Can you collect Washington ESD unemployment after being released from jail?
I was incarcerated for 8 months and just got out last week. Before I went in, I was working at a warehouse job for about 2 years. Now I'm trying to get back on my feet and wondering if I can file for unemployment benefits through Washington ESD while I look for work. Does anyone know if having a criminal record or being in jail affects your eligibility? I'm having trouble finding clear information on the Washington ESD website about this situation.
46 comments


Royal_GM_Mark
Yes, you can generally apply for unemployment benefits after release from incarceration in Washington state. The key factors Washington ESD looks at are whether you're able and available for work, actively seeking employment, and meet the earnings requirements from your previous job. Your incarceration itself doesn't automatically disqualify you, but there might be some waiting periods or additional requirements.
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Jeremiah Brown
•That's really helpful to know. Do I need to mention the incarceration when I file my initial claim, or will they find out through background checks?
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Royal_GM_Mark
•You should be honest on your application. Washington ESD asks about periods when you weren't available for work, and incarceration would fall under that. It's better to be upfront than have issues later.
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Amelia Cartwright
I went through something similar about 3 years ago. Washington ESD approved my claim, but it took longer than usual because they had to verify my work history and availability. Make sure you have all your employment records from before incarceration - pay stubs, W-2s, anything that shows your earnings.
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Jeremiah Brown
•How long did the approval process take for you? I'm worried about bills piling up while I wait.
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Amelia Cartwright
•It took about 6 weeks total, including adjudication. Definitely longer than normal, but they did approve it retroactively to when I first applied.
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Chris King
One thing to watch out for - Washington ESD requires you to be actively looking for work and available to accept employment immediately. Some employers might be hesitant to hire someone with recent incarceration, so document all your job search efforts carefully. You'll need to log your job searches in WorkSource WA.
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Jeremiah Brown
•I hadn't thought about the WorkSource WA requirement. Is that something new they added?
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Chris King
•It's been around for a while. You need to register with WorkSource and log at least 3 job search activities per week to maintain eligibility for benefits.
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Rachel Clark
Honestly, getting through to Washington ESD on the phone is going to be your biggest challenge right now. I've been trying to resolve an adjudication issue for weeks and can never get through. If you run into problems with your claim, there's actually a service called Claimyr that helps people get connected to ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Might save you hours of calling.
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Jeremiah Brown
•Thanks for the tip! I'll definitely look into that if I have trouble reaching them.
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Zachary Hughes
•Never heard of Claimyr before but anything that helps with ESD's phone system sounds useful. Their hold times are insane.
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Mia Alvarez
The system is so messed up. My brother went through this exact situation and they made him jump through hoops for months. They kept asking for documentation proving he was 'available for work' while incarcerated, which makes no sense. Sometimes I think they just make stuff up to deny claims.
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Royal_GM_Mark
•That doesn't sound right. Washington ESD shouldn't be asking for availability during incarceration since that's obviously not possible. Sounds like there was some confusion about his case.
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Mia Alvarez
•Maybe, but dealing with ESD is always a nightmare. They never explain anything clearly.
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Carter Holmes
You might also want to look into reentry programs in your area. Many organizations help formerly incarcerated individuals with job placement and can provide documentation of your job search efforts that Washington ESD accepts. This can be really helpful for meeting the work search requirements.
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Jeremiah Brown
•That's a great suggestion. Do you know if participating in those programs counts toward the job search requirement?
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Carter Holmes
•Yes, attending job training workshops and working with employment counselors typically counts as valid job search activities. Keep records of everything.
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Sophia Long
Just be prepared for your claim to go into adjudication. Anytime there's a gap in work history or unusual circumstances, Washington ESD seems to flag it for review. Don't panic if that happens - it's pretty routine for situations like yours.
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Jeremiah Brown
•What exactly happens during adjudication? Is there anything I should do to prepare?
