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Yara Nassar

Can you collect Washington ESD unemployment if you get fired after giving notice?

I submitted my two weeks notice to my employer last Friday, but they terminated me immediately and said I don't need to work the final two weeks. Now I'm wondering if I can still file for unemployment benefits with Washington ESD since technically I was fired, even though I was planning to quit. Has anyone been in this situation before? I'm really confused about whether this counts as being fired or quitting for unemployment purposes.

This happened to my friend last year and she was able to get benefits. Since your employer chose to terminate you instead of letting you work your notice period, Washington ESD should treat it as a termination rather than a voluntary quit.

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That's encouraging to hear! Did she have any issues during the application process or did it go smoothly?

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She had to explain the situation during her initial claim but it was approved without much hassle.

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You should definitely apply. When an employer terminates you after you give notice, it's generally considered involuntary separation. Make sure to document that you were willing to work the full notice period but the employer chose to end your employment early.

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Good point about documentation. I do have my original resignation email showing I was willing to work two more weeks.

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Yes keep all that documentation! Washington ESD will want to see proof of the timeline.

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I've seen this scenario many times and it usually favors the employee for UI benefits. The key is that you were constructively discharged - you intended to continue working but the employer chose to terminate the relationship early. When you file your claim, be clear about the sequence of events.

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Thank you! That term 'constructively discharged' is helpful to know.

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Wait so even if you were planning to quit you can still get unemployment? That seems weird to me.

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The important distinction is that the employment ended due to the employer's decision, not the employee's final action.

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I had this exact situation happen to me in 2023. I gave notice, they walked me out that day, and I was approved for benefits. The Washington ESD adjudicator told me that since I was willing and able to work the notice period, the termination was on the employer. Took about 2 weeks to get approved after they reviewed it.

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That's exactly my situation! Did you have to do anything special during the application or just explain what happened?

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I just told the truth in the application about giving notice and being terminated immediately. They called me once to clarify the timeline but that was it.

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Two weeks isn't bad for adjudication these days. I've been waiting over a month for mine to be resolved.

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Honestly the whole system is confusing. I've been trying to reach Washington ESD for weeks about my claim and can never get through. If you need to talk to someone about your specific situation, I recently found this service called Claimyr that helps you actually get connected to ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Interesting, I haven't heard of that before. Have you used it yourself?

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Yes, I used it last week and finally got through to someone at ESD after trying for almost a month on my own. It's been a lifesaver honestly.

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How does that even work? Seems too good to be true.

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you should be fine to file. most employers do this to avoid having employees potentially sabotage things during their last two weeks. as long as you document everything you'll be approved

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Makes sense from the employer's perspective I guess. Thanks for the reassurance!

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Yeah it's pretty common in certain industries like finance or tech where they don't want people with access to sensitive info working after they've given notice.

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I work in HR and see this situation regularly. From Washington ESD's perspective, what matters is the final action that ended the employment relationship. Since your employer chose to terminate you rather than accept your notice period, it's considered involuntary separation. You should qualify for benefits assuming you meet all other eligibility requirements.

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That's really helpful coming from an HR perspective. I feel much more confident about applying now.

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Question - does it matter what reason the employer gives for the immediate termination?

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As long as it's not for misconduct, the reason for immediate termination after notice shouldn't disqualify you from benefits.

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This is actually pretty straightforward - you gave notice in good faith intending to work out your notice period, but your employer made the decision to end your employment immediately. That's their choice and it makes you eligible for unemployment. I've helped several people through similar situations and they all got approved.

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Everyone's responses are giving me a lot of confidence. I was really worried I'd be stuck in some gray area.

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The gray areas in unemployment law are usually more complex than this. Your situation is pretty clear cut.

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Whatever you do, don't lie on your application. Be honest about giving notice but make it clear you were terminated before your intended last day. The worst thing you can do is try to hide the fact that you submitted a resignation.

