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Anastasia Kozlov

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

I just got terminated from my retail job yesterday for what they called 'poor performance' but honestly I think it was because I complained about scheduling issues. My manager never gave me any written warnings or performance improvement plans, just called me into the office and said they were letting me go. Can I still file for unemployment benefits with Washington ESD or does getting fired automatically disqualify you? I've been working there for 8 months and this is my first time dealing with unemployment. Really stressed about how I'm going to pay rent next month.

Getting fired doesn't automatically disqualify you from unemployment benefits. Washington ESD looks at whether you were terminated for 'misconduct' which has a specific legal definition. Poor performance usually isn't considered misconduct unless it was willful or intentional. You should definitely file a claim and let Washington ESD make the determination.

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Thanks! So should I file online right away or wait to see if they contest it?

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File immediately. Don't wait. The sooner you file, the sooner your claim can be processed. If your employer contests it, you'll have a chance to explain your side during the adjudication process.

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I got fired last year for attendance issues and still got approved for benefits. The key is that Washington ESD has to determine if what you did rises to the level of misconduct. Missing work occasionally isn't misconduct, but if you were like constantly no-showing without calling in, that might be different.

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That's encouraging. I never had attendance problems, it was just performance stuff that I honestly think was unfair.

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Yeah performance issues are usually not considered misconduct unless you were like deliberately doing bad work or refusing to follow instructions.

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You need to be really careful about how you answer the questions when you file your initial claim. Washington ESD will ask why you're no longer working and you need to be honest but also not hurt your case. Don't volunteer information that makes it sound like you did something wrong.

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This is good advice. I made the mistake of over-explaining on my initial application and it caused problems later.

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What should I say then? Just that I was terminated for performance reasons?

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Keep it factual and brief. 'Terminated by employer' is usually sufficient. They'll get more details during adjudication if needed.

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If you're having trouble getting through to Washington ESD to check on your claim status or if it goes into adjudication, I found this service called Claimyr that helps you actually reach an agent. They've got a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling and getting hung up on.

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Never heard of that before. Is it legit? I'm worried about scams.

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Yeah it's legitimate. They basically just call for you and get you connected to an actual person at Washington ESD. I was skeptical too but it worked when I couldn't get through on my own.

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I've heard of Claimyr too. Some people in my workplace used it when their claims got stuck in adjudication limbo.

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The whole system is messed up honestly. They make it so hard to figure out if you qualify and then even if you do qualify, good luck actually getting someone on the phone to help you with problems. I've been fighting with Washington ESD for months over an overpayment notice that I think is wrong.

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I feel you on this. The phone system is basically designed to make you give up.

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The system has issues but don't let that discourage you from filing. Most claims get approved without major problems.

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I got fired about 6 months ago and was approved for benefits. My employer tried to fight it saying I was terminated for cause but I appealed and won. The hearing officer said that what they claimed was misconduct was really just a disagreement about job expectations. Don't give up if they initially deny you.

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How long did the whole appeal process take? I'm worried about going without income for too long.

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The appeal hearing was scheduled about 3 weeks out, but once I won the appeal they paid me retroactively for all the weeks I had claimed. So you don't lose the money, it just comes later.

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Make sure you save any documentation from your employer about the termination. Even if they didn't give you written warnings, if you have any emails or text messages that show the real reason you were fired, that could help your case.

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Good point. I do have some text messages where my supervisor was being unreasonable about the schedule changes.

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Keep those! If it goes to a hearing, any evidence that shows the termination wasn't for legitimate misconduct will help.

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One thing to know is that even if you get approved, your former employer might still contest individual weekly claims. So make sure you're honest on every weekly certification about any work you do or income you receive.

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I haven't started looking for work yet since this just happened yesterday. How soon do I need to start the job search requirements?

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You need to be actively seeking work starting with your first week of benefits. Washington ESD requires job search activities every week you claim benefits.

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The job search requirement is 3 job search activities per week, and you need to keep a log of what you did. Don't skip this or you could lose benefits.

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i got fired from mcdonalds for being late too many times but still got unemployment so you should be fine if it was just performance stuff

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That's reassuring, thanks!

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The most important thing is to file your claim as soon as possible. There's a waiting period anyway so the sooner you get the process started, the sooner you might start receiving benefits. And remember that even if your claim goes into adjudication, that doesn't mean you'll be denied.

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What exactly is adjudication? I keep seeing that term but don't really understand what it means.

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Adjudication is when Washington ESD needs to investigate your claim further before making a decision. It happens when there are questions about your eligibility, like if your employer contests the claim.

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During adjudication, they might contact you and your employer to get more information about the circumstances of your termination. It can take a few weeks but try to be patient.

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Just remember if your claim does get stuck in adjudication and you can't reach anyone at Washington ESD, that Claimyr service I mentioned earlier really does work. I was about to lose my mind trying to get through on my own.

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How much does something like that cost though?

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It's worth it compared to spending hours on hold every day. Check out their site for details but it was way less stressful than doing it myself.

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Don't let them intimidate you. Employers sometimes contest claims even when they know the person should qualify, just to try to keep their unemployment tax rates down. Stand up for yourself and provide any evidence you have.

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That makes sense. My company was always complaining about costs so they probably would try to contest it.

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I was in a similar situation last year. Got fired for 'attitude problems' which was really just me questioning some unsafe practices at work. Filed for unemployment and got approved after about 2 weeks. The key is being honest but not admitting to any intentional wrongdoing.

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That sounds a lot like my situation. Glad it worked out for you.

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Yeah, just stick to the facts and don't let them make you feel guilty for filing. You paid into the system through your paychecks, you have a right to benefits if you qualify.

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File online at secure.esd.wa.gov as soon as you can. The application isn't that complicated but make sure you have your Social Security number, employment history for the last 18 months, and your bank account info if you want direct deposit.

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Thanks for the website link! I'll get started on that today.

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One more tip - if you do get a phone interview as part of the adjudication process, be prepared but don't overthink it. Answer their questions directly and don't volunteer extra information that might hurt your case. They're trying to determine if you committed misconduct, not whether you were a perfect employee.

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Good to know. I tend to ramble when I'm nervous so I'll try to keep my answers short and to the point.

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Practice what you're going to say beforehand. Write down the key points about why you think the termination wasn't for misconduct.

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Been dealing with Washington ESD for years and the bottom line is that most people who get fired for performance reasons do qualify for benefits. Misconduct has a pretty high bar - it has to be willful or deliberate violation of company policy.

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That's what I was hoping to hear. I definitely wasn't trying to do bad work, I just think we had different ideas about what good performance looked like.

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Whatever you do, don't delay filing. Even if you're not sure you qualify, let Washington ESD make that determination. The worst thing that can happen is they say no, but if you don't file at all you definitely won't get benefits.

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You're right, I have nothing to lose by trying. Thanks everyone for all the helpful advice!

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Good luck with your claim! Most people in your situation do get approved, it just might take a few weeks if your employer contests it. Don't give up and make sure to keep filing your weekly claims even if the initial decision is pending.

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Thanks! I feel much more confident about the process now.

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That's the right attitude. The system works, it just takes patience sometimes.

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Just wanted to add that if you need help getting through to Washington ESD later on, there are services like Claimyr that can help you reach an actual person instead of sitting on hold forever. Really saved me when I had issues with my claim.

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Several people have mentioned that service now. I'll keep it in mind if I run into problems getting through to them.

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