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Sophia Clark

Can you collect unemployment if you get fired in Washington state?

I just got terminated from my job yesterday for what my manager called 'performance issues' but I think it was really because I complained about working conditions. I've been working there for 2 years and never had any write-ups until last month when I brought up safety concerns. Now I'm wondering if I can even apply for unemployment benefits through Washington ESD since I was fired instead of laid off. Does anyone know if getting fired disqualifies you from UI benefits? I really need the income while I look for another job.

You can absolutely apply for unemployment even if you were fired! Washington ESD will determine if you're eligible based on the reason for termination. If you were fired for misconduct, that's different than being fired for performance issues or business reasons. The key is whether it was 'misconduct connected with work' - things like theft, violence, or willful violation of company policy. Performance issues usually don't count as misconduct.

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That's really helpful, thank you! So should I mention the safety concerns I raised when I file my claim? I'm worried they might try to say I was being insubordinate or something.

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Definitely mention the safety concerns - that could actually help your case since retaliation for reporting safety issues is illegal. Be honest about everything when you file your claim with Washington ESD.

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I went through something similar last year. Got fired for 'attitude problems' which was really just me asking questions about my schedule. Filed for unemployment anyway and got approved after they investigated. Washington ESD contacted my employer and everything worked out in my favor.

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

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It took about 3 weeks for them to make a decision. I kept filing my weekly claims during that time like they told me to, and once approved I got backpay for those weeks.

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Just so you know, your employer will get a chance to respond to your unemployment claim. They might dispute it and claim you were fired for misconduct. But if you have documentation about the safety concerns you raised, that could really help your case. Keep any emails or texts about it.

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I do have some emails about the safety issues! Should I upload those when I file my claim or wait until Washington ESD asks for them?

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I'd keep them ready but wait until they ask. Washington ESD will let you know if they need additional documentation during their review process.

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Been trying to get through to Washington ESD for weeks about my own firing situation. Their phone lines are impossible - I've called hundreds of times and either get busy signals or sit on hold for hours just to get disconnected. Anyone have tips for actually reaching someone there?

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I had the same problem until I found Claimyr - it's this service that calls Washington ESD for you and gets you connected to an actual agent. Check out claimyr.com, they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much frustration!

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The whole system is rigged against workers! They make it so complicated on purpose. I got fired for being 5 minutes late THREE TIMES and they still tried to deny my benefits. Had to appeal and everything.

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Did you win your appeal? I might need to do that too if my employer fights my claim.

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Yeah I won but it took forever. The hearing was over the phone and I had to explain everything again. Just be prepared to fight for what you deserve.

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File your claim as soon as possible! Don't wait thinking about whether you'll qualify or not. Let Washington ESD make that determination. The worst they can say is no, but you might be surprised and get approved. I was fired for 'not being a good fit' and still got benefits.

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You're right, I should just file and see what happens. I was overthinking it.

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Exactly! And even if they initially deny you, you can appeal. Don't let fear of rejection stop you from trying.

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Make sure you understand the difference between being fired and being discharged. If they say you were 'let go' or 'your position was eliminated' that's different than being fired for cause. The wording matters when you file your claim.

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They definitely said 'terminated for performance issues' in my termination letter. Is that considered being fired for cause?

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Performance issues usually aren't considered misconduct unless they can prove you were willfully not doing your job. Sounds like you have a good case.

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I work in HR and see these situations all the time. Employers often try to contest unemployment claims even when they know the employee will probably win. They figure some people won't appeal if they get denied initially. Don't let that discourage you!

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That's so messed up! Why would they do that if they know the person will probably win anyway?

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Because it costs them money when their former employees collect unemployment - it affects their UI tax rate. Some companies will fight it just to make it harder for people.

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Whatever you do, be completely honest on your application. Don't try to hide that you were fired or make it sound like something it wasn't. Washington ESD will find out anyway when they contact your employer, and lying will hurt your case more than the truth.

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Good point. I'll be upfront about everything and let them investigate properly.

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Also remember you have to be actively looking for work and able to work to collect benefits. Keep track of your job search activities because they'll ask about it when you file your weekly claims. The requirements are pretty specific about how many jobs you have to apply for each week.

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How many job applications do you need to do per week? I keep hearing different numbers.

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It's usually 3 job search activities per week, but check the Washington ESD website for the current requirements. They changed some things recently.

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Been unemployed for 6 months now after getting fired and I'm still fighting with them about my benefits. The adjudication process is taking forever and I can't get anyone on the phone to check my status. This system is broken.

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Have you tried using that Claimyr service someone mentioned earlier? I used it last month to finally get through to Washington ESD about my adjudication issue. Worth a shot if you're stuck.

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Quick question - if you get fired can you still get benefits if you find a new job right away? Like if I file for unemployment but then get hired somewhere before my claim is processed?

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You can still file the claim for the time you were unemployed, but you'd need to report your new job when you start working. You only get benefits for weeks when you're actually unemployed.

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Makes sense. So I should still file even if I think I might find something soon?

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Yes, definitely file. You never know how long the job search will take, and there's a waiting period anyway.

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Don't forget about the waiting week! Even if you get approved, there's usually a one-week waiting period before benefits start. Plan accordingly for your finances.

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Oh I didn't know about that. So even if everything goes smoothly, I won't get paid for the first week?

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Right, the first week is unpaid. It's called the waiting week. After that you get weekly benefits if you keep filing your claims and meet the requirements.

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Just wanted to add that if your employer tries to say you were fired for misconduct, you'll probably end up in adjudication while they investigate. That can take several weeks but don't panic - keep filing your weekly claims during that time. If you win, you'll get backpay for those weeks.

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This is all really helpful information. I feel much more confident about filing my claim now. Thank you everyone!

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Good luck! Most people who get fired for performance issues end up getting approved. The system isn't perfect but it usually works out fairly in the end.

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One more thing - if you do end up needing to appeal a denial, don't try to do it alone. There are free legal aid services that can help with unemployment appeals. The hearing process can be tricky if you don't know what you're doing.

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Where do you find these legal aid services? I might need help with my appeal.

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Search for 'unemployment legal aid' in your area. Most counties have free services for low-income people dealing with unemployment issues.

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I got fired from my last job for 'violation of company policy' but it was really just me taking my legally required breaks. Still got unemployment benefits after they investigated. Sometimes what employers call 'misconduct' isn't actually misconduct under the law.

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That's encouraging! I'm in a similar situation where they're claiming policy violation but I think I was actually following the rules correctly.

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Fight it if you know you're right. Washington ESD actually investigates these things pretty thoroughly. They don't just take the employer's word for it.

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I went through a very similar situation about 8 months ago - got fired for "performance issues" right after I filed a complaint with OSHA about unsafe working conditions at my warehouse job. The timing was way too suspicious. I was nervous about filing for unemployment because I thought being fired automatically disqualified you, but I'm so glad I did it anyway. Washington ESD approved my claim after investigating, and they found that my employer couldn't prove any actual misconduct. The whole process took about 4 weeks from filing to getting my first payment. My advice is definitely file ASAP and be completely honest about the safety concerns you raised - that actually strengthens your case since retaliation for reporting safety issues is illegal. Don't let them intimidate you out of getting the benefits you've earned!

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