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Elliott luviBorBatman

Can you collect unemployment if you are fired for performance in Washington ESD?

Got terminated last week from my warehouse job after being there 8 months. My supervisor said it was due to not meeting productivity standards and missing too many deadlines. I wasn't written up or anything, just called into the office and let go. Can I still file for Washington ESD unemployment benefits? I'm worried they'll deny me since it was performance related. Has anyone been in this situation before?

Yes, you can definitely apply for UI benefits even if fired for performance issues. Washington ESD distinguishes between being fired for misconduct vs performance problems. Poor performance usually doesn't disqualify you unless it was willful misconduct.

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That's a relief to hear. What exactly counts as misconduct vs just not being good at the job?

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Misconduct would be things like stealing, fighting, repeatedly violating company policy after warnings. Poor performance is usually just not meeting standards even when trying your best.

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I got fired for performance last year from my retail job and still got approved for unemployment. The key is that Washington ESD looks at whether you were deliberately doing something wrong or just struggling with the work requirements.

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How long did it take to get approved? I'm worried about the waiting period.

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Took about 3 weeks for my claim to process. No adjudication or anything, pretty straightforward.

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File your claim ASAP. Washington ESD will contact your former employer to get their side of the story. If they can't prove willful misconduct, you should be fine. Make sure you're honest about the reason for separation when filling out your application.

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Should I mention that I wasn't written up or given warnings? Would that help my case?

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Absolutely mention that. The lack of progressive discipline actually supports your case that it was performance-related rather than misconduct.

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This is good advice. I had a similar situation and the adjudicator specifically asked about whether I received warnings or coaching.

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Had a nightmare trying to get through to Washington ESD when my claim went into adjudication for this exact reason. Spent weeks calling and could never get anyone on the phone. Finally used this service called Claimyr (claimyr.com) that gets you connected to an actual agent. Game changer - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Never heard of that before. How much does something like that cost?

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Way cheaper than missing out on weeks of benefits while trying to get through. Worth checking out if your claim gets complicated.

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Interesting, might have to look into this if I run into issues with my current claim.

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ugh the whole system is so confusing. I got fired for being late too many times and they still gave me benefits. seems random who gets approved and who doesn't

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Being late repeatedly after warnings would actually be closer to misconduct territory. You got lucky they approved you.

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maybe but i still got my money so whatever works i guess

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Update: Filed my claim online this morning. The application asked specifically about the reason for separation and I put 'terminated for performance issues.' Hoping this goes smoothly.

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Good call being upfront about it. Washington ESD appreciates honesty and it will help your case if they do investigate.

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You did the right thing. Being honest from the start prevents problems later.

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My brother got fired for performance at his construction job and they initially denied his claim. He had to appeal but eventually won. The key was proving he was doing his best but just couldn't keep up with the pace they wanted.

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How long did the appeal process take? That sounds stressful.

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About 6 weeks total but he got backpay for everything once it was approved. Worth fighting if they deny you initially.

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Appeals often succeed in performance cases because employers have to prove misconduct, not just poor performance.

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Been through this exact situation twice unfortunately. First time at a call center, second time at a manufacturing plant. Both times I got approved for benefits because neither employer could show I was deliberately doing anything wrong - just wasn't meeting their standards.

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That makes me feel better. Were there any special steps you had to take during the process?

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Just be prepared to explain your side if they do an interview. Focus on the fact that you were trying your best and didn't receive adequate training or support.

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Washington ESD is pretty reasonable about performance terminations. I work in HR and we've had several former employees get benefits even when we let them go for not meeting goals. As long as there's no dishonesty or policy violations, they usually approve.

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That's reassuring coming from someone on the employer side. Thanks for the perspective.

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Good to hear from someone who sees both sides of these cases. Gives me more confidence in the system.

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Whatever you do, don't panic if your claim goes into adjudication. Mine did for a performance firing and I thought I was screwed. Turned out they were just verifying details with my employer. Got approved 2 weeks later.

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Good to know adjudication doesn't automatically mean denial. I'll try not to stress if that happens.

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Exactly. It's just their due diligence process. Most performance cases get approved once they investigate.

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THE SYSTEM IS BROKEN! I got denied for performance issues even though I was never coached or written up. Had to get a lawyer involved and it took months. Don't trust that they'll do the right thing automatically.

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Sounds like there might have been more to your case. Performance denials are pretty rare unless there were other factors involved.

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NOPE just incompetent adjudicators who don't know the law. Had to fight tooth and nail for what was rightfully mine.

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Sorry you had that experience. Most performance cases don't require legal help, but sometimes the system does mess up.

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quick question - do you have to do the job search stuff right away or can you wait until your claim is approved?

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You need to start job search activities immediately once you file, even during adjudication. Don't wait for approval.

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ok thanks wasnt sure about that timing

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Just want to echo what others said - performance terminations usually qualify for benefits. The burden is on the employer to prove misconduct, not on you to prove you deserved to keep the job.

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That's a helpful way to think about it. Takes some pressure off knowing the burden of proof isn't on me.

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Following up on my earlier comment about Claimyr - just want to mention they were super helpful when I needed to talk to someone about my adjudication. Much better than sitting on hold for hours with the regular Washington ESD phone line.

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How exactly does that service work? Do they just get you to the front of the line or something?

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They handle the calling and waiting for you, then connect you when an agent is available. Saves tons of time and frustration.

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Performance firing here too from last month. Still waiting to hear back but not worried after reading all these responses. Seems like most people in our situation get approved eventually.

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Good luck with your claim! Hopefully we both get good news soon.

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Thanks, fingers crossed for both of us!

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One thing to remember is that even if you get denied initially, you can always appeal. I've seen plenty of performance termination appeals succeed because Washington ESD errs on the side of caution sometimes in their initial decisions.

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Good point about appeals. Nice to know there's a backup plan if needed.

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Exactly. Don't give up if the first decision doesn't go your way. The appeal process exists for a reason.

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This thread is super helpful. I'm in a similar boat but was fired for 'not being a good fit' which sounds even more vague than performance issues. Hoping that still qualifies.

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Not being a good' fit is even less specific than performance issues. You should definitely qualify for benefits with thatreason.

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That's what I was thinking too. Hard to call that misconduct when it's so subjective.

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Remember to keep documentation of everything - your termination paperwork, any emails, etc. If your case does go to adjudication, having that stuff ready can speed up the process.

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Good advice. I kept copies of everything from my termination meeting.

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The whole misconduct vs performance distinction is key. Washington ESD's handbook is pretty clear that poor performance alone doesn't disqualify you unless it's willful or deliberate.

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Where can I find that handbook? Might be good to read up on the specifics.

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It's on the Washington ESD website under their employer resources section. Good info about how they make these decisions.

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Final thought - don't let employer intimidation tactics scare you away from filing. Some companies try to make fired employees think they can't get benefits, but that's not always true, especially for performance issues.

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Thankfully my employer didn't say anything about benefits one way or the other. Just gave me my final paperwork and that was it.

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That's actually better. When employers stay neutral it usually means they don't plan to contest your claim.

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