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Sophia Long
•They'll review your case and might contact you or your former employer for more information. Just respond promptly to any requests and provide whatever documentation they ask for.
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Angelica Smith
I work in HR and we've had several former employees in similar situations apply for unemployment. The key thing Washington ESD looks at is whether you lost your job through no fault of your own. If you were employed when you were incarcerated and lost the job because of that, it's typically considered an involuntary separation.
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Jeremiah Brown
•Yes, I was definitely employed when I went in and they had to let me go because I couldn't show up. That should help my case then.
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Logan Greenburg
•That's exactly right. As long as you didn't quit or get fired for misconduct at work, you should qualify.
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Charlotte Jones
File your claim as soon as possible! Even if it takes time to process, the effective date is usually when you first apply, not when it gets approved. Every week you wait is money you might not be able to get back.
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Jeremiah Brown
•Good point. I was waiting to get all my paperwork organized but maybe I should just file now.
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Charlotte Jones
•Definitely file now. You can always submit additional documentation later if they request it.
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Lucas Bey
Make sure you understand the difference between being 'able' and 'available' for work. Washington ESD is pretty strict about this. You need to be physically and mentally able to work, and available to accept suitable employment immediately. If you have any restrictions from probation or other requirements, that could affect your eligibility.
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Jeremiah Brown
•I'm on parole but don't have any work restrictions. Should I mention the parole officer requirement in my application?
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Lucas Bey
•As long as your parole conditions don't prevent you from working normal hours or traveling for work, it shouldn't be an issue. Be honest if they ask directly.
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Harper Thompson
Documentation is everything with Washington ESD. Start keeping records now of every job application you submit, every interview you go on, every employment service you contact. The more thorough your records, the smoother the process will be.
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Jeremiah Brown
•Should I start doing this even before my claim is approved?
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Harper Thompson
•Yes, absolutely. Start documenting your job search from day one. It shows good faith effort and you'll need it for your weekly claims anyway.
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Caleb Stark
Been there. The waiting is the worst part, especially when you need money NOW. But hang in there - Washington ESD does eventually come through. My advice is to file online if possible. The phone system is completely overwhelmed and you'll just get frustrated.
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Jeremiah Brown
•Yeah I'm definitely planning to file online. Hopefully that goes smoother than trying to call.
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Jade O'Malley
•Online is definitely better, but if you do need to call for any reason, that Claimyr service someone mentioned earlier actually works. Used it last month when I couldn't get through about my job search requirements.
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Hunter Edmunds
One more thing - if you have any drug-related charges, Washington might require you to complete substance abuse treatment to maintain eligibility. It's not always enforced but it's part of the law. Just something to be aware of in case it comes up.
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Jeremiah Brown
•My charges weren't drug-related but good to know for others who might be reading this.
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Ella Lewis
•Yeah they have different requirements depending on the type of conviction. Most of the time it doesn't affect unemployment benefits though.
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Andrew Pinnock
Don't let anyone discourage you from applying. You paid into the system when you were working, and if you qualify, you deserve those benefits. The whole point of unemployment insurance is to help people get back on their feet after job loss, regardless of the circumstances.
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Jeremiah Brown
•Thanks for saying that. I've been feeling like maybe I don't deserve help, but you're right - I did pay into it.
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Brianna Schmidt
•Exactly. Don't let anyone make you feel bad about using a program you contributed to. Good luck with everything!
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Alexis Renard
Final tip: if your claim gets denied for any reason, don't give up. You have the right to appeal, and many initial denials get overturned on appeal. The process can be slow but it's worth fighting for if you believe you qualify.
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Jeremiah Brown
•How long do you have to file an appeal if needed?
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Alexis Renard
•You typically have 30 days from the date of the denial notice to file an appeal. Don't wait - the deadline is strict.
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Camila Jordan
•And if you need help with the appeal process, Claimyr can actually help you get through to the right people at ESD for that too. Sometimes talking to an actual person makes all the difference in getting these issues resolved.
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