Can you collect Washington ESD unemployment if you get fired for a DUI - need advice

This is tricky territory. Washington ESD looks at whether the DUI was directly related to his job duties. If driving was an essential function and he can no longer perform it due to license suspension, that could be considered misconduct connected to work. But if it was just a general company policy violation, it might not disqualify him from UI benefits.

definitely file anyway, worst case they deny it and you appeal. I know someone who got fired for attendance issues and still got approved after appeal

I went through something similar last year when I couldn't reach Washington ESD to get answers about my disqualification. Kept getting busy signals and hung up on. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent who could explain my situation. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me weeks of trying to call on my own.

The key question is whether Washington ESD considers this willful misconduct. A DUI itself isn't automatically disqualifying unless it directly prevents him from doing his job. Since his job required driving and he lost his license, that's probably going to be a problem.

OMG this is my worst nightmare! I have a CDL and if I ever got a DUI I'd be screwed. Your cousin should definitely talk to a lawyer about the criminal case too, that might affect the unemployment decision.

He should file his claim immediately and be completely honest about the circumstances. Washington ESD will investigate and make a determination. If he's denied, he can appeal within 30 days. The appeal process gives him a chance to present his case to a judge.

This happened to my brother in law. He got fired for a DUI and Washington ESD denied his claim saying it was misconduct. He didn't appeal though so maybe that was a mistake.

washington esd is so inconsistent with these decisions. I've seen people get approved for way worse stuff

If he does get denied and wants to appeal, that Claimyr service I mentioned earlier really helped me understand the process. Got connected to an agent who walked me through exactly what I needed to do for my appeal hearing.

Another factor to consider is whether the company had a clear policy about DUIs that he was aware of. If they had a written policy that employees with driving duties can't have DUIs, that strengthens their case for termination being justified.

Just file and see what happens. I got denied for something I thought would definitely disqualify me but then got approved on appeal. You never know until you try.

The timing might matter too. If he already had the DUI when they hired him that would be different than getting one while employed. Also whether this was his first offense or if he has a pattern of issues.

I work in HR and see this situation sometimes. Usually if driving is essential to the job and they lose their license, we have to terminate. It's not personal, we literally can't have them do half their job duties anymore.

Has he looked into whether the company could have accommodated him somehow? Like putting him on non-driving duties temporarily while his license is suspended?

DUI laws are so harsh now. I know someone who got fired just for getting arrested even before they were convicted of anything.

Whatever happens with the initial claim, if he needs to talk to Washington ESD about his case, I'd definitely recommend using Claimyr to get through. Saved me so much frustration compared to trying to call normally.

bottom line just file the claim and be honest about everything. let washington esd sort it out, that's what they're there for

One last thing - if he does get denied, make sure he appeals within the 30-day deadline. That deadline is strict and if you miss it, you lose the right to appeal entirely.

Hope it works out for your cousin. This kind of situation is really tough, especially when it affects your whole livelihood.

Make sure he starts looking for other work right away too, even if he gets approved for unemployment. The job search requirements are pretty strict these days.

This is such a difficult situation, and I really feel for your cousin. From what I've read here, it sounds like the driving requirement is going to be the main issue Washington ESD will focus on. Even though the DUI happened on personal time, the fact that it directly impacts his ability to perform essential job duties (driving company vehicles) will likely be seen as work-connected misconduct. That said, definitely file the claim anyway - every case is unique and you never know how they'll interpret the specific circumstances. The worst that can happen is a denial, which can then be appealed. Make sure he's completely honest on the application and keeps all documentation from his termination. If he does get denied and needs help navigating the appeal process, it sounds like there are resources available to help get through to actual ESD representatives. Wishing him the best of luck with this whole mess.