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Hassan Khoury

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How long does Washington ESD take to decide on these cases? I got fired 3 weeks ago and my claim is still under adjudication.

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Alice Fleming

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Adjudication can take 4-6 weeks unfortunately. If you can't get through by phone to check status, there's actually a service called Claimyr (claimyr.com) that helps people reach Washington ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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I was fired from my retail job for being late too many times and still got unemployment. Washington ESD said it wasn't misconduct because I had transportation issues that were beyond my control. As long as you weren't stealing or doing something really bad, you should be fine.

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Grace Durand

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That gives me hope! Did your employer fight the claim at all?

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They did initially but Washington ESD ruled in my favor after I explained the bus route changes that made me late. The key is being honest and having documentation if possible.

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Benjamin Kim

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washington esd is pretty fair about this stuff. i got fired for attitude problems (lol) and they approved my claim. just be honest when you file and dont try to hide that you got terminated

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Same here! Got canned for 'not being a team player' which was basically me not wanting to work unpaid overtime. Washington ESD approved my benefits within a month.

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THE SYSTEM IS BROKEN!!! I was wrongfully terminated and it took MONTHS to get my benefits while my employer lied about everything. Washington ESD doesn't care about workers, they just believe whatever employers tell them. Good luck fighting this corrupt system!

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Steven Adams

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That sounds really frustrating. Did you end up appealing their initial decision? The appeals process can sometimes get better results when there are disputes about the facts.

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Yeah I appealed and eventually won but it took 4 months total! Meanwhile I couldn't pay rent. This whole system needs to be torn down.

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Quick tip - when you file your Washington ESD claim online, there's a section where you can explain the circumstances of your separation. Use that space to tell your side of the story about the safety concerns and lack of warnings. Don't just say 'fired for performance.

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Grace Durand

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Good advice! I was planning to keep it brief but sounds like I should give more detail.

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Exactly. The more context you provide upfront, the better. Washington ESD adjudicators have to make decisions based on limited info, so help them understand your situation.

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Hassan Khoury

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Be prepared for your employer to contest your claim though. My old boss fought my unemployment even though they fired me for bogus reasons. Washington ESD will send you paperwork if there's a dispute and you'll need to respond quickly.

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Grace Durand

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What happens if they contest it? Do I need a lawyer?

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Hassan Khoury

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No lawyer needed usually. Washington ESD will investigate and might schedule a phone hearing where both you and your employer explain your sides. Just stick to the facts.

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Alice Fleming

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If you do need to reach Washington ESD about a contested claim, that Claimyr service I mentioned earlier is really helpful for getting through the phone queues quickly.

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Grace Durand

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Thanks everyone for the advice! I'm going to file my claim today. One more question - should I mention that I was looking for other jobs before I got fired? I had started sending out resumes because I wasn't happy there.

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Steven Adams

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That's fine to mention if asked, but don't make it the focus. The key is that you were involuntarily separated from your job, not that you were planning to quit anyway.

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Yeah just answer honestly if it comes up but emphasize that you were fired, not that you quit or were planning to quit.

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Benjamin Kim

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also make sure you start doing your job search requirement right away. washington esd makes you apply for jobs every week and keep track of it. dont wait until they tell you to start

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Grace Durand

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How many jobs do I need to apply for each week?

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Steven Adams

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It's typically 3 job contacts per week for Washington ESD, but they'll give you the exact requirements when your claim is processed. Keep detailed records of where you apply.

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One thing that helped me when I was fired was getting character references from coworkers who witnessed the unfair treatment. If you have colleagues who saw what happened with the safety issues, ask them if they'd be willing to provide a statement.

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Grace Durand

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That's a great idea! A couple coworkers were there when I raised the safety concerns. How do I submit something like that to Washington ESD?

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You can upload documents through your online account or mail them in. Get written statements if possible, even if they're informal. Having witnesses helps a lot.

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Alice Fleming

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Just to clarify the misconduct standard - Washington ESD looks at whether your actions were willful violations of company policy that showed disregard for your employer's interests. Questioning safety procedures is usually protected activity, not misconduct.

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Hassan Khoury

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This is really helpful info. I wish I had known this when I was dealing with my claim adjudication mess.

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Another tip - when you do your weekly claim filing, there's always a question about whether you were fired or quit from any job that week. Make sure you answer consistently with what you put on your initial application.

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Grace Durand

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Good point about being consistent. I'll make sure to keep my story straight throughout the process.

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Steven Adams

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If Washington ESD does find misconduct and denies your initial claim, don't give up. You have appeal rights and the standards can be different at the hearing level. I've seen cases where initial denials get overturned on appeal.

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This is true! My appeal hearing judge was way more reasonable than whoever made the first decision. Don't let them intimidate you into giving up.

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Update us on how it goes! I'm curious to hear if Washington ESD processes your claim quickly or if it gets stuck in adjudication like so many others lately.

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Grace Durand

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Will do! I'm hoping it goes smoothly but prepared for delays based on what I'm reading here.

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Hassan Khoury

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If you end up needing to call Washington ESD about your claim status and can't get through, I actually used that Claimyr service someone mentioned earlier. It really works - got me connected to an agent in like 10 minutes instead of calling for hours.

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Grace Durand

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I'll keep that in mind if I run into phone issues. Hopefully I won't need to call but good to know there are options.

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Benjamin Kim

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bottom line is you should qualify unless you did something really bad. getting fired for performance or raising safety issues isnt misconduct. file asap and dont stress too much about it

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Grace Durand

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Thanks for the reassurance! I feel much better about filing now.

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Alice Fleming

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Final advice - document everything from this point forward. Keep copies of all your Washington ESD correspondence, note dates of phone calls, save emails, etc. If there are any complications, having good records will help resolve them faster.

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Grace Durand

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Great advice! I'll start a folder for all the unemployment paperwork. Thanks everyone for all the help - this thread has been incredibly useful!

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Steven Adams

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You're welcome! Hope your claim gets approved quickly. Come back and let us know how it turns out.

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Good luck! Sounds like you have a solid case based on what you've described.

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