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Ella Harper

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

Got terminated from my job last Friday and wondering if I can still file for unemployment benefits through Washington ESD? My supervisor said it was due to 'performance issues' but I think it was really because I questioned some of their questionable business practices. Does getting fired automatically disqualify you from getting UI benefits in Washington? I've been working there for 2 years and never had any write-ups before this.

You can absolutely file for unemployment even if you were fired - it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or intentional. File your claim right away and let them make the determination.

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That's a relief to hear. Should I mention the part about questioning their practices or just stick to what they told me?

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Be honest but factual. Focus on what actually happened rather than speculation about their motives.

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same thing happened to me - got fired for 'attitude problems' but still got approved for benefits. took about 3 weeks though because they had to do an adjudication to review everything

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Did you have to provide any documentation or just wait for them to contact your employer?

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they contacted my old job directly, I didn't have to do anything except wait

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I was struggling with the same question after getting let go. Couldn't get through to Washington ESD for weeks to ask about my situation. Finally found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ. The agent was able to explain exactly what I needed to know about my termination and eligibility.

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How much does that cost? I've been trying to call for days but can never get through.

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It's worth it for the peace of mind. Much easier than spending hours on hold or getting disconnected.

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I'll check that out if I can't get through the regular way. Thanks for sharing!

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Here's what Washington ESD considers misconduct: theft, violence, criminal activity, willful violation of company policy, or gross negligence. Performance issues or personality conflicts usually don't qualify as misconduct. You should be fine but they'll investigate by contacting your former employer.

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That's exactly what I needed to know. Performance issues seems to be what they're claiming so I should be okay.

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But what if they claim it was insubordination? That seems more serious than just performance.

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Insubordination has to be proven and it has to be willful refusal to follow reasonable instructions. Questioning business practices isn't the same thing.

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UGH this system is so frustrating! They make you jump through hoops just to get benefits you paid into. I got fired for being 'difficult' but apparently that's not misconduct either. Still took them FOREVER to approve my claim.

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How long did it take for you to get approved?

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About 5 weeks total. They had to do the whole adjudication process and interview both me and my ex-boss.

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That's about normal for disputed claims. They have to be thorough to make sure they make the right decision.

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yeah you can file just don't expect it to be easy

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What do you mean by not easy? The application process or getting approved?

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both honestly. lots of paperwork and waiting around

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Important reminder - file your claim within the first week after losing your job. You can't get benefits for weeks before you file, so don't wait around trying to figure out if you're eligible. Let Washington ESD make that determination.

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Good point. I was planning to wait until Monday but I'll file today instead.

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Definitely file right away. I waited two weeks thinking I might find another job quickly and lost out on those benefits.

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My brother got fired for attendance issues last year and still got unemployment. Washington ESD said as long as it wasn't willful misconduct he was eligible. Sounds like your situation is similar - performance issues aren't usually misconduct.

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That's encouraging. Did he have to appeal or did they approve him right away?

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took about a month for them to review everything but he got approved without having to appeal

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Just want to follow up on the Claimyr thing I mentioned earlier - I used them again this week to check on my claim status and it was super quick to get connected. Way better than sitting on hold for hours or trying to navigate their website.

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How does it actually work? Do they just call for you or what?

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They have a way to get you connected directly to an agent without the usual wait times. Check out their demo video to see how it works.

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Filed after getting fired for 'not being a good fit' - whatever that means. Got approved after they investigated. The key is being honest about what happened and not trying to hide anything from Washington ESD.

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That's basically what happened to me. They said performance issues but I think it was really because I spoke up about some things.

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Yeah, employers often use vague terms like that to avoid saying they fired you for no good reason. Usually works in your favor for unemployment.

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I got fired from my last job for supposedly being late too much but I was only late because of my kids' school schedule. Still got unemployment because they said it wasn't willful misconduct. Everyone told me I wouldn't qualify but I did.

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That's good to know. I was worried that any firing would automatically disqualify me.

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Nope, they really do look at the specific circumstances. It's not just a blanket 'fired = no benefits' rule.

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Been through this process twice unfortunately. First time I got denied because they said I was fired for misconduct (I wasn't) but I appealed and won. Second time I got approved right away. It really depends on how your employer reports the termination to Washington ESD.

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What happens if they lie about why they fired you?

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That's what the adjudication process is for. They interview both sides and look at the facts. If you have documentation that contradicts their story, bring it up.

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Exactly. Employers sometimes exaggerate or mischaracterize terminations, but Washington ESD investigators are pretty good at getting to the truth.

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Don't let anyone tell you that you can't get unemployment if you're fired. That's not true at all. File your claim and let the system work. Worst case scenario they say no and you appeal.

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How hard is the appeal process if they initially deny you?

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Not too bad. You get a hearing where you can explain your side of the story. I've seen people win appeals even when the initial decision went against them.

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washington esd is pretty fair about this stuff in my experience. they don't just automatically deny everyone who got fired like some people think

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That's reassuring. I've heard horror stories but maybe those are just the exceptions.

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yeah people mostly complain when things go wrong. when everything works fine nobody talks about it

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I used Claimyr too after seeing it mentioned here. Really helped me get answers about my claim when I couldn't get through the regular phone lines. Definitely recommend it if you need to talk to someone at Washington ESD quickly.

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I might need to try that if I run into issues with my claim. Good to know it actually works.

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Same here - used them when my claim got stuck in adjudication. Agent was able to explain exactly what was happening and when I could expect a decision.

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