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Absolutely, I plan to be completely transparent about the whole timeline.

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Good advice. ESD will find out anyway if the employer contests the claim, so honesty is definitely the best policy.

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Yeah and if they catch you lying it can affect future benefit eligibility too.

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I'm dealing with Washington ESD right now on a different issue and the phone system is absolutely terrible. Took me forever to get through until someone recommended this Claimyr service that helps you get connected to actual agents. It's been really helpful for getting answers about claim issues.

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A couple people have mentioned that service now. Sounds like it might be worth looking into if I run into issues.

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I'm skeptical of services like that but if the state phone system is really that bad maybe it's necessary.

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Make sure you have your resignation letter or email saved, along with any communication from your employer about the immediate termination. Washington ESD might ask for documentation during the adjudication process, especially if your former employer decides to contest the claim.

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Good point, I'll gather all the relevant emails and documentation before I apply.

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Also save any text messages or other communications that might be relevant to the timeline.

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Do employers usually contest these types of claims?

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In my experience employers rarely contest these claims when they chose to terminate someone immediately after receiving notice. They know they made the decision to end the employment early, so they don't have much ground to stand on. But it's still good to have your documentation ready just in case.

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That makes sense. They can't really argue I quit when they're the ones who told me not to come back.

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Exactly. They made the final decision about when your employment would end.

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Just apply and see what happens. The worst they can do is deny it and then you can appeal if you disagree with their decision. But based on what you've described, I think you have a good case for benefits.

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True, nothing to lose by applying. Thanks for all the encouragement everyone!

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The appeals process isn't too bad either if it comes to that, though hopefully you won't need it.

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I had almost the exact same thing happen to me in 2024. Gave my notice, they said don't bother coming back, I filed for unemployment and was approved within about 3 weeks. The key was being clear that I intended to work my full notice period but wasn't allowed to by the employer.

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Perfect! That's exactly what I needed to hear. I'll make sure to emphasize that point in my application.

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Three weeks for approval is pretty good timing too. I was expecting it to take longer.

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Don't overthink it. File your claim, be honest about what happened, and you should be fine. This type of situation comes up all the time and Washington ESD has clear guidance on how to handle it. You were terminated, plain and simple.

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You're right, I'm probably overthinking it. I'll file the claim this week and see what happens.

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Better to file sooner rather than later since there can be waiting periods involved.

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If you do run into any issues or need to speak with someone at Washington ESD about your specific situation, that Claimyr service people mentioned earlier really does work. I was stuck in adjudication limbo for weeks and they helped me get through to an agent who resolved my issue the same day. Worth checking out their demo video if the regular phone system gives you trouble.

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I'll definitely keep that in mind if I need to contact ESD about anything. Sounds like their phone system is pretty challenging.

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The hold times are insane and you get disconnected constantly. Any service that can get around that is probably worth it.

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Bottom line - you were ready, willing, and able to work but your employer chose to terminate you instead. That's textbook involuntary separation in Washington State. File your claim with confidence and don't let anyone tell you otherwise.

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Thanks for the confidence boost! I really appreciate everyone taking the time to share their experiences and advice.

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This thread has been really helpful. I didn't know about this situation before but good to know for the future.

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One more thing - make sure you start your job search activities right away since Washington ESD requires that you be actively looking for work to maintain eligibility. Don't wait until after you're approved to start applying for jobs.

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Good reminder! I was planning to take a few days to decompress but you're right, I should start looking immediately.

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Yeah the job search requirements are pretty strict. Better to have more applications than you need than not enough.

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Good luck with your claim! Based on everything you've described and all the similar experiences people have shared here, I think you'll be approved without any major issues. Just be patient with the process and make sure you keep filing your weekly claims even while it's under review.

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Thank you so much! This thread has been incredibly helpful and reassuring. I feel much better about the whole situation now.

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Ava Kim

Yeah don't forget about the weekly claims - I made that mistake once and it delayed my benefits.

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