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Kiara Fisherman

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

I got terminated from my job last week for what they called 'performance issues' but I think it was really retaliation for filing a complaint with HR about my supervisor. I've been working there for two years with no previous write-ups. Can I still file for unemployment benefits through Washington ESD? I'm really stressed about how I'm going to pay my bills and I don't know if being fired disqualifies me automatically. Has anyone been in a similar situation?

Yes, you can definitely apply for unemployment even if you were fired. Washington ESD doesn't automatically deny claims for termination. They'll investigate whether you were fired for 'misconduct' which has a specific legal definition. Performance issues alone usually don't qualify as misconduct unless it was willful or deliberate. File your claim ASAP since benefits are only paid from the date you apply, not the date you were terminated.

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Thank you! That's a relief. Do I need to mention the HR complaint I filed or just stick to what they put in my termination letter?

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Definitely mention the HR complaint during your eligibility interview. That could support your case that the termination was retaliatory rather than for legitimate performance reasons.

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I was in almost the exact same situation last year. Got fired for 'attitude problems' but really it was because I wouldn't work unpaid overtime. Washington ESD approved my claim after about 3 weeks of investigation. The key is being honest about everything and providing documentation if you have any.

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Did you have to go through an adjudication process? I'm worried about how long that might take.

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Yeah, it went into adjudication and I had to do a phone interview. But once I explained my side of the story and they talked to my former employer, they ruled in my favor.

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File your claim online at esd.wa.gov right away. Washington ESD will investigate the circumstances of your termination and determine if you're eligible. Even if you're initially denied, you have the right to appeal. I've seen people win appeals even when they lost the initial determination. The important thing is to keep filing your weekly claims during any appeals process.

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This is good advice. I waited too long to file after getting fired and lost out on two weeks of potential benefits.

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Had trouble getting through to Washington ESD when I needed to check on my claim status after being terminated. Spent hours on hold every day for a week. Finally used this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 15 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made such a difference being able to actually talk to someone about my situation.

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Really? I've been dreading trying to call them. How much does something like that cost?

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It was worth it for me not to waste days trying to get through. Much easier than sitting on hold forever just to get disconnected.

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being fired doesn't automatically disqualify you but it depends on WHY you were fired. if it was for gross misconduct like stealing or violence then probably no benefits. but performance issues or personality conflicts usually don't count as misconduct

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That makes sense. They said it was performance but I think it was really about the complaint I filed.

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Washington ESD uses a pretty strict definition of misconduct. It has to be willful disregard of the employer's interests or deliberate violation of workplace rules. Poor performance due to inability or good faith errors usually doesn't qualify as misconduct. Your situation sounds like it could go either way depending on how they documented the performance issues.

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This is exactly right. I work in HR and see these cases all the time. Washington ESD really looks at whether the employee intentionally did something wrong versus just not meeting expectations.

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I never intentionally performed poorly. If anything I was trying harder than usual because I knew they were looking for reasons to get rid of me after I complained.

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UGH the whole system is so frustrating! I got fired from my last job and Washington ESD made me jump through a million hoops. Took forever to get approved and then they wanted all this documentation I didn't even know I was supposed to keep. At least you're filing right away which is smart.

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What kind of documentation did they want? I'm trying to gather everything I might need.

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They wanted my termination letter, any write-ups or performance reviews, emails about the issues, stuff like that. Basically anything that showed what led up to the firing.

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Make sure you keep copies of everything related to your termination - the termination letter, any documentation about your HR complaint, performance reviews, emails, etc. If Washington ESD opens an investigation, having this paperwork ready will help your case significantly. Also start your job search log right away since you'll need to show you're actively looking for work.

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Good point about the job search log. How many jobs do I need to apply to each week?

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You need to make at least 3 job search activities per week. This can include applying for jobs, networking, attending job fairs, etc. Keep detailed records in your WorkSourceWA account.

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I got fired for being late too many times (my car kept breaking down) and still got unemployment. Washington ESD said it wasn't misconduct because I wasn't being late on purpose. Your situation sounds way better than mine was so I think you'll be fine.

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That's encouraging! Did you have to wait long for a decision?

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Just want to warn you that even if you get approved, your former employer might appeal the decision. Mine did and it dragged the whole process out for months. But I eventually won at the hearing level. Don't give up if they initially deny you or if your employer fights it.

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Oh great, another thing to worry about. Did you need a lawyer for the hearing?

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No, I represented myself. The hearing officer was pretty fair and just wanted to hear both sides of the story. Having my documentation helped a lot.

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Whatever you do, don't lie on your application. Washington ESD will find out the truth anyway when they contact your employer. Be honest about being fired but explain your side of the story during the interview process.

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Definitely planning to be completely honest. I have nothing to hide.

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File online asap! The longer you wait the more money you lose. Even if there's an investigation you should still file your weekly claims to preserve your place in line. I learned this the hard way.

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Thanks, I'm going to file tonight. Better to get the process started even if it takes a while.

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Quick update on the Claimyr thing I mentioned earlier - just used them again yesterday to check on a different issue and they're still working great. Got through to Washington ESD in under 20 minutes when I couldn't get through on my own after trying for days. Really takes the stress out of dealing with the phone system.

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I'm going to try this if I have trouble getting through. The phone system is such a nightmare.

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You'll probably be fine but prepare for the possibility of an adjudication. Washington ESD takes terminations seriously and will want to investigate. The good news is they seem to be processing these faster than they used to. My friend just went through this and got a decision in about 2 weeks.

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2 weeks isn't too bad. I was worried it would take months.

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Yeah, it used to take way longer but they've gotten better about it. Still stressful waiting though.

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One more thing - if you do get approved and your employer appeals, don't panic. The appeal hearing is your chance to really tell your side of the story. I actually felt more confident after the hearing than I did during the initial investigation.

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That's reassuring. I feel like I can defend myself if I get the chance to explain what really happened.

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Performance firing vs misconduct firing are totally different things in Washington ESD's eyes. Sounds like yours was performance-related which is usually not considered misconduct. You should be okay but definitely file immediately.

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Yeah, they never accused me of doing anything dishonest or breaking rules, just said my performance wasn't meeting expectations.

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I got fired for supposedly not following procedures but it was really because I complained about safety issues. Washington ESD approved my claim after investigating. The key was having documentation of my safety complaints and showing the timeline of events. Sounds like you have a similar retaliation situation.

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Yes! That's exactly what I think happened. Did you have emails or anything to prove the retaliation?

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I had copies of my complaint to HR and could show that the performance issues they cited started right after I filed it. Made their case look pretty weak.

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don't let them intimidate you into not filing. some employers will try to make you think you can't get benefits if you were fired but that's not true. washington ESD will make their own determination based on the facts

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My manager did kind of hint that I shouldn't bother applying for unemployment. Now I know that was probably just trying to discourage me.

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The whole process is nerve-wracking but most people who get fired for performance reasons do end up getting approved for benefits. Just be patient and honest throughout the process.

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Thanks for the encouragement. I'm feeling more confident about applying now.

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One last tip about getting through to Washington ESD if you need to call them - I mentioned Claimyr earlier but wanted to add that they were especially helpful when I needed to speak to someone about my adjudication status. Their system knew exactly which department to route me to instead of me getting bounced around between different offices.

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Good to know. I'll definitely keep that in mind if I run into issues with the phone system during my process.

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Bottom line - file your claim, be honest about everything, keep good records, and don't give up if you face any obstacles. The system is there to help people who lose their jobs through no fault of their own, which sounds like your situation.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim tonight and see what happens. This thread has been incredibly helpful!

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