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Beth Ford

Can you collect unemployment if you get fired from a job - Washington ESD eligibility question

Got terminated from my warehouse job last Friday and I'm trying to figure out 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 because I questioned some safety protocols that weren't being followed properly. Does getting fired automatically disqualify you from UI benefits? I've been working for 18 months straight before this happened so I should have enough work history. Just not sure if Washington ESD will approve my claim since it wasn't a layoff.

Getting fired doesn't automatically disqualify you from unemployment benefits in Washington. The key thing Washington ESD looks at is whether you were terminated for "misconduct" or not. Performance issues usually don't count as misconduct unless they involve willful violations of company policy or gross negligence.

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That's somewhat reassuring. The termination letter just says "failure to meet performance standards" - nothing about misconduct or policy violations.

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You should definitely apply regardless. Washington ESD will investigate and make the determination. Even if your employer contests it, you have appeal rights.

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I went through this exact situation 6 months ago. Got fired for what my boss called "attitude problems" but Washington ESD approved my claim after reviewing everything. The adjudication process took about 3 weeks but I eventually got benefits.

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Did your employer fight the claim? I'm worried mine will contest it and drag this out forever.

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Yeah they did contest it initially, but Washington ESD sided with me after the phone interview. Just be honest about what happened and have any documentation ready.

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3 weeks for adjudication? Mine's been stuck for over a month now and I can't get through to anyone at Washington ESD to check on it.

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If you're having trouble reaching Washington ESD about your claim status, I found this service called Claimyr that helps you actually get through to a real person. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling and getting hung up on.

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Never heard of this before. Is it legit or just another scam?

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It's legit - they don't ask for your personal info, just help you get connected to Washington ESD when you need to talk to someone about your claim.

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Interesting, I might have to try this. Been calling Washington ESD for weeks with no luck.

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Here's what Washington ESD considers when determining eligibility after termination: 1) Was it misconduct connected to work? 2) Was it a willful violation of company rules? 3) Was it gross negligence? Performance issues alone usually don't meet these criteria unless there's more to the story.

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What about if you get fired for being late too many times? Is that considered misconduct?

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Chronic tardiness can be considered misconduct if it's willful and despite warnings. Washington ESD looks at the whole pattern of behavior.

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This is why I never call in sick or show up late. Better safe than sorry with Washington ESD rules.

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Update: I went ahead and filed my claim online through the Washington ESD website. The process was pretty straightforward but now it says "pending adjudication" which I guess means they need to investigate the circumstances of my termination.

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That's normal when you're fired. They have to verify the reason for termination with your employer. Should hear back within a few weeks.

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Make sure you keep filing your weekly claims even during adjudication! If you're approved, you'll get backpay for those weeks.

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Good to know, thanks! I wasn't sure if I should keep doing the weekly claims while it's under review.

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The system is so broken. I got fired for supposedly being "insubordinate" but really it was because I reported safety violations to L&I. Washington ESD still denied my claim initially and I had to appeal.

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Retaliation for reporting safety violations might actually be wrongful termination. Did you win your appeal?

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Eventually yes, but it took 2 months and a hearing. The whole process is designed to wear you down.

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This is exactly why I never report anything at work. Too risky.

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I used that Claimyr service someone mentioned earlier and finally got through to Washington ESD about my stuck claim. Turns out there was an issue with my work history verification that was holding everything up. Got it resolved in one phone call.

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How much did it cost? I'm desperate at this point but money's tight.

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It was worth it for me to finally get answers instead of calling hundreds of times. Check their website for current details.

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I'm still skeptical about these third-party services but if it actually works...

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Just want to add that even if you think your firing was unfair, don't lie about it on your unemployment application. Washington ESD will find out the truth during their investigation and lying will definitely disqualify you.

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Absolutely agree. I was completely honest about the circumstances on my application.

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Yep, honesty is always the best policy with Washington ESD. They verify everything anyway.

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OP, make sure you understand the difference between being fired "for cause" vs performance issues. For cause usually means theft, violence, or serious policy violations. Poor performance is different and usually doesn't disqualify you from benefits.

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That makes sense. My termination was definitely performance-related, not any kind of serious misconduct.

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The terminology matters a lot when Washington ESD is reviewing your case. Document everything.

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Been there done that. Got fired from a retail job for "customer service issues" but Washington ESD approved my claim because it wasn't willful misconduct. The key is showing you were trying to do your job properly.

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That's encouraging. I definitely was trying to do my job well, just had some disagreements with management about safety.

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Safety concerns are actually protected in many cases. You might have a stronger case than you think.

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Retail jobs fire people for anything these days. Glad Washington ESD saw through it.

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How long does the adjudication process usually take? I'm in week 2 of waiting and getting anxious about bills.

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Typically 2-4 weeks depending on how complex your case is and how quickly your employer responds to Washington ESD's requests for information.

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Mine took 6 weeks during busy season. Just keep filing your weekly claims and be patient.

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Thanks, I'll try to hang in there. This waiting is the worst part.

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Whatever you do, don't give up if Washington ESD initially denies your claim. The appeal process exists for a reason and many decisions get overturned. I've seen people win appeals even when the initial denial seemed solid.

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Good to know I have options if things don't go my way initially. Hopefully it won't come to that.

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Appeals can take months though. File immediately if you get denied - you only have 30 days.

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The appeal process is actually pretty fair once you get to a hearing. Administrative law judges review everything objectively.

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Actually tried that Claimyr thing after reading about it here. Skeptical at first but it actually worked - got connected to Washington ESD within 20 minutes instead of calling all day. Sometimes you gotta try new solutions.

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Okay you guys are convincing me. I'll check out their website later today.

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The demo video they have is pretty helpful for understanding how it works.

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Pro tip: when Washington ESD calls you for the separation interview, answer the phone! They usually only try a few times before making a decision based on available information. If you miss the call, call back immediately.

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How will I know it's them calling? I get so many spam calls these days.

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They usually call from a 360 area code number and may leave a voicemail. Check your SecureAccess Washington account too - they send messages there.

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I missed their call once and it delayed my case by another 2 weeks. Don't make my mistake!

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Final update from me: Got approved! Washington ESD determined that performance issues without willful misconduct don't disqualify you from benefits. Took exactly 3 weeks from filing to approval. Thanks everyone for the encouragement and advice.

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Congrats! Glad it worked out. The system does work sometimes, just takes patience.

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This gives me hope for my own case. Thanks for the update!

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Great news! Now don't forget about your job search requirements and weekly claims.

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Thank you! Yes, already working on my job search activities. Ready to get back to work.

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