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Ellie Simpson

Can you collect unemployment if you are fired - Washington ESD eligibility question

Got terminated from my warehouse job last Friday and I'm not sure if I can even apply for unemployment benefits through Washington ESD. My supervisor said I was let go for "performance issues" but honestly I think it was just because they're cutting costs. I've been working there for almost 2 years with no major problems until the last month when they started nitpicking everything. Does being fired automatically disqualify you from UI benefits in Washington? I really need to know before I waste time filing a claim.

You can definitely apply for unemployment even if you were fired! Washington ESD doesn't automatically disqualify you just because you were terminated. The key question is whether you were fired for 'misconduct connected with work.' Performance issues usually don't count as misconduct unless they involve willful violations of company policy.

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That's a relief to hear! What exactly counts as misconduct then? I was never written up or anything formal.

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Misconduct typically means things like stealing, fighting, showing up drunk, or deliberately violating clear company rules. Poor performance or honest mistakes usually don't qualify as misconduct under Washington ESD rules.

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Yes, you can definitely collect unemployment if you were fired in most cases. Washington ESD distinguishes between being fired for misconduct vs. being fired for performance or other non-misconduct reasons. If it was truly performance-related and not willful misconduct, you should be eligible for benefits.

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That's a relief to hear. How do I know if what I did counts as misconduct or just poor performance?

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Misconduct usually involves things like theft, violence, repeated policy violations after warnings, or intentional rule breaking. Poor performance, inability to meet standards, or personality conflicts typically don't count as misconduct.

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You should file your claim right away even if you're not sure about eligibility. Washington ESD will investigate and make the determination. When you file, be honest about the reason for separation but focus on the facts. Don't admit to any wrongdoing if you don't believe you did anything wrong.

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Should I wait to file until I have all my paperwork together or file immediately?

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File immediately. Your benefit year starts when you file, not when you were terminated. You can always provide additional documentation later if needed.

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Yes, you can absolutely apply for unemployment benefits even if you were fired! Being terminated doesn't automatically disqualify you from Washington ESD benefits. The key question is whether you were fired for 'misconduct' or not. Performance issues generally don't count as misconduct unless there was willful negligence or deliberate violations of company policy.

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That's a relief to hear. So questioning safety issues definitely wouldn't be misconduct right? I was just trying to protect myself and coworkers.

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Absolutely not misconduct - advocating for workplace safety is actually protected in most cases. You should definitely file your claim.

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You can definitely still qualify for unemployment even if you were fired, as long as it wasn't for misconduct. Performance issues usually don't count as misconduct under Washington ESD rules. The key is whether you were fired for something deliberate and work-related that violated company policy, or just because you couldn't meet their standards.

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That's a relief to hear. They never wrote me up formally or anything, just kept saying I was "too slow" compared to other workers.

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Exactly right. Washington ESD looks at whether it was willful misconduct vs just not being a good fit for the job.

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File your claim ASAP regardless. Washington ESD will investigate and make the determination about whether you're eligible. Even if your employer contests it, you might still win. I was fired for "attitude problems" and still got approved after they did their investigation.

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How long did the investigation take? I'm worried about not having income while they decide.

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Mine took about 3 weeks but I got backpay for those weeks once approved. Just make sure you keep filing your weekly claims even during adjudication.

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File your claim ASAP! Even if your employer contests it, you should still apply right away. Washington ESD will investigate and make a determination. If they fired you for performance reasons without progressive discipline, you'll likely qualify for benefits.

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How long does the investigation usually take? I'm worried about waiting weeks without income.

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Initial claims usually process within 1-2 weeks if there are no issues. If your employer contests it, there might be an adjudication process that can take 3-4 weeks.

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This is exactly why I used Claimyr when I got fired last year. Couldn't get through to Washington ESD to ask questions like this and was stressing about whether to even file. Their service connected me to an actual ESD agent who explained the whole misconduct vs performance thing over the phone. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works.

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Never heard of that service before. Does it actually work for getting through to Washington ESD?

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Yeah it worked great for me. Way better than sitting on hold for hours just to get disconnected.

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Interesting, might have to try that if I can't get answers through the normal channels.

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I was in a similar situation last year - got fired for 'attitude problems' which was basically my supervisor not liking me. I was stressed about calling Washington ESD because their phone lines are always busy, but I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Really saved me hours of redialing!

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Did you end up qualifying for benefits even though you were fired?

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Yes! The adjudicator determined that personality conflicts and subjective 'attitude' issues don't constitute misconduct. Got approved after about 3 weeks of investigation.

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Never heard of that Claimyr thing but anything that helps get through to Washington ESD sounds worth trying. Their phone system is brutal.

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I had a similar situation last year and had trouble getting through to Washington ESD to check on my claim status. If you run into issues reaching them by phone, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me hours of calling.

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

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I think it's worth it when you consider how much time you'd spend trying to get through otherwise. Plus if they help you resolve issues faster, you get your benefits sooner.

