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Bethany Groves

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

I got fired from my retail job last week for being late too many times (had some car trouble issues but couldn't prove it). My manager said it was for cause. Now I'm wondering if I can still file for unemployment benefits through Washington ESD or if being fired disqualifies me automatically? I've been working there for almost 2 years and really need the income while I look for something new. Has anyone been in this situation before?

You can still file! Being fired doesn't automatically disqualify you from unemployment benefits in Washington. The key is whether you were fired for 'misconduct' - which has a specific legal definition. Being late occasionally usually isn't considered misconduct unless it was willful and repeated after warnings. Washington ESD will investigate and make a determination.

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That's a relief! So they'll look into the specifics of why I was fired rather than just seeing 'terminated' and denying me?

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Exactly. They'll request information from both you and your employer about the circumstances. Be honest about the attendance issues but explain any legitimate reasons you had.

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File immediately! Even if there's a question about misconduct, you want to get your claim started. I was fired for a customer complaint (totally bogus) and still got approved after adjudication. Took about 3 weeks but I got benefits.

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How long did the whole process take from filing to getting your first payment?

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About 5 weeks total, but 2 weeks were because of the misconduct investigation. Normal claims get processed much faster.

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That's still pretty quick considering they had to investigate. I was worried it would take months.

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Washington ESD has specific criteria for misconduct. Generally includes things like theft, violence, or willful violations of company policy after clear warnings. Attendance issues can be tricky - if you had legitimate reasons for tardiness and it wasn't willful disregard, you might still qualify.

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I did get written up twice for tardiness but it was genuinely car problems. Think that documentation will hurt my case?

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Not necessarily. The key is whether you made reasonable efforts to address the issue and if the tardiness was beyond your control. Document any car repair receipts or evidence you have.

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I tried calling Washington ESD for weeks about a similar situation but could never get through. If you need to actually talk to someone about your specific case, I recently discovered this service called Claimyr at claimyr.com that calls for you and gets you connected to an actual agent. There's a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of redialing.

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Is that legit? Sounds too good to be true with how impossible it is to reach them normally.

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I was skeptical too but it actually worked. They handle the calling and waiting, then connect you when an agent picks up. Worth it when you really need answers.

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How much does something like that cost? I'm already tight on money from being unemployed.

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ugh the whole system is so confusing. I got fired for 'attitude problems' which I think is totally subjective. Been waiting 2 months for a decision on misconduct. Meanwhile bills are piling up and I can't get anyone at Washington ESD to give me a straight answer about my case status.

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Two months seems excessive for a misconduct determination. Have you tried checking your online account for updates or requesting a supervisor review?

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Online just says 'adjudication in progress' with no other details. So frustrating!

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File your claim online as soon as possible. Even if there's a misconduct question, you want to establish your claim date. Washington ESD will investigate and you'll have a chance to provide your side of the story. Don't assume you're disqualified.

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Should I mention the car trouble in my initial application or wait until they ask?

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Be honest but concise in the initial application. You'll have opportunities to provide more detail during the fact-finding process if needed.

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I'm dealing with something similar - got let go for 'performance issues' but I think it was really because I requested accommodations for my disability. Planning to file for unemployment but also considering other legal options. The misconduct standard in Washington is pretty high from what I've read.

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If you suspect discrimination was involved, definitely document everything and consider consulting with an employment attorney alongside your unemployment claim.

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Good point. The timing was definitely suspicious - right after I submitted my accommodation request.

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Whatever you do, don't wait to file thinking you won't qualify. I made that mistake and lost out on 3 weeks of potential benefits. Even if they initially deny you for misconduct, you can appeal and present your case to a judge. The appeal process gives you a real chance to explain your situation.

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How does the appeal process work? Is it like a real court hearing?

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It's less formal than court but yes, you present your case to an administrative law judge via phone or video. Both you and your employer can provide evidence and testimony.

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Appeals actually have pretty good success rates if you have legitimate reasons for what happened.

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Same boat here! Got fired for 'insubordination' because I questioned a safety violation. Filed anyway because I knew I was right. Washington ESD sided with me after investigation - said standing up for workplace safety isn't misconduct. Don't let them scare you out of filing.

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That gives me hope! Sounds like they really do look at the specifics rather than just rubber-stamping denials.

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Absolutely. They take worker rights seriously here. Just be prepared to provide documentation and be truthful about everything.

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File immediately and start your job search log right away. Even if there's a misconduct investigation, you still need to meet the work search requirements once benefits start. Don't wait for the decision to start looking for work.

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Good reminder about the job search requirements. Do I need to log activities during the investigation period too?

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Yes, keep detailed records from day one. Washington ESD can ask for your search activities retroactively in some cases.

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Been through this exact scenario. Car kept breaking down, got written up for tardiness, eventually terminated. Filed for unemployment expecting denial but got approved! The key was showing I was actively trying to fix the transportation issue and it wasn't willful misconduct.

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What kind of documentation did you provide to show you were trying to fix the problem?

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Repair invoices, texts to my supervisor about car trouble, evidence I was looking into alternative transportation. Anything showing good faith effort.

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Washington ESD