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AstroAce

Can you collect Washington ESD unemployment when fired - need help with eligibility

I got terminated from my job last week and I'm not sure if I can file for unemployment benefits. My manager said it was due to performance issues but I feel like they were looking for reasons to let me go. I've been working there for 2 years and never had any formal write-ups. Can I still apply for Washington ESD benefits if I was fired? What should I put on the application?

Yes, you can still collect unemployment even if you were fired, but it depends on the reason. If it was for performance issues and not misconduct, you should be eligible. The key is whether it was for 'misconduct' or just poor performance - there's a big difference in Washington ESD's eyes.

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That's good to know. How do I know if what they fired me for counts as misconduct? They said I wasn't meeting targets but I was never formally disciplined.

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Generally, misconduct means willful or deliberate violations of company policy. Not meeting performance standards usually isn't misconduct unless you were deliberately not doing your job.

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i got fired 3 months ago for being late too much and still got approved for UI benefits. just be honest on your application and let washington esd decide

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Did your employer fight it or try to appeal?

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they tried but my claim went through adjudication and i won. took like 3 weeks though

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When you file your claim, be completely honest about the circumstances. Washington ESD will contact your employer to get their side of the story. If there's a dispute, your claim will go into adjudication where they'll review all the evidence and make a determination. The good news is that the burden of proof is on the employer to show it was misconduct.

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How long does adjudication usually take? I need to know if I should look for other income sources in the meantime.

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It varies, but typically 2-6 weeks. You won't receive benefits during adjudication, so definitely look into other options if you need immediate income.

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I had a similar situation and couldn't get through to Washington ESD to check on my claim status. Ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo that explains how it works: https://youtu.be/7DieNd3C7zQ. Really helped when I was stuck in adjudication hell.

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Never heard of that before. Did it actually work? How much does it cost?

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Yeah it worked great for me. I don't remember the exact cost but it was worth it to actually talk to someone instead of calling for hours and getting nowhere.

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The system is SO broken. I've been calling Washington ESD for weeks and can never get through. The automated system just hangs up on you. How are people supposed to get help with their claims?

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Try calling right when they open at 8am. That's usually when you have the best chance of getting through.

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even then its like playing the lottery. spent 4 hours on hold last week just to get disconnected

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Make sure you file your claim as soon as possible. There's no waiting period to file, and you want to get the process started even if your employer might contest it. Don't let fear of a potential fight stop you from applying.

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Should I mention that I think they were targeting me specifically? Or just stick to the facts about performance?

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Stick to the facts. Focus on what actually happened rather than speculating about motives. Let the adjudicator decide based on the evidence.

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this whole thing is ridiculous. why should someone who got FIRED get unemployment? that's what unemployment is for - people who lose their jobs through no fault of their own

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Actually, unemployment insurance is designed to help people who lose their jobs for reasons beyond their control, which includes being fired for performance issues. It's only misconduct that disqualifies you.

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I've been paying into the system for years through my taxes. I should have the right to use it when I need it.

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Update: I went ahead and filed my claim online. The process was pretty straightforward. Now I'm just waiting to see if my employer contests it. Fingers crossed it goes smoothly.

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Good for you! Make sure to keep filing your weekly claims even if your employer contests it. You can always appeal if they deny your claim.

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yeah dont skip the weekly claims or you'll lose out on benefits later

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I got fired for performance issues last year and it took forever to get my case resolved. Employer fought it hard but eventually I won on appeal. The key was showing that I was trying to improve and that they never gave me proper training or support.

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That's encouraging. Did you have to go to a hearing or was it just paperwork?

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Just paperwork initially, but when they appealed I had to do a phone hearing. Wasn't as scary as I thought it would be.

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Make sure you understand the job search requirements once you start collecting. Washington ESD requires you to look for work and keep a log of your activities. Don't let that catch you off guard later.

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How many jobs do I need to apply for each week? I want to make sure I'm doing everything right.

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I believe it's 3 job search activities per week, but check the Washington ESD website for the most current requirements. They can change.

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whatever you do dont lie on your application. they WILL find out and then you'll owe money back plus penalties

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This is so important. I know someone who had to pay back thousands because they weren't completely honest about why they were terminated.

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Getting fired doesn't automatically disqualify you, but be prepared for the possibility that your claim might be delayed while they investigate. Washington ESD takes these cases seriously and they'll want to hear from both you and your employer.

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How long should I expect to wait for a decision if it goes to adjudication?

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In my experience, anywhere from 2-8 weeks depending on how complex the case is and how backed up they are.

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The good news is that most terminations for performance issues end up getting approved for benefits. Employers have to prove it was deliberate misconduct, which is harder than you might think.

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That makes me feel a bit better. I was worried I'd automatically be denied since I was fired.

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Just wanted to follow up on the Claimyr thing I mentioned earlier - if you do end up needing to talk to Washington ESD about your claim status or adjudication, it's been a lifesaver for actually getting through to someone. Way better than spending hours trying to call.

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I might need to look into that. I've been trying to reach them for days about my own claim.

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Anything has to be better than their regular phone system. That thing is a nightmare.

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Don't forget to save all your documentation from your job - performance reviews, emails, anything that might be relevant to your case. You never know what might be useful if there's a dispute.

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Good point. I still have access to my work email for a few more days so I should download anything important.

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been there done that. got fired for attendance issues and still got my benefits after adjudication. just tell the truth and let washington esd sort it out

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Thanks for sharing. It's reassuring to hear from people who've been through this successfully.

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One more thing - make sure you file your weekly claims on time every week, even while your initial claim is being reviewed. Missing those deadlines can cause problems later even if your claim gets approved.

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When do the weekly claims need to be filed? Is there a specific day of the week?

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You can file them starting Sunday for the previous week, and they're due by the following Saturday. Most people file on Sundays to stay on schedule.

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The whole process is stressful but it usually works out if you were legitimately fired for performance and not misconduct. Washington ESD is generally fair about these things.

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That's what I'm hoping for. I just want to get through this and move on to finding a new job.

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Pro tip: if your employer does contest your claim, you'll get a chance to respond and provide your side of the story. Take that opportunity seriously and provide as much detail as possible.

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I'll definitely do that if it comes up. I want to make sure they have all the facts.

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Had to use Claimyr last month when I couldn't get through to Washington ESD about my adjudication status. Worth every penny to actually talk to a real person who could tell me what was going on with my claim.

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How quickly were you able to get through to someone using their service?

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Pretty fast, like within an hour. Way better than the days I spent trying to call on my own.

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