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DOCUMENT EVERYTHING! Save any emails, performance reviews, text messages about the unsafe conditions you reported. If this goes to adjudication or appeal, you'll need proof that the firing was retaliatory rather than for legitimate misconduct.

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I do have emails about the safety issues I reported to HR. Should I submit those with my initial claim?

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Yes, include anything that shows the timeline of your safety complaints versus when you were fired. That could really help your case if they try to contest your claim.

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been fired twice and collected both times no problem. washington esd doesnt really care unless you stole something or got arrested at work lol

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That's not entirely accurate. There are definitely cases where people get denied for misconduct that isn't theft or arrest-related.

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maybe but ive never seen it happen to anyone i know

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ugh the whole system is so confusing!!! I got fired 6 months ago and STILL don't understand why some people get approved and others don't. seems totally random to me. but yeah definitely file anyway because you never know

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It's not random - there are specific rules Washington ESD follows. The problem is they don't always explain their decisions clearly.

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well it FEELS random when you're going through it lol

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I was in a similar situation last year. Got fired for 'attitude problems' but it was really because I complained about overtime violations. Washington ESD approved my claim after about 3 weeks of adjudication. The employer tried to fight it but I had documentation of the issues I raised.

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Did you have to provide a lot of evidence during the adjudication process?

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I submitted emails I sent to HR about the overtime issues and my termination letter. Keep any documentation you have about the safety concerns you raised.

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Just went through this exact situation with getting my Washington ESD claim approved after being fired. The phone lines are absolutely insane right now though - I must have called 200+ times over two weeks trying to get through to explain my situation. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real Washington ESD agent in like 20 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Game changer for actually talking to someone about your claim.

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Wow really? I was dreading having to call Washington ESD because everyone says it's impossible to get through.

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Yeah it was getting ridiculous. The Claimyr thing worked exactly like they showed in the video - no more sitting on hold for hours or getting disconnected.

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Is that legit? Sounds too good to be true for getting through to Washington ESD.

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The system is so confusing! I got fired 6 months ago and still don't understand half of what happened during my adjudication. They kept asking about 'willful misconduct' but never clearly explained what that meant in my situation.

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It's definitely confusing at first. 'Willful misconduct' basically means you deliberately did something wrong that you knew violated company policy. Being bad at your job isn't the same as willful misconduct.

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Wish they explained it that clearly during my hearing! I was so nervous I could barely speak.

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Performance firing ≠ automatic disqualification. I see this question every week and people always assume they can't get UI if they're fired. Washington ESD looks at WHY you were fired, not just that you were fired.

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That makes sense. So even if my boss says I wasn't meeting expectations, that's different from misconduct?

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Exactly. Unless you were deliberately not doing your job or violating clear rules, performance issues typically won't disqualify you from unemployment benefits.

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The key thing is how your employer reports the termination to Washington ESD. They'll send a separation notice that explains their version of events. You'll have a chance to respond if they claim it was misconduct. Make sure you keep any documentation about your performance reviews, emails, etc.

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I didn't get any written warnings or formal discipline. Does that help my case?

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Yes, that definitely helps. Lack of progressive discipline or warnings usually indicates it wasn't willful misconduct.

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I was terminated for 'insubordination' last month but it was really just me questioning unsafe practices. Still waiting on my adjudication decision. The waiting is killing me financially.

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How long have you been waiting? I'm scared this is going to drag on forever.

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5 weeks now. I tried using that Claimyr service someone mentioned earlier to check on my claim status - actually got through to a real person at Washington ESD for once. They said my case is still under review.

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The general rule in Washington is that you qualify unless you were fired for gross misconduct - things like theft, violence, showing up drunk, deliberately violating safety rules, etc. Performance issues, personality conflicts, or even minor policy violations usually don't disqualify you. Your employer has to prove misconduct, not just that they had a reason to fire you.

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That makes sense. Nothing I did was deliberate - I was just struggling to keep up with their productivity quotas.

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Same situation I was in. Filed anyway and got approved after a brief adjudication period.

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Don't let your employer intimidate you into not filing! Some employers will tell terminated employees they won't qualify for UI just to discourage them from applying. File anyway and let Washington ESD make the determination.

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My boss did mention something about how I 'probably won't get unemployment' when he fired me. Now I'm wondering if he was just trying to discourage me.

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Probably! Employers have to pay higher unemployment taxes when former employees collect benefits, so some try to discourage people from filing even when they're eligible.

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Quick tip - when you file your initial claim, be honest about being fired but don't elaborate too much in the online form. Just state the basic facts. You'll have a chance to explain your side during the adjudication process if your employer contests it.

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Should I mention the retaliation angle in my initial application or save that for later?

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I'd mention it briefly but save the detailed explanation and documentation for the adjudication interview if there is one.

