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Mae Bennett

Can you collect unemployment if fired from your job in Washington?

I got terminated from my retail job last week and I'm wondering if I can even apply for unemployment benefits through Washington ESD. My manager said it was due to 'performance issues' but I feel like they were just looking for reasons to let me go. I've been working there for almost 2 years with no major problems until recently when we got a new district manager. Does being fired automatically disqualify you from getting unemployment in Washington state? I really need the income while I look for another job.

You can definitely apply for unemployment even if you were fired. Washington ESD looks at whether the termination was for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or deliberate. I'd recommend filing your claim right away since there's a waiting period.

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That's reassuring to hear. What exactly counts as misconduct in Washington's definition?

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Misconduct has to be willful - like stealing, fighting, or deliberately violating company policy. Poor performance or inability to meet standards isn't usually misconduct.

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same thing happened to me got fired for being late too many times but still got approved for UI benefits took about 3 weeks though

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How many times were you late? I was only written up once for attendance.

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probably like 8-10 times over 6 months but they said it wasnt misconduct since i wasnt trying to be late on purpose

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File your claim immediately through the Washington ESD website. Even if your employer contests it, you have the right to an adjudication hearing. Make sure you document everything about your termination - save any emails, write down conversations, keep your employee handbook. The burden is on your employer to prove misconduct, not on you to prove you deserve benefits.

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Should I mention the new district manager situation when I file? It feels relevant but I don't want to sound like I'm making excuses.

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Absolutely mention it. Context matters in these cases. If there was a pattern of targeting employees after management changes, that's important information for Washington ESD to consider.

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I had trouble reaching Washington ESD when my claim got flagged for review after being fired. Spent hours calling and either got busy signals or got disconnected. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual person at Washington ESD. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Made the whole process so much easier when I needed to explain my situation.

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How much does something like that cost? I'm already tight on money.

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It was worth it for me since I was getting nowhere with regular calling. Much better than spending all day trying to get through on my own.

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Never heard of that but anything's better than sitting on hold for hours just to get hung up on.

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The Washington ESD system is SO broken. They make it impossible to reach anyone and then deny claims for ridiculous reasons. I got fired for 'attitude problems' which is completely subjective but they still made me jump through hoops to prove I deserved benefits.

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Did you eventually get approved?

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Yeah but it took 6 weeks and an appeal. The whole system is designed to discourage people from claiming what they're entitled to.

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Here's what you need to know about Washington unemployment after being fired: 1) File immediately - benefits start from when you file, not when you were terminated. 2) Be honest about the reason for termination. 3) If it goes to adjudication, participate fully in any fact-finding interviews. 4) Keep documenting your job search even while the claim is pending.

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What's adjudication exactly? I keep seeing that term mentioned.

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It's when Washington ESD needs to investigate your claim because there's a question about eligibility. They'll contact you and your employer to get the facts before making a decision.

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adjudication can take forever though mine took like 2 months

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The key factors Washington ESD considers for fired employees: Was the act that led to termination deliberate? Did you know it could result in firing? Was it a single incident or pattern? Did you have control over the situation? Performance issues due to lack of skill or ability typically don't disqualify you from benefits.

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This helps a lot. It sounds like my situation should qualify since it was performance-related, not behavioral.

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dont count on it though my friend got denied for performance issues and had to appeal

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file online its way easier than calling and you get confirmation that you submitted it properly

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Is the online system pretty straightforward? I've never filed for unemployment before.

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yeah just have your employment info ready like dates wages etc takes maybe 30 minutes

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Just want to add that if your claim does get contested and you need to speak with someone at Washington ESD, Claimyr really saved me time and frustration. I tried for days to get through on my own before using their service. Sometimes you just need to talk to an actual person to explain your situation properly.

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Did they help you prepare for the call or just get you connected?

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They handle getting you connected to the right department. Once you're talking to Washington ESD, it's your conversation.

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been fired twice and got unemployment both times first one was for attendance second was for not meeting sales goals neither one was considered misconduct by washington esd

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That's encouraging to hear. How long did the process take each time?

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first time was quick like 2 weeks second time took longer because employer fought it but i still won

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Make sure you understand the difference between being fired 'for cause' vs 'without cause.' Even if they say performance issues, that's usually not 'for cause' in the legal sense that would disqualify you from unemployment benefits.

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How do I know which category my termination falls under?

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Look at your termination paperwork. If they mention policy violations or misconduct, that's 'for cause.' Performance issues are typically 'without cause.

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Just remember that your employer will probably contest your claim regardless. That's standard procedure for most companies now. Don't let that discourage you from filing - contest doesn't mean automatic denial.

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Why would they contest it if they know I wasn't fired for misconduct?

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Because it affects their unemployment insurance rates. More claims = higher premiums for the employer.

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Exactly. My old company contested every single unemployment claim as a matter of policy.

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Don't forget that you need to be able and available for work while collecting benefits. That means actively job searching and able to start work immediately if offered a suitable position. Keep detailed records of your job search activities.

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How many jobs do I need to apply to each week in Washington?

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You need to make at least 3 job search activities per week and keep a log of them. Applications, interviews, networking events all count.

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good luck with washington esd system its a nightmare but you deserve benefits if you paid into it

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Thanks, I'm hoping for the best but preparing for it to be complicated.

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Final advice: File your claim this week, be completely honest about the termination circumstances, save all documentation, and don't be discouraged if it goes to adjudication. Most termination-related claims that aren't for actual misconduct do get approved, it just sometimes takes time for Washington ESD to sort through the details.

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Thank you everyone for all the helpful information. I'm going to file my claim tomorrow morning and see what happens.

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Good luck! Remember that you have rights in this process and don't let anyone tell you otherwise.

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UPDATE: Just wanted to share that I used that Claimyr service someone mentioned earlier when I needed to talk to Washington ESD about my contested claim. Got connected within an hour instead of spending days trying to call. Really made a difference in getting my situation resolved quickly.

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That's great to hear a success story. I'll keep that in mind if I run into issues with my claim.

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Might be worth it just to avoid the calling hassle. Washington ESD phone system is the worst.

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honestly just file and dont overthink it worst case they say no and you appeal most people who get fired for performance stuff do get approved eventually

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You're right, I'm probably worrying too much about it. I'll just file the claim and deal with whatever comes next.

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Remember to file your weekly claims even while your initial claim is being reviewed. If you get approved, you'll get back pay for those weeks, but only if you filed the weekly claims during that time.

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Good point, I hadn't thought about that. I'll make sure to do the weekly filings regardless.

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Exactly. Better to file them and not need them than to miss out on weeks of benefits because you didn't file.

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one more thing if you do get denied dont give up the appeal process actually works if you have a legitimate case like yours sounds like it is

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How long does the appeal process typically take in Washington?

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took me about 6 weeks total but that was during covid probably faster now

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Best of luck with your claim! Being fired doesn't automatically disqualify you, especially for performance issues. The system is designed to help people who lose their jobs through no fault of their own, which sounds like your situation.

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Thanks for all the encouragement everyone. This community has been really helpful in understanding my options.

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