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Chloe Harris

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

Got let go from my warehouse job last Friday and I'm trying to figure out if I can even apply for unemployment benefits through Washington ESD. My supervisor said it was due to 'performance issues' but honestly I think they just wanted to cut costs. I've been working there for almost 2 years with no major problems until recently. Does being terminated automatically disqualify you from getting UI benefits? I'm really stressed about this because I have rent due next week and no other income lined up.

You can definitely apply for unemployment even if you were terminated, but Washington ESD will investigate whether the termination was for misconduct or not. Performance issues alone usually don't disqualify you unless they can prove willful misconduct. File your claim ASAP since there's a waiting period anyway.

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That's a relief to hear. What counts as misconduct exactly? I was never written up or anything formal like that.

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Misconduct has to be willful and work-related. Things like theft, violence, or deliberately violating company policy. Poor performance or not meeting expectations usually isn't misconduct unless you were actively refusing to do your job.

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I went through this exact situation 6 months ago. Got fired for 'performance' but it was really because they were downsizing. Filed for unemployment right away and got approved after about 3 weeks. The key is being honest on your application about why you were terminated.

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Did you have to provide any documentation from your employer? I'm worried they might try to fight my claim.

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Washington ESD will contact your employer directly to get their side of the story. Just make sure you keep any emails or documentation you have about your termination.

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The hardest part is actually getting through to Washington ESD to file your claim or check on status. Their phone system is absolutely terrible - I spent literally hours trying to reach someone when I had questions about my adjudication. Found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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Never heard of that service but honestly willing to try anything at this point. The Washington ESD phone lines are a nightmare.

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Yeah it was a lifesaver for me. Way better than sitting on hold for hours just to get disconnected.

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DON'T listen to these people telling you it's easy! Washington ESD will fight tooth and nail to deny your claim if you were fired. They always side with the employer. I got denied twice before finally winning my appeal.

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That's not really accurate. Washington ESD follows specific guidelines for misconduct determinations. Being terminated doesn't automatically mean denial.

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Easy for you to say but when you're living it it's a different story. The system is rigged against workers.

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This is making me even more nervous now. Should I even bother applying?

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Absolutely apply! The worst case scenario is they deny your initial claim, but then you can appeal. Don't let one person's bad experience scare you off from getting benefits you may be entitled to.

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Okay I'm going to file today. How long does the whole process usually take?

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Initial determination usually takes 2-3 weeks, but can be longer if they need to investigate. Make sure you keep filing your weekly claims even while it's pending.

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same thing happened to my brother last year, he got fired from construction job and still got unemployment. took forever though

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How long is forever? I really need to know what timeline I'm looking at here.

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like 6 weeks total I think? maybe more. he had to appeal the first decision but won in the end

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The key thing people don't realize is that Washington ESD has to prove you committed misconduct, not the other way around. The burden of proof is on them and your employer. Poor performance, personality conflicts, or general 'not being a good fit' typically won't rise to the level of disqualifying misconduct.

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That's actually really helpful to know. My situation was definitely more about not meeting their expectations rather than any kind of misconduct.

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Exactly. Document everything you can remember about your termination meeting and any conversations leading up to it. The more details you can provide, the better.

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I work in HR and see this all the time. Most employers don't even contest unemployment claims unless there was serious misconduct involved. It's usually not worth their time and effort to fight it over performance issues.

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Really? That makes me feel a bit better. My old company is pretty small so maybe they won't even bother.

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Don't count on it. Employers contest claims all the time just to be spiteful.

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Some do, but most larger companies have policies against contesting unless there's clear misconduct. Smaller companies vary more.

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Whatever you do, be 100% honest on your application. If they catch you lying about anything, that will definitely disqualify you. Better to be upfront about the circumstances even if you think it might hurt your case.

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Good point. I was thinking about downplaying some of the performance stuff but you're right, honesty is probably the best policy.

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Trust me on this one. Washington ESD will investigate and if your story doesn't match what your employer says, you'll be in much worse shape.

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I used Claimyr too when I couldn't get through to Washington ESD about my pending adjudication. Worked great and saved me tons of time. Definitely recommend checking out their service if you run into phone issues.

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How much does something like that cost? I'm already strapped for cash.

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It's worth it when you consider how much time you'd waste otherwise. Plus if you can't reach Washington ESD to resolve issues, you might not get your benefits at all.

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Been through this whole process twice now unfortunately. First time I got denied initially but won on appeal. Second time I got approved right away. It really depends on how your employer frames the termination and what documentation they provide to Washington ESD.

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What was different between the two situations? Trying to get a sense of what factors matter most.

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First time the employer claimed I was insubordinate, second time they just said it was a layoff due to business needs. Much easier when it's clearly not misconduct.

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The adjudication process can be really stressful but try not to panic if your claim gets flagged for review. It doesn't necessarily mean bad news, they just have to investigate any contested termination.

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What happens during adjudication exactly? Do they interview you or just review paperwork?

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They might call you for a phone interview to get your side of the story. Be prepared to explain the circumstances of your termination in detail.

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Make sure you understand the job search requirements too. Even while your claim is being processed, you'll need to be actively looking for work and documenting it in WorkSourceWA.

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Oh I didn't even think about that part. How many jobs do you have to apply for each week?

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It's usually 3 job search activities per week, but can vary based on your situation. The Washington ESD website has all the details about what counts as a valid job search activity.

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Just wanted to add that even if you get denied initially, the appeal process is worth pursuing if you believe the denial was wrong. I won my appeal hearing and ended up getting all my back benefits paid out.

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Good to know the appeal option is there. Hopefully it won't come to that but nice to have a backup plan.

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Exactly. Don't give up if the initial decision doesn't go your way. The appeal process gives you a chance to present your case more thoroughly.

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One more thing - file your claim as soon as possible. There's a one-week waiting period before benefits start, and you can't backdate your claim to before you actually filed it.

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I'm definitely filing today then. Thanks everyone for all the advice, this has been really helpful!

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Good luck! The process can be frustrating but stick with it. Most people who were terminated for performance reasons do end up getting approved.

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If you do have trouble reaching Washington ESD by phone, that Claimyr service mentioned earlier really does work. Used it myself when I couldn't get through during the busy period after I lost my job.

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I'll keep that in mind if I run into phone issues. Hopefully the online application process goes smoothly.

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The initial application is usually fine online, but if you need to talk to someone about your specific case, that's where the phone problems start.

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Mei Liu

Don't overthink this too much. Performance-related terminations are pretty common and most of them result in approved unemployment claims. Just be honest, file promptly, and keep looking for work.

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You're right, I'm probably stressing more than I need to. Going to file my claim now and see what happens.

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Mei Liu

That's the right attitude. The system isn't perfect but it generally works out for people who were legitimately let go through no fault of their own.

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Update us when you hear back on your claim! Always curious to hear how these situations turn out for people.

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Will do! Fingers crossed it goes smoothly. Thanks again everyone for all the support and advice.

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Rooting for you! Remember to keep filing those weekly claims even while waiting for the initial determination.

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