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Louisa Ramirez

Can you collect unemployment if you were terminated - Washington ESD eligibility question

Got fired from my warehouse job last Friday for what they called 'attendance issues' but I was dealing with my kid being sick and had to miss a few days. Manager said I violated the attendance policy even though I called in each time. Now I'm wondering if I can even file for unemployment benefits through Washington ESD since I was terminated instead of laid off? Does anyone know if being fired automatically disqualifies you from getting UI benefits? I really need to know before I waste time applying if I'm not eligible.

TommyKapitz

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You can absolutely still file for unemployment even if you were terminated! Washington ESD doesn't automatically deny benefits just because you were fired. What matters is WHY you were fired. If it was for misconduct, that's different than being fired for poor performance or attendance issues that weren't willful misconduct.

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So missing work for sick kid wouldn't count as misconduct? I always called in when I couldn't make it.

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TommyKapitz

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Calling in shows you were trying to follow proper procedures. That's definitely not willful misconduct. File your claim and let Washington ESD make the determination.

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I got fired from my last job for being late too many times and still got approved for unemployment. The key is that Washington ESD will investigate and determine if your termination was for 'misconduct connected with work.' Attendance issues usually don't qualify as misconduct unless you were like deliberately no-showing without calling.

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Payton Black

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How long did it take for them to decide on your case? Did you have to go through adjudication?

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Yeah mine went to adjudication for about 3 weeks. Had to provide documentation and my employer submitted their side too. But I got approved in the end.

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Harold Oh

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File your claim ASAP! Even if you're not sure about eligibility, it's better to apply and let Washington ESD decide. The worst they can do is deny it, but you might be surprised. I've seen people get approved who thought they wouldn't qualify.

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Good point, I'll start the application today. Do I need any special documents from my employer or can I just file online?

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Harold Oh

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You can file online at esd.wa.gov without any documents from your employer. Washington ESD will contact them directly for their side of the story.

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Amun-Ra Azra

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Been trying to get through to Washington ESD for weeks about my own termination case. Their phone lines are absolutely impossible. If you need to actually talk to someone about your specific situation, I just found this service called Claimyr (claimyr.com) that helps you get through to ESD agents. They have a video demo at https://youtu.be/7DieNe3C7zQ showing how it works. Saved me hours of calling.

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Summer Green

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Is that legit? Sounds too good to be true honestly.

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Amun-Ra Azra

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I was skeptical too but it actually worked. Got connected to a real ESD agent within 30 minutes instead of spending all day redialing.

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Gael Robinson

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Thanks for sharing this! I've been trying to reach them for 2 weeks about my adjudication status.

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Payton Black

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The system is so confusing though. Like what exactly counts as misconduct vs just being a bad employee? I got written up a few times for small stuff before they fired me.

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TommyKapitz

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Misconduct has to be willful and substantial. Getting written up for minor things usually won't disqualify you unless it was something serious like theft or harassment.

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Payton Black

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Mine was just like being on my phone too much and taking long breaks. Nothing criminal or anything.

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I worked at Washington ESD for 3 years and can tell you that attendance-related terminations rarely get denied for misconduct. The bar for misconduct is pretty high - we're talking about things like stealing, violence, gross insubordination, or repeated violations after clear warnings.

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That's really helpful to know! Did they ever consider family emergencies as valid reasons for absences?

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Family medical emergencies are definitely considered. Document everything - doctor visits, school calls, etc. That helps during adjudication if it goes that route.

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Gael Robinson

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ugh this whole system is such a nightmare. Been waiting 4 weeks just to hear back about whether I qualify. Meanwhile bills are piling up and I can't get anyone on the phone at ESD.

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Amun-Ra Azra

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That's exactly why I mentioned Claimyr earlier. When you're dealing with time-sensitive stuff like this, sometimes you need to find other ways to reach them.

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Gael Robinson

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Yeah I might have to try that. The automated system just hangs up on me every time.

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Summer Green

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What if your employer lies about why they fired you? My boss told unemployment I was stealing but that's completely false. Do they investigate that stuff?

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Yes they absolutely investigate. You'll get a chance to provide your side during the adjudication process. Gather any evidence you have - texts, emails, witness statements, etc.

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Summer Green

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Good to know. I have emails that prove they're lying about the timeline of events.

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Darcy Moore

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File your weekly claims even while you're waiting for the initial determination! A lot of people don't know this but if you get approved later, you can get backpay for those weeks you were eligible but didn't claim.

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Wait really? I thought you couldn't file weekly claims until you're approved?

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Darcy Moore

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Nope, you should file every week from the date you became unemployed. Just make sure to keep doing your job search activities too.

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Dana Doyle

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Same situation happened to my brother. Got fired for attendance, filed for unemployment, went through adjudication for about a month, and got approved. The key was proving he had legitimate reasons for the absences and followed company policy for calling in.

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Did he need a lawyer or anything for the adjudication process?

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Dana Doyle

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No lawyer needed. He just submitted his documentation online through his ESD account and waited for their decision.

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Liam Duke

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Pro tip: when you file your claim, be completely honest about why you were terminated. Don't try to sugarcoat it or leave things out because your employer will give their version anyway. Honesty is always the best policy with Washington ESD.

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Payton Black

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This is good advice. I was worried about being too honest but you're right, they'll hear both sides anyway.

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Manny Lark

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Does anyone know how long the adjudication process typically takes these days? I filed 2 weeks ago and still showing 'under review' status.

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Mine took 3 weeks but I've heard it can be anywhere from 2-6 weeks depending on how complex the case is.

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Rita Jacobs

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6 weeks?! That's insane when people need money for rent and food.

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Manny Lark

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Yeah it's rough. I ended up using that Claimyr service someone mentioned to actually talk to an agent about my timeline. At least now I know where things stand.

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Khalid Howes

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Just want to echo what others said - being fired doesn't automatically disqualify you! I got terminated from two different jobs and was approved for benefits both times. Washington ESD really does look at the specific circumstances.

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That's reassuring to hear. I'm feeling more confident about filing now.

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