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NebulaNova

Can you draw unemployment if you are fired from your job in Washington?

My supervisor terminated me last Friday after what they called 'performance issues' but I honestly think it was unfair. I've been working there for 2 years and never had any write-ups or formal warnings. Can I still file for unemployment benefits with Washington ESD if I was fired? I'm really worried they'll deny my claim because I didn't quit on my own. Does anyone know how this works?

Yes, you can absolutely file for unemployment even if you were fired! The key is whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or repeated violations after warnings. Since you said you had no write-ups, that's actually good for your case.

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That's a relief to hear! So I should definitely apply even though I was fired?

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Absolutely! The worst they can do is say no, but based on what you described, you have a good chance of getting approved.

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I went through this exact situation last year. Got fired for 'not meeting expectations' but Washington ESD approved my claim because my employer couldn't prove it was misconduct. The adjudication process took about 3 weeks but I got my benefits retroactively.

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Did you have to do anything special during the adjudication process?

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Just answered their questions honestly and provided any documentation I had. Keep any emails or performance reviews that might help your case.

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Here's what I learned when I had trouble reaching Washington ESD about my claim status - there's actually a service called Claimyr (claimyr.com) that can help you get through to an actual agent. They have this demo video that shows how it works: https://youtu.be/7DieNd3C7zQ. Might be worth checking out if you need to talk to someone about your specific situation.

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Never heard of that before. Does it actually work?

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Yeah, I was skeptical too but it saved me hours of calling. Much easier than trying to get through the regular way.

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I used Claimyr too when I had an adjudication issue. Worth it to actually talk to a human instead of getting hung up on.

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ALWAYS file even if you're not sure! Washington ESD will investigate and make the determination. Being fired doesn't automatically disqualify you - it depends on the reason. Performance issues are usually not considered misconduct.

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Good point. Better to try and get denied than not try at all.

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What exactly did they say when they fired you? The specific reason matters a lot for your unemployment claim.

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They said I wasn't meeting performance standards and that my productivity was below expectations. Nothing about stealing or being late or anything like that.

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That sounds like you should be fine then. That's not misconduct in Washington ESD's eyes.

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i got fired 3 months ago and got my benefits no problem. as long as you didnt do anything really bad like steal or show up drunk you should be ok

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Thanks, that makes me feel better about applying.

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Just to clarify the misconduct definition - Washington ESD considers misconduct to be things like theft, violence, excessive unexcused absences, or willful violation of company policies. Poor performance alone typically doesn't qualify as misconduct.

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This is exactly right. I work in HR and we've had several former employees get approved for unemployment even after being terminated for performance.

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The whole system is rigged anyway. Employers can fire you for any reason but then fight your unemployment claim. It's ridiculous.

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Mei Lin

Yeah but at least Washington ESD usually sides with the worker if there's no clear misconduct.

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True, I guess that's something at least.

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Make sure you file ASAP! There's a waiting period and you want to get that started as soon as possible. You can file online through the Washington ESD website.

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Yeah I'm planning to file tomorrow morning. Thanks for the reminder!

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I'm going through adjudication right now for the same thing. My employer is fighting it but my lawyer says I have a good case since I was never formally disciplined.

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How long has your adjudication been going on?

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About 4 weeks now. It's frustrating but I'm confident it'll work out.

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Don't let them intimidate you! File your claim and let Washington ESD sort it out. That's what they're there for.

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You're right. I was second-guessing myself but I'm definitely going to file.

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If your employer contests the claim, you might have to do a phone hearing. Don't panic if that happens - just be honest about what happened.

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What's a phone hearing like? That sounds scary.

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It's not too bad. Just you, your employer, and a hearing officer. They ask questions about what happened and you give your side of the story.

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Pro tip: When you file, be specific about why you were fired. Don't just say 'performance' - explain that you received no warnings or write-ups.

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Good advice. I'll make sure to include those details.

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I had a friend who used that Claimyr service someone mentioned earlier. She was able to get through to Washington ESD and get her claim status updated. Might be worth it if you run into any issues.

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I'll keep that in mind if I have trouble getting through to them.

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The most important thing is to file quickly and be completely honest. Washington ESD will investigate and make a fair decision based on the facts.

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Thanks everyone for all the advice. I feel much more confident about filing now.

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Keep all your documentation - pay stubs, any emails about your termination, employee handbook, etc. You might need them if there's an appeal.

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I'll gather everything I have just in case.

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Remember that even if they deny your initial claim, you can appeal the decision. Don't give up if the first answer isn't what you want to hear.

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Good to know there are options if things don't go well initially.

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UPDATE: I filed my claim this morning and it went through! Now I just have to wait for them to process it. Thanks again everyone for the encouragement.

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Great job! Keep doing your weekly claims and job search requirements while you wait.

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Awesome! Hope it goes smoothly for you.

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Just wanted to add that if you do end up needing to talk to Washington ESD about your claim, that Claimyr thing people mentioned really does work. Saved me a ton of time when I was dealing with my adjudication.

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I'll definitely check it out if I need to reach them. Thanks!

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Good luck with your claim! Based on what you described, you should be fine. Performance issues without misconduct usually get approved.

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Thanks! I'm feeling much more optimistic now.

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