< Back to Washington Unemployment

Matthew Sanchez

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

I got terminated from my warehouse job last week for what they said was 'performance issues' but I think it was actually because I complained about safety violations. Can I still file for unemployment benefits through Washington ESD if I was fired? I'm really confused about the rules and need to know if it's even worth applying. My manager said I wouldn't qualify but I don't trust him. Has anyone been in this situation before?

Yes, you can absolutely apply for unemployment benefits even if you were fired! Washington ESD will determine if your termination was for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or repeated after warnings. You should definitely file your claim.

0 coins

That's good to know! I never got any written warnings, just verbal ones about productivity. Should I mention the safety complaint in my application?

0 coins

Yes, definitely mention that. If they fired you for whistleblowing on safety issues, that could actually strengthen your case significantly.

0 coins

Don't listen to your manager - they don't know unemployment law. Washington ESD makes the final decision based on their own investigation. File immediately, you only have a limited time to apply and your benefits are backdated to when you file, not when you were terminated.

0 coins

How long do I have to file? I was fired last Tuesday.

0 coins

You should file ASAP. There's no specific deadline but the sooner the better for your benefit start date.

0 coins

I had trouble getting through to Washington ESD when I needed to discuss my termination details for my claim. The phone lines are always busy. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Made the whole process so much easier.

0 coins

How much does something like that cost? I'm already strapped for cash.

0 coins

It was worth it for me to avoid the endless phone tag. Much better than spending hours trying to get through on my own.

0 coins

the system is so messed up, they'll probably deny you anyway just because. i got fired for being 5 minutes late a few times and they still made me jump through hoops for weeks

0 coins

That's unfortunate but every case is different. Don't let one bad experience discourage you from filing.

0 coins

yeah whatever, washington esd doesn't care about regular people

0 coins

Here's what Washington ESD looks for with fired employees: Was it misconduct? Misconduct means you deliberately violated company policy or were grossly negligent. Poor performance, personality conflicts, or good faith errors usually don't qualify as misconduct. Safety complaints are protected activity.

0 coins

This is really helpful. They said I was 'not meeting standards' but never gave me proper training on the new equipment.

0 coins

That sounds like inadequate training rather than misconduct. Make sure to document that in your application.

0 coins

omg same thing happened to my brother last year!! he got fired and was so worried about unemployment but he got approved no problem

0 coins

That's encouraging to hear! Was he fired for performance too?

0 coins

yeah they said he was too slow but he had back problems they knew about

0 coins

The key thing is to be completely honest in your application. Don't try to hide that you were fired - Washington ESD will find out anyway when they contact your employer. Explain your side of the story clearly and factually.

0 coins

Should I get a lawyer or anything? This feels overwhelming.

0 coins

Not necessary for the initial application. If they deny you and you need to appeal, then maybe consider it.

0 coins

I'm dealing with something similar right now. My claim has been in adjudication for weeks because I was terminated. It's so stressful not knowing when I'll get approved or denied.

0 coins

How long has your adjudication been going? I'm worried mine will take forever too.

0 coins

Almost 3 weeks now. I keep checking my account but no updates.

0 coins

That's exactly why I used Claimyr - to get through and check on my adjudication status. The waiting is the worst part.

0 coins

Pro tip: When you file your weekly claims while waiting for adjudication, make sure you're still doing your job search activities. Washington ESD requires 3 job search activities per week even during adjudication.

0 coins

I didn't know that! What counts as job search activities?

0 coins

Applying for jobs, networking, attending job fairs, WorkSource workshops. Keep detailed records in case they audit you.

0 coins

been there done that, got the t-shirt. was fired from retail job for 'attitude problems' which was really just me standing up for myself against a terrible manager. got my unemployment no problem

0 coins

Did they make you go through adjudication?

0 coins

yeah took about 2 weeks but they approved me. employer didn't even respond to their inquiry lol

0 coins

Something important to remember - even if Washington ESD initially denies your claim, you have the right to appeal. Many people win on appeal even after being denied initially. The appeals process gives you a chance to present your case more thoroughly.

0 coins

How long do you have to file an appeal if they deny you?

0 coins

You have 30 days from the date of the determination letter to file your appeal. Don't miss that deadline!

0 coins

My wife just went through this exact situation. She was 'fired' but it was really retaliation for filing a complaint about her supervisor. Washington ESD approved her claim after investigating. The employer's response was pretty weak.

0 coins

That gives me hope! I really think my firing was retaliation too.

0 coins

Document everything you can remember about the safety issues and your complaint. Dates, witnesses, anything that supports your version.

0 coins

washington esd will probably just rubber stamp whatever your employer says happened. they don't really investigate anything properly

0 coins

That's not accurate. Washington ESD is required to conduct a thorough investigation and consider both sides before making a determination.

0 coins

yeah right, tell that to everyone who gets denied for no good reason

0 coins

File immediately and don't overthink it. The worst they can do is say no, and then you appeal. I've helped several friends through this process and most people who were fired for performance reasons get approved eventually.

0 coins

Thanks for the encouragement. I'm going to file tonight.

0 coins

Good! And remember to keep filing your weekly claims even during adjudication or you'll lose those weeks.

0 coins

wait I thought if you get fired you automatically can't get unemployment? this is news to me

0 coins

That's a common misconception. Being fired doesn't automatically disqualify you - it depends on the reason for termination.

0 coins

oh wow I wish I had known this when I got let go last year

0 coins

Just want to circle back on the Claimyr thing - it really helped me when I needed to speak with someone about my terminated employee status. The phone system is so frustrating otherwise. Definitely check out their demo video if you're struggling to get through.

0 coins

I might need to look into that if my adjudication takes too long. Thanks for mentioning it.

0 coins

I used them too when I couldn't reach anyone about my job separation issue. Worth it.

0 coins

The fact that you complained about safety violations before being fired is actually a huge point in your favor. Washington state has strong protections for whistleblowers. Make sure Washington ESD knows about the timeline of events.

0 coins

I filed the safety complaint with OSHA about 2 weeks before they fired me. Is that relevant?

0 coins

Absolutely! That timeline suggests retaliation. Include all of that documentation with your claim.

0 coins

been following this thread and just wanted to say good luck OP! sounds like you have a solid case for getting benefits approved

0 coins

Thank you! Everyone here has been so helpful. I feel much more confident about filing now.

0 coins

Final advice: File your claim online at secure.esd.wa.gov, be completely honest about being terminated, explain the circumstances clearly, and don't let your former employer intimidate you. Washington ESD makes the final decision, not your ex-boss.

0 coins

Perfect, I'm logging in right now to start my application. Thanks everyone for all the help and support!

0 coins

You've got this! Come back and update us on how it goes.

0 coins

This whole thread has been super informative. I had no idea about the whistleblower protections or that performance issues usually don't count as misconduct. Bookmarking this for future reference.

0 coins

Glad it was helpful! These are the kinds of details that can make or break an unemployment claim.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today