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File your claim immediately! Don't wait thinking you're not eligible. Washington ESD will investigate and make the determination. Even if your employer contests it, you might still win. I've seen plenty of cases where people fired for 'performance' got approved because there was no actual misconduct involved.

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Should I mention the safety concerns I raised when I file the claim?

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Absolutely mention it in the reason for separation section. That context could actually help your case since it shows you were acting responsibly.

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Make sure you have your side of the story ready when you file. Washington ESD will contact both you and your employer to get details. Be honest about what happened but emphasize that you were trying your best and weren't deliberately violating any rules.

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Good point. Should I gather any documentation from my time there?

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Any performance reviews, emails, or documentation you have could help your case if they do an investigation.

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I'm going through this exact same thing right now! Filed my claim two weeks ago and it's still in adjudication. The waiting is killing me because I have rent due next week.

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How long have you been waiting? I'm worried about how long the process takes.

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Two weeks so far but I've heard it can take 4-6 weeks for adjudication if there's a question about the separation reason.

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The whole adjudication process is nerve-wracking but don't give up! I was fired for 'poor customer service' which was really just me not wanting to lie to customers about our defective products. Took 4 weeks but I eventually got approved.

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Did you have to do a phone interview during adjudication?

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Yes, they interviewed both me and my former employer separately. I just told the truth about what happened and provided my documentation. The adjudicator was actually pretty fair.

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Washington ESD's phone system is absolutely terrible but don't let that stop you from getting help if you need it. There are ways to get through if you're persistent or use services like that Claimyr thing people mentioned.

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I'm definitely going to need to talk to someone because this whole process seems overwhelming.

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It really is overwhelming at first, but once you understand the process it gets easier. The hardest part is just getting someone on the phone to explain things.

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If your claim goes into adjudication, don't panic. That's normal when there's any question about why you were separated. Washington ESD will contact both you and your employer to get the facts. Be responsive if they request information and always tell the truth.

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What happens if my employer doesn't respond to their requests?

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If the employer doesn't respond within the deadline, Washington ESD will make a decision based on the information they have, which usually favors the claimant.

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File immediately! Even if there's going to be an adjudication, you want to get your claim in the system as soon as possible. The effective date of your claim is when you file, not when it gets approved.

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Good point - I don't want to lose any potential benefit weeks while I'm figuring this out.

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got fired for being late too many times but honestly it was because my car kept breaking down and i couldnt afford to fix it. still got approved for unemployment because they said my transportation issues weren't misconduct

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That's encouraging! I was worried that any firing would automatically disqualify me.

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nope, they really do look at the specific circumstances. as long as you werent stealing or being violent or something crazy like that you probably have a good chance

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omg this is giving me anxiety just reading it... I'm so scared about getting fired from my job too. What if they make up some BS reason like performance when it's really retaliation? How do you even prove that to Washington ESD??

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Washington ESD investigators are pretty good at seeing through employer BS. They look at patterns - like if you had good reviews before raising concerns, that's evidence.

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That makes me feel a little better. I just worry they'll believe the employer over the employee you know?

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honestly the worst they can do is say no right? and if you don't file you definitely won't get anything. I always tell people to file first and ask questions later when it comes to unemployment

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True, I guess I have nothing to lose by trying.

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Exactly my philosophy too. Let Washington ESD make the decision instead of making it for them.

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One more thing to remember - if your employer does contest your claim and it goes to adjudication, don't panic. The adjudicator will look at all the facts from both sides. Being fired for performance or even policy violations doesn't automatically mean misconduct under Washington ESD rules.

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This has been incredibly helpful. I'm going to file my claim today and gather all my documentation about the safety complaints.

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Good luck! Remember that you have the right to appeal if the initial decision goes against you, so don't give up if the first determination isn't favorable.

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The key is that Washington ESD distinguishes between being fired for incompetence versus being fired for misconduct. Incompetence or poor performance usually won't disqualify you, but deliberate rule violations might.

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That distinction makes sense. I was never accused of breaking rules, just not meeting their subjective standards.

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Just make sure you're doing your job search requirements while you wait. Even if your claim is pending, you still need to be looking for work and logging it in WorkSourceWA.

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Do I need to do job search activities before my claim is approved?

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Yes, the job search requirements start immediately when you file, not when you're approved.

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The Washington ESD system is SO broken when it comes to this stuff. They side with employers way too often IMO. I got denied initially when I was fired for 'insubordination' which was really just me refusing to work in unsafe conditions. Had to appeal and it took MONTHS to get resolved.

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Oh no that sounds horrible. Did you eventually win the appeal?

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Yeah I won but it was a nightmare process. Just be prepared for a fight if your employer contests it.

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Appeals can take time but the good news is if you win, you get all the back pay from when you first filed.

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File online at esd.wa.gov as soon as possible. The sooner you file, the sooner your benefit year starts. Even if there's an adjudication delay, your benefits will be backdated to when you first filed if you're approved.

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