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Axel Bourke

Can you draw unemployment if fired in Washington - ESD eligibility question

Got terminated from my warehouse job last week for what they called 'performance issues' but I think it was really because I questioned some safety protocols. Been working there for 8 months, never had any write-ups or warnings. Now I'm wondering if I can even apply for Washington ESD benefits since I was fired instead of laid off? I've heard conflicting things about whether you can get unemployment if you're terminated. Has anyone been through this before? Really need to know if it's worth applying or if I'll just get denied automatically.

Yes, you can absolutely get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or repeated after warnings. Safety concerns definitely shouldn't count against you.

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That's a relief to hear. They never gave me any formal warnings about performance, just said I wasn't meeting expectations during the termination meeting.

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I got fired for being late too many times and still qualified for benefits. As long as it wasn't gross misconduct you should be fine.

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File your claim immediately! The sooner you apply, the sooner your benefits can start if approved. Even if your employer contests it, you can still potentially get benefits while the adjudication process is happening. Don't wait thinking you might not qualify.

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Should I mention the safety concerns I raised or just focus on the performance issues they cited?

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Be honest about everything. If you were fired for questioning safety protocols, that could actually help your case since it shows you weren't being insubordinate, just looking out for workplace safety.

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I went through something similar last year. Got fired from a retail job for 'attitude problems' but it was really because I wouldn't work unpaid overtime. Washington ESD approved my claim after about 3 weeks of adjudication. The key is being completely honest on your application and during any phone interviews.

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Did your employer fight the claim? I'm worried my company might contest it since they seemed pretty adamant about the performance issues.

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Yeah they contested it initially, but I had documentation of my concerns about unpaid overtime and that helped. If you have anything in writing about the safety issues you raised, keep it handy.

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Even if they contest it, don't give up. I had to go through an appeal process but eventually won. The hearing officer was fair and listened to both sides.

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Getting through to Washington ESD by phone is going to be your biggest challenge honestly. I've been trying to get someone on the line for weeks about my own claim issues. If you need to speak with someone urgently, I recently discovered this service called Claimyr (claimyr.com) that helps people get through to ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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How does that work exactly? I'm definitely going to need to talk to someone if my claim gets complicated.

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They basically handle the calling and waiting for you, then connect you when they get an agent on the line. Saved me hours of trying to get through myself.

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Never heard of that service but anything that helps get through to ESD sounds useful. The phone lines are absolutely brutal.

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The main thing Washington ESD looks for is whether you were fired for misconduct. Things like theft, violence, or willful disobedience count as misconduct. Performance issues, not getting along with coworkers, or questioning policies usually don't qualify as misconduct.

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What about if you were fired for violating company policy? Is that automatically misconduct?

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Depends on the policy and whether the violation was intentional. Minor policy violations or honest mistakes usually don't count as misconduct.

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File online at esd.wa.gov as soon as possible. The application process is pretty straightforward, but make sure you have all your employment information ready - dates, wages, reason for separation, etc. Don't overthink it, just be honest about what happened.

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Do I need to wait for any paperwork from my employer before applying?

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No, you can apply right away. Washington ESD will contact your employer directly to verify the information you provide.

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I was terminated for 'insubordination' which sounds way worse than performance issues, but I still qualified for benefits. The ESD adjudicator said questioning management decisions isn't the same as being insubordinate if you do it respectfully.

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That's encouraging. I was always respectful when I brought up the safety concerns, never confrontational or anything.

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Exactly, there's a big difference between being respectfully concerned about safety and being deliberately defiant.

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Whatever you do, don't lie on your application. I know someone who got fired for attendance issues and tried to claim they were laid off. Washington ESD found out and they had to pay back all the benefits plus penalties.

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Definitely not planning to lie. I figure honesty is the best policy even if it means waiting longer for a decision.

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Good approach. The adjudication process might take a few weeks but it's better than getting caught in a lie later.

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Just want to add that even if your initial claim gets denied, you have the right to appeal. I had to go through an appeal hearing but eventually won my case. Don't give up if the first decision doesn't go your way.

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How long does the appeal process usually take?

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Mine took about 6 weeks from filing the appeal to getting the hearing scheduled. The actual hearing was pretty quick, maybe 30 minutes.

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The fact that you questioned safety protocols could actually work in your favor. Washington has strong worker protection laws and retaliation for raising safety concerns is illegal. Make sure to mention that in your application.

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I didn't even think about that angle. The safety issues were legitimate concerns about equipment that wasn't being properly maintained.

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Document everything you can remember about those safety concerns. Dates, what you reported, who you reported it to, etc.

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Performance issues are usually not considered misconduct unless there's clear evidence you were deliberately not doing your job. Sounds like you were trying to do your job safely and got pushed out for it.

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That's exactly how I feel about it. I was trying to do my job properly and safely, not cause problems.

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Apply ASAP! You can file online 24/7 at esd.wa.gov. Even if there's some back and forth with your employer, you want to get your application in as soon as possible to start the process.

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I'm going to file tonight. Thanks everyone for the encouragement and advice!

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Good luck! Keep us posted on how it goes.

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I had a similar situation where I got terminated for 'not being a good fit' but it was really because I refused to work off the clock. Washington ESD approved my claim without any issues. They understand the difference between legitimate termination and retaliation.

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That gives me hope. It sounds like ESD really does look at the actual circumstances rather than just taking the employer's word for it.

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Ev Luca

One more thing - if you do get approved, make sure you understand the job search requirements. You'll need to be actively looking for work and able to document your search activities. But don't worry about that right now, just focus on getting your claim filed.

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I'm definitely ready to start job searching. Already updated my resume and started looking at openings.

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The system is designed to help people who lose their jobs through no fault of their own. Being fired for raising legitimate safety concerns sounds like exactly the kind of situation unemployment benefits are meant to cover.

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That makes me feel much better about applying. I was worried I might be wasting everyone's time.

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If you run into any issues reaching ESD by phone during the process, that Claimyr service someone mentioned earlier is legit. I used it when I couldn't get through for weeks and it actually worked. Worth checking out if you get stuck.

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Good to know there's a backup option if I can't get through the regular way. The phone system sounds pretty frustrating.

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Quick question - did you have any written documentation of the safety concerns you raised? Emails, incident reports, anything like that? That kind of evidence could be really helpful if your claim gets contested.

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I have a couple emails I sent to my supervisor about the equipment issues. Didn't think to keep copies but they might still be in my work email.

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Try to get copies if you can. If you can't access your work email anymore, at least write down what you remember about dates and details while it's fresh in your mind.

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Just wanted to say good luck with your claim! It sounds like you have a solid case, especially with the safety angle. Don't let your former employer intimidate you - you have rights and the system is there to protect workers like you.

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Thank you! This whole thread has been incredibly helpful and encouraging. I feel much more confident about moving forward now.

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Final tip - when you file your weekly claims, make sure you report any work you do, even odd jobs or gig work. It's better to be upfront about everything than to have issues later. But again, focus on getting that initial application in first!

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Will do. I appreciate everyone taking the time to share their experiences and advice. Feels good to know I'm not alone in this.

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