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Yara Khoury

Can you collect unemployment if your fired from job in Washington ESD?

Got terminated from my warehouse job last week for missing too many shifts (had some transportation issues). Manager said it was for cause but I'm not sure if that means I can't get unemployment benefits? Never filed before and don't know if Washington ESD will approve my claim since I was fired instead of laid off. Has anyone been in this situation? Do they automatically deny you if you were terminated?

You can still potentially get unemployment even if you were fired, but it depends on the specific circumstances. Washington ESD will investigate whether you were terminated for 'misconduct' or just poor performance. Missing shifts due to transportation problems might not count as misconduct if it wasn't willful or repeated after warnings.

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That's somewhat reassuring. I did get written up twice about attendance but it really was because my car kept breaking down. Should I mention that in my application?

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Definitely mention the transportation issues and provide any documentation you have about car repairs or public transit problems. Washington ESD considers whether the behavior was within your control.

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I was fired from my retail job last year for being late and still got approved for UI benefits. The key is that Washington ESD looks at whether it was misconduct connected to your work. If your employer contests your claim, you might have to go through adjudication where they investigate both sides of the story.

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How long did the adjudication process take for you? I'm worried about how I'll pay rent while they're deciding.

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Mine took about 3 weeks but I've heard it can be longer now. You should file right away though - if you're approved the benefits can be backdated to when you first filed.

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Having trouble reaching Washington ESD to ask questions about your eligibility? I was in the same boat after getting terminated. Spent hours calling their main number and either got busy signals or was hung up on. Found this service called Claimyr (claimyr.com) that actually gets you connected to a real agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Made such a difference when I needed to check on my claim status during adjudication.

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Never heard of that before. How much does it cost? The Washington ESD phone system is absolutely terrible.

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It's worth checking out their site for details. Much better than wasting entire days trying to get through on your own. Saved me so much frustration when I needed answers about my termination case.

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File your claim ASAP regardless. Even if your employer contests it, you have the right to appeal if Washington ESD denies you initially. I've seen people win appeals even after being fired for attendance issues, especially if there were legitimate reasons like medical problems or transportation barriers.

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Good point about filing quickly. Do I need to wait for some kind of paperwork from my employer or can I start the application online right now?

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Start online immediately at secure.esd.wa.gov. You don't need to wait for anything from your employer. Washington ESD will contact them directly during the process.

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This whole system is rigged against workers. They make it so complicated to figure out if you qualify and then put you through adjudication hell just to get benefits you paid into. I was fired for 'insubordination' which was really just me questioning unsafe working conditions and had to fight for months to get my UI approved.

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Ugh tell me about it. The Washington ESD adjudication process is like pulling teeth. Did you end up getting approved eventually?

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Yeah after 6 weeks and an appeal hearing. Had to prove the firing was retaliation for safety complaints. Absolute nightmare but worth fighting for.

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To clarify the misconduct standard: Washington ESD defines misconduct as a willful or wanton disregard of your employer's interests, or deliberate violation of workplace rules. Simply being unable to perform the job adequately usually doesn't qualify as misconduct. Transportation issues leading to attendance problems often fall into a gray area.

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What about if you were warned multiple times though? Does that change anything?

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Warnings can be a factor, but Washington ESD still looks at whether you had control over the situation. If your transportation issues were ongoing despite good faith efforts to resolve them, that's different than just choosing not to show up.

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Been there done that. Got canned from my construction job for missing work when my kid was sick. Employer fought my claim hard but Washington ESD sided with me during adjudication. Key thing is to document everything - keep records of why you missed work, any communications with your supervisor, stuff like that.

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I wish I had kept better records. I do have some texts with my supervisor about my car trouble but that's about it.

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Those texts could actually be really helpful! Anything showing you communicated about the problems and weren't just no-showing will work in your favor.

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Another thing to remember - even if Washington ESD initially denies your claim, you have 30 days to appeal. The appeal hearing is your chance to tell your side of the story to an administrative law judge. I've seen plenty of people win on appeal even after initial denials.

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How do the appeal hearings work? Do you need a lawyer?

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You don't need a lawyer but you can have one. It's usually done over the phone and both you and your former employer get to present evidence and testimony. The judge makes a decision based on Washington unemployment law.

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Quick update on getting through to Washington ESD - that Claimyr service I mentioned earlier worked again today when I needed to check on a different issue. If you're struggling to reach an agent about your termination case, definitely worth trying. The regular Washington ESD phone lines are still a disaster.

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I might have to try that. Been calling Washington ESD for three days straight with no luck. Getting desperate for answers about my claim.

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Yeah the wait times are insane right now. Claimyr got me connected in under an hour when I thought I'd be calling all week. Check out their demo video to see how it works.

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Quick question - do you have to be looking for work immediately after filing even if your claim is still in adjudication? I'm confused about the job search requirements while Washington ESD is investigating my termination.

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Yes, you need to start your job search activities right away and keep detailed records in WorkSourceWA. Even during adjudication, you're required to meet the work search requirements for any weeks you claim.

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Thanks, I'll get registered on WorkSourceWA today then. Don't want to mess up my claim over the job search requirements.

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I got fired for attendance issues too but mine was different - kept missing work because of panic attacks. Had to provide medical documentation but Washington ESD approved my claim because they considered it beyond my control. Every situation is unique.

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That gives me some hope. My transportation problems were legitimate issues, not me just skipping work. Did you have to go through a long adjudication process?

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About 4 weeks total but most of that was waiting for them to review my medical records. Having documentation really helped my case.

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File now ask questions later. Seriously. The worst thing you can do is wait and miss the deadline to apply. Washington ESD can only backdate benefits so far, so every day you wait potentially costs you money if you do qualify.

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You're right, I need to stop overthinking this and just submit the application. Better to find out for sure than keep worrying about it.

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

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One more tip - when you're filling out your Washington ESD application, be honest but focus on the facts. Don't admit fault or use language like 'it was my fault' even if you feel bad about the situation. Stick to what happened and why, let them make the legal determination about misconduct.

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Good advice. I was planning to be really apologetic in my application but I can see how that might hurt my case.

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Right - be truthful but factual. 'I missed work due to transportation problems' is better than 'I screwed up by not getting to work on time.

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The transportation issue angle might actually work in your favor. Washington ESD has recognized that reliable transportation can be a barrier to employment, especially in areas with limited public transit. If you can show you made good faith efforts to resolve the problem, that helps.

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I did try to arrange rides with coworkers and even looked into Uber but it was too expensive on my salary. Should I mention those efforts?

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Absolutely mention any steps you took to solve the transportation problem. Shows you weren't just ignoring the issue.

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Been following this thread and wanted to add - if your employer does contest your claim and you end up in adjudication, don't panic if it takes a while. Washington ESD is still backed up from all the changes over the past few years. Just keep filing your weekly claims and looking for work.

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What happens if you get approved but then your employer appeals? Can they take the benefits back?

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Your employer can appeal an approval decision, which would trigger another review. But you typically get to keep receiving benefits during that appeal process unless Washington ESD specifically stops them.

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For anyone still having trouble reaching Washington ESD about fired/termination questions - Claimyr really is a lifesaver. Used it again this week to clarify some stuff about my friend's misconduct case. The service connects you directly with Washington ESD agents instead of fighting the phone system. Worth every penny when you need real answers.

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I'm definitely going to try that service. Been trying to call Washington ESD for two weeks about my adjudication status with zero success.

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Same here - the busy signals are driving me crazy. Going to check out that video demo and see if it's worth it.

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Final thought - remember that Washington ESD's job is to determine eligibility based on the law, not to punish people who lost their jobs. If you were fired for reasons beyond your control or that don't rise to the level of misconduct, you have a legitimate claim to benefits. Don't let employer intimidation stop you from filing.

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Thank you everyone for all the advice and encouragement. I'm going to file my application today and see what happens. Really appreciate all the help!

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Good luck! Remember to keep detailed records of everything and don't give up if you hit obstacles. The system can be frustrating but it does work when you persist.

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