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Andre Moreau

Can you collect unemployment for being fired in Washington state?

My supervisor terminated me last Friday for what they called 'performance issues' but I think it was really because I questioned some of their accounting practices. I've been with the company for almost 3 years and never had any write-ups until this month. Can I still file for Washington ESD unemployment benefits even though I was fired? I'm worried they'll deny my claim since it wasn't a layoff. Has anyone successfully gotten UI after being terminated?

Yes, you can absolutely collect unemployment if you were fired, but it depends on the reason. Washington ESD looks at whether it was 'misconduct' or not. Poor performance usually isn't considered misconduct unless it was willful. You should definitely file your claim right away since there's a waiting period.

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That's good to know! What exactly counts as misconduct? I was never warned that my job was in jeopardy.

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Misconduct is things like stealing, violence, being drunk at work, or deliberately violating company policy. Performance issues or disagreeing with management usually doesn't qualify as misconduct.

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File immediately! Even if your employer contests it, you have the right to appeal. I was fired for 'attitude problems' last year and still got approved after providing my side of the story during the adjudication process.

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How long did the adjudication take? I'm worried about paying rent while this gets sorted out.

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Mine took about 6 weeks, but if you're approved you get back pay for all those weeks. The key is filing right away so your claim date starts immediately.

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I tried calling Washington ESD to ask about this same situation but could never get through to anyone. The phone system is impossible. Has anyone found a better way to actually talk to someone there?

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I found this service called Claimyr that helps you get through to Washington ESD agents. They basically handle the calling for you since the lines are always busy. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that but I'm desperate at this point. The hold times are ridiculous.

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Is it legit? I don't want to get scammed while I'm already stressed about money.

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Yeah it's legitimate. They don't ask for personal info upfront and you only pay if they actually connect you. Way better than wasting hours on hold.

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ALWAYS file even if you think you might get denied!!! The worst they can say is no, but you might be surprised. I got fired for being late too many times and still got benefits because my employer couldn't prove it was willful misconduct.

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That makes me feel better. I really think they fired me unfairly but wasn't sure if that mattered to Washington ESD.

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Being fired unfairly and being eligible for UI are two different things though. The state only cares if it was misconduct, not if it was fair.

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Same thing happened to my brother - fired for 'performance' after 4 years with no issues. He got approved but his employer appealed and they had to do a phone hearing. He still won because they couldn't prove misconduct.

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How did the phone hearing go? That sounds intimidating.

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He said it was pretty straightforward. Just had to explain his side and answer questions. Having documentation helped a lot.

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I wish I had kept better records of what happened. I do have some emails though.

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Start documenting everything you remember NOW while it's fresh. Write down dates, who was present, what was said. If this goes to adjudication or appeal, details matter.

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Good advice, I'll start writing everything down tonight. Thank you!

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Whatever you do, don't quit another job to avoid getting fired if this happens again. I made that mistake and it hurt my claim because quitting is usually worse than being fired when it comes to UI eligibility.

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I didn't know that! Good to keep in mind for the future, though hopefully this doesn't happen again.

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Right, quitting is usually disqualifying unless you have good cause like unsafe working conditions or harassment.

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File online at esd.wa.gov as soon as possible. Don't wait thinking about it - your benefit year starts when you file, not when you were fired.

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I'll do it tonight. Thanks for the website reminder.

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Update: I tried that Claimyr thing and actually got through to someone at Washington ESD today! They were able to check my claim status and explain the adjudication process. Definitely worth it if you need to talk to someone quickly.

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That's great to hear! How long did it take them to connect you?

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They called me back within a few hours and had me connected to an actual Washington ESD rep within about 10 minutes. Way better than trying to call myself.

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Been through this twice unfortunately. First time I was denied initially but won on appeal. Second time I was approved right away. It really depends on how your employer reports the termination reason.

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What did your employer say the first time that got you denied?

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They claimed I violated company policy, but during the appeal I showed that other employees did the same thing with no consequences. Proved it wasn't applied consistently.

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just file already! ur overthinking this. worst case scenario u get denied and then u appeal. best case u get money while looking for work

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You're right, I need to just do it. Thanks for the push!

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One more thing - make sure you're actively looking for work and documenting your job search activities. Washington ESD requires this even during adjudication periods. You'll need to show at least 3 job search activities per week.

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I've already started applying places. Do I need to keep a log or something?

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Yes, keep detailed records of where you applied, when, and what type of contact you made. You can track this in your eServices account or keep your own log.

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The system is so messed up. I got fired for missing work when my kid was sick and they still made me jump through hoops for weeks. But I eventually got approved so don't give up.

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That's frustrating but good to know it worked out in the end.

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Missing work for sick family members is usually protected under FMLA or state sick leave laws. You might have had a wrongful termination case.

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File your weekly claims even if your initial claim is still being adjudicated. You won't get paid until it's approved, but you need to maintain your claim to get back pay for those weeks.

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Good point, I wouldn't have thought of that. How often do you file weekly claims?

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Every week, usually on Sunday. You can do it online through your eServices account. Don't skip weeks or you might lose eligibility for those periods.

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I'm going through something similar right now. Filed 3 weeks ago and still in adjudication. It's nerve-wracking but everyone here is right that you should file immediately regardless of the circumstances.

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Hope yours gets resolved soon! This waiting period is really stressful.

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If you need to check on your adjudication status, Claimyr can help you get through to ask about timeline. Sometimes they can tell you what additional info they need to speed things up.

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whatever u do dont lie on ur application about why u were fired. they will find out and then u could get in trouble for fraud. just be honest and let them decide

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Definitely planning to be completely honest. Not worth the risk of making things worse.

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Final advice: Washington ESD has improved their online systems a lot recently. You can file your claim, submit documents, and check status all through eServices. Much better than trying to do everything by phone.

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Perfect, I'll get started with the online filing tonight. Thank you everyone for all the helpful advice!

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Good luck! Remember that being fired doesn't automatically disqualify you. The burden is on your employer to prove misconduct, not on you to prove your innocence.

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That's reassuring to know. Feeling much more confident about filing now.

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Just want to echo what others said about Claimyr - used them last month when I couldn't get through about my overpayment issue. Really helpful for actually reaching a human at Washington ESD when you need answers quickly.

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Seems like a lot of people have had success with that service. Good to know it's an option if I need it.

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