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Javier Torres

Can you collect unemployment if you were fired in Washington?

I got fired from my job last week and I'm not sure if I can even apply for unemployment benefits. My boss said it was due to performance issues but I feel like they were being unreasonable with their expectations. I've been working there for 2 years and never had any formal write-ups. Does Washington ESD approve unemployment claims when you're terminated? I really need the income while I look for another job.

Yes you can still get unemployment even if you were fired, but it depends on WHY you were fired. If it was for misconduct or willful violations of company policy, then no. But if it was for performance issues or not being a good fit, you should be eligible. When you file your claim, be honest about why you were terminated.

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That's good to hear. They said it was performance but I honestly think I was doing fine. How do I explain this when I file?

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Just be factual about what happened. Don't badmouth your employer but explain your side. Washington ESD will investigate and possibly contact your former employer.

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I went through this exact situation 6 months ago. Got fired for 'performance issues' but really they were just cutting costs. Filed for UI benefits and got approved after about 3 weeks of adjudication. The key is being completely truthful on your application about the circumstances.

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Did they contact your employer during the adjudication process?

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Yes, Washington ESD contacted them to get their side of the story. My employer didn't contest it so it went through smoothly.

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If you're having trouble getting through to Washington ESD to ask questions about your specific situation, I had success using Claimyr (claimyr.com) to get connected to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Way better than trying to call for hours and getting hung up on.

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Never heard of this service. Does it actually work or is it just another scam?

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It's legit. I was skeptical too but desperate after calling Washington ESD for days with no luck. Got through to an agent in like 20 minutes.

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The Washington ESD will review your termination during adjudication. They look at whether you were fired for misconduct (things like theft, fighting, excessive tardiness) vs. non-misconduct reasons (poor performance, reduction in force, etc.). Performance issues usually qualify you for benefits unless there was willful neglect of duties.

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What counts as willful neglect? I was struggling with some of the new software they implemented but I was trying to learn it.

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Willful neglect means you deliberately ignored your job duties or company policies. Struggling to learn new systems isn't willful - that sounds like a training/performance issue which should qualify you.

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ugh the whole system is so confusing!! I got fired 2 months ago and STILL waiting on my adjudication to finish. they keep saying they need more information but won't tell me what information?? so frustrating

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You should have received a letter explaining what additional information they need. Check your correspondence in your SecureAccess Washington account.

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I checked and there's nothing there. called like 50 times and can never get through to anyone

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Same boat here. Got let go 3 weeks ago supposedly for 'not meeting expectations' but I think they just wanted to hire someone cheaper. Filed my claim but it's been in adjudication ever since. At least I know I'm not alone in this situation.

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Yeah it seems like a lot of employers are using vague performance reasons to avoid paying into the unemployment system.

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That's exactly why Washington ESD investigates these cases. They can usually tell when an employer is being shady about the real reason for termination.

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Pro tip: document everything about your termination while it's fresh in your memory. Write down exactly what was said, any witnesses present, what led up to it, etc. This will help if Washington ESD needs more details during their investigation.

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Good advice. I should probably write this all down tonight before I forget the details.

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Wish I had thought of this. It's been 3 weeks and already some of the details are getting fuzzy.

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Been there done that. Washington ESD approved my claim even though I was fired. Took about a month to get through adjudication but got backpay for the whole time. Don't let your employer scare you into thinking you can't get benefits.

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That's encouraging to hear! My employer made it sound like I definitely wouldn't qualify.

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Yeah they always say that. It's not up to them, it's up to Washington ESD to decide based on the facts.

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Just remember you still have to do your weekly claims even during adjudication, and you'll need to be actively job searching. Don't slack on the job search requirements or they can deny your claim for that reason instead.

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How many jobs do I need to apply to each week?

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I think it's 3 job search activities per week but check the Washington ESD website to be sure. Keep detailed records of everything.

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The waiting is the worst part honestly. I was so stressed about money while waiting for my adjudication to complete. But once it went through I got all the backpay so it worked out.

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how long did yours take? I'm going crazy waiting

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About 5 weeks total. I know it feels like forever but try to stay patient.

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If anyone needs to actually talk to someone at Washington ESD about their specific case, seriously try Claimyr. I was in the same spot as OP - fired and worried about eligibility. Used their service to get through and the agent explained exactly what would happen during my adjudication process.

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How much does it cost though? I'm already broke from being unemployed.

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It's worth it compared to the stress of not knowing what's happening with your claim. Way cheaper than missing out on weeks of benefits.

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I was fired for attendance issues (had some family stuff going on) and still got approved for unemployment. As long as it wasn't gross misconduct you probably have a good chance.

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That gives me hope. My situation was definitely not misconduct, just disagreement about my work quality.

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One more thing to keep in mind - even if your employer contests your claim, that doesn't mean you'll be denied. Washington ESD makes the final decision based on all the evidence, not just what your employer says.

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My employer definitely contested mine. Still waiting to hear back but this makes me feel better about my chances.

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Just make sure you respond to any requests for information promptly. Don't let them close your case for non-response.

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The system is set up to help people who lose their jobs through no fault of their own. Being fired for performance (as opposed to misconduct) usually falls into that category. File your claim and let Washington ESD sort it out.

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Thanks everyone for the encouragement. I'm going to file my claim tomorrow morning.

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Whatever you do, don't wait to file. You can't get benefits for weeks before you actually file your claim, even if you're eventually approved. The sooner you file, the sooner your adjudication starts.

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Good point. I was putting it off because I wasn't sure if I'd qualify but I should just file and see what happens.

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Exactly. Worst case they deny it and you appeal. Best case you get approved and start receiving benefits.

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Been following this thread and wanted to add - I also used Claimyr when I couldn't get through to Washington ESD. The agent I spoke with explained that performance-related firings are usually approved as long as there's no evidence of willful misconduct. Really helped ease my anxiety about the whole process.

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That's exactly what I need to hear right now. Going to check out that service if I have trouble reaching someone.

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Update us on how it goes OP! I'm in a similar situation and would love to hear about your experience with the process.

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Will do! Planning to file first thing tomorrow and I'll post an update once I hear something back.

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Just remember that every case is different. What happened to other people might not be exactly what happens to you. But the general principle is that if you weren't fired for misconduct, you should be eligible for benefits.

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True, but it's still helpful to hear other people's experiences. Makes the whole process feel less scary.

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The adjudication process can be nerve-wracking but try to stay positive. Washington ESD is generally fair in their determinations as long as you're honest about what happened.

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I keep telling myself this but it's hard when you're waiting weeks with no income

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I totally understand. The financial stress makes everything worse. Hang in there.

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One last piece of advice - if you do get approved, make sure you understand all the requirements for continuing to receive benefits. Job search requirements, reporting any income, etc. It's easy to mess up and lose your benefits later.

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Good reminder. I'll make sure to read through all the requirements carefully once I get approved.

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Thanks for posting this question OP. I learned a lot from reading everyone's responses. Going to file my own claim this week after putting it off for too long.

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Glad this thread was helpful for others too! Good luck with your claim.

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That's what this forum is for - helping each other navigate this confusing system.

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