Can you collect Washington ESD unemployment if fired from your job?

You can absolutely file for unemployment even if you were fired, but Washington ESD will investigate the circumstances through what's called adjudication. The key question is whether you were terminated for 'misconduct' or not. Misconduct has a specific legal definition - it's basically willful or wanton disregard of your employer's interests. Simple attendance issues, especially with legitimate sick leave, often don't meet that threshold.

You can definitely apply for unemployment even if you were fired. Washington ESD will investigate whether your termination was for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were willfully ignoring job duties. File your claim immediately - even if they deny it initially, you can appeal.

Thanks! Should I mention the safety complaints I made or just focus on the performance stuff they cited?

i got fired 3 months ago for being late too many times and still got approved for UI benefits. took about a month for them to decide but they said since i wasn't like stealing or being violent it didn't count as misconduct

Definitely mention the safety complaints - that could actually help your case if it looks like retaliation. Document everything you remember about the timeline.

I got fired for attendance issues last year and still got my UI benefits. Washington ESD looks at whether you were deliberately doing something wrong or if it was just not working out. No written warnings actually helps your case - shows they didn't give you a chance to improve.

The frustrating part is trying to reach Washington ESD to check on your adjudication status. I spent weeks calling their customer service line and could never get through. If you're having trouble reaching them, I discovered this service called Claimyr (claimyr.com) that actually gets you connected to a real agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much stress when my claim was stuck in adjudication limbo.

That's reassuring! How long did it take for them to decide on your claim?

About 3 weeks because they had to do an adjudication to interview both me and my former employer. But I got approved and even got back pay for those weeks.

File ASAP but be prepared for them to put your claim in adjudication. I've been waiting 5 weeks for them to decide on mine after getting fired. Can't get through to anyone at Washington ESD to check on the status. So frustrating!

Washington ESD has gotten so much better since the pandemic mess but they're still overwhelmed. The most important thing is to file immediately and be completely honest about why you were terminated. Don't try to hide anything because they'll find out when they contact your employer anyway. If you had legitimate reasons for your attendance issues like medical problems, make sure to mention that in your initial claim.

Have you tried using Claimyr? I found out about it when I was having the same problem reaching Washington ESD. They actually get you through to a real person - check out claimyr.com. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

The system is so unfair though. I know people who got fired for legitimate misconduct and still received benefits while others who had minor issues got denied. It really depends on which adjudicator reviews your case and how well you present your side of the story.

Never heard of that before. Is it legit? I'm desperate at this point.

Yeah it's real - I used it last month when my claim was stuck. Way better than spending hours trying to call Washington ESD yourself.

Update: I filed my claim online this morning and it went through the initial application process. Now showing 'pending' status while they do the adjudication. Thanks everyone for the advice about being honest and filing immediately.

The key thing is misconduct vs poor performance. If you were just not good at the job or couldn't meet standards, that's not misconduct. But if you were stealing, fighting, or willfully disobeying orders, that would disqualify you from benefits.

They said I wasn't meeting production quotas but I was trying my best. Does that count as misconduct?

No, that sounds like poor performance, not misconduct. Especially with no warnings. You should be fine to collect benefits.

ugh the whole system is so messed up. they make you jump through hoops even when you get fired for BS reasons. took me 2 months to get my benefits sorted out

Two months?? That's crazy. I really hope mine doesn't take that long.

Mine only took 3 weeks but I had good documentation. The more evidence you have about your job performance and the circumstances of your firing, the faster they can make a decision.

I'm in a similar situation - got fired for 'attitude problems' but really I was just standing up for myself against a hostile supervisor. Already filed my Washington ESD claim but worried they'll side with the employer.

Document everything you can remember about specific incidents. Washington ESD investigators are pretty good at seeing through employer BS if you give them the facts.

Good advice. I'm writing down every interaction I can remember with dates and witnesses.

File your weekly claims even while they're investigating! A lot of people don't know this but you need to keep certifying every week or you lose those weeks of benefits even if you get approved later.

Wait, I can file weekly claims before they approve my initial claim?

Yes! You absolutely should. Just answer the questions honestly about looking for work and being available. That way if you get approved you'll get back pay for all those weeks.

The safety complaint angle could really help you. Washington has strong whistleblower protections and if they fired you for reporting unsafe conditions, that's definitely wrongful termination.

I reported it to my supervisor and also to the safety manager. Both conversations happened within a month of my firing.

Perfect - that timeline shows a clear connection. Make sure to mention this when Washington ESD contacts you for the adjudication interview.

been there done that... performance issues is usually code for 'we want to get rid of you but don't have a real reason.' as long as you weren't stealing or fighting you should get benefits

That's exactly what it felt like! Thanks for the reassurance.

Just went through this exact situation. Got fired for 'not being a good fit' after 6 months. Washington ESD approved my claim because there was no misconduct involved. The employer even tried to fight it but I had kept good records of my work and the investigator saw through their excuses.

How long did the whole process take from filing to getting your first payment?

About 4 weeks total including the adjudication. Once they made their decision I got my first payment within a few days.

If you do run into issues contacting Washington ESD during your adjudication, I had success with Claimyr when I needed to speak to someone urgently about my claim status. Much easier than the regular phone system.

How does that work exactly? Do they charge you to make the call?

They handle getting you connected to a Washington ESD agent. Check out their site for details - saved me hours of busy signals and hangups.

Make sure you have your employer's correct business name and address when you file. I messed that up initially and it delayed my whole claim by 2 weeks while they sorted it out.

Good tip! I'll double check all the company info before I submit.

The fact that you made safety complaints could actually strengthen your unemployment case significantly. Washington takes workplace safety violations seriously and retaliatory firing for reporting safety issues is illegal.

Should I contact OSHA too or just focus on the unemployment claim for now?

You could do both - they're separate processes. But definitely prioritize getting your unemployment benefits first since you need the income.

whatever you do dont wait to file! even if you think you might not qualify, file anyway. worst case they say no and you appeal. but if you wait too long you lose weeks of potential benefits

Filing today! Thanks everyone for all the advice and encouragement.

I was in adjudication for almost 6 weeks after getting fired for 'poor performance.' Finally got approved when the investigator realized my employer couldn't provide any documentation of the performance issues they claimed. Keep all your pay stubs and any employee handbook info about progressive discipline policies.

Six weeks is nerve-wracking but good to know you got approved in the end. I'll gather all my employment documents.

Yeah it was stressful but worth the wait. The back pay covered all those weeks I was waiting for the decision.

Pro tip: when they do the adjudication interview, stick to facts and don't get emotional even if your employer lies. The investigator will see through inconsistencies in their story if you present your side calmly and factually.

That's really good advice. I tend to get worked up when talking about what happened.

I know it's hard but staying factual and professional really helps your credibility with the Washington ESD investigator.

You mentioned no written warnings - that's huge in your favor. Most employers have progressive discipline policies and if they didn't follow their own policy, Washington ESD will definitely consider that when making their decision.

I never thought about that angle. I should check if they have a written discipline policy in the employee handbook.

Exactly! If their handbook says they give verbal warnings, then written warnings, then termination, and they skipped steps, that helps your case.

Good luck with your claim! Sounds like you have a solid case especially with the safety complaint timeline. Keep us posted on how it goes.

Thanks! Will definitely update once I hear back from Washington ESD. This thread has been incredibly helpful.

Last thing - when you're doing your job search requirements, keep detailed records. Even during adjudication you need to be looking for work and documenting it. Use the WorkSourceWA website to track your job search activities.

Should I be doing 3 job search activities per week even before my claim is approved?

Yes, start immediately. If you get approved, they'll expect you to have been looking for work the whole time. Better to be prepared than lose benefits later.

Been through this exact situation. The waiting is the worst part. What helped me was documenting everything about my termination while it was fresh in my memory - dates, conversations with supervisors, any witnesses. Also check if your company has an employee handbook that defines their attendance policy. Sometimes employers don't follow their own policies properly.

Don't let anyone tell you that being fired automatically disqualifies you. That's a myth. Washington ESD looks at each case individually. I was terminated from my retail job for 'poor performance' but got approved because they couldn't prove it was intentional misconduct. Performance issues are different from misconduct.

My sister went through this last year. Got fired for attendance but it was because she didn't have reliable childcare. Washington ESD approved her claim because the circumstances were beyond her control. The adjudication took forever though, like 5 weeks.

The key thing is not to panic if your employer contests your claim. Most employers automatically contest every unemployment claim regardless of the circumstances. It doesn't mean you won't be approved, it just triggers the adjudication process which you were probably going to go through anyway since you were terminated.

Just wanted to follow up on my earlier mention of Claimyr - I used them again this week to check on a different issue and they're still working great for getting through to Washington ESD. If anyone's claim gets stuck and you need to actually talk to someone, it's worth checking out their service.

Something to keep in mind - even if you get approved initially, your former employer can appeal the decision. I thought I was all set when Washington ESD approved my claim, then got a notice about an employer appeal hearing. It's just another step in the process but good to be prepared for.

ugh this whole thread is stressing me out lol. i might be getting fired soon too and now im worried about all this adjudication stuff. seems like such a headache

One thing I learned the hard way - make sure you're actively looking for work during the adjudication process. Washington ESD requires job search activities even while your claim is pending. I almost lost my benefits because I wasn't keeping proper records of my job search during those first few weeks.

The whole misconduct definition is really specific in Washington law. I looked it up when I was going through this. It has to be a willful or wanton disregard of the employer's interests, or a deliberate violation of reasonable workplace standards. Simple mistakes or isolated incidents usually don't count.

My experience was that being honest and thorough in your initial application really matters. I included details about my medical issues that contributed to my attendance problems, and I think that helped the adjudicator understand the full situation. Don't just put bare minimum information.

Final advice from someone who's been through this twice - stay calm and don't assume the worst. The system is designed to help people who lost their jobs through no fault of their own. Even if you were technically 'fired,' if it wasn't for serious misconduct, you have a good chance of getting benefits. Just be patient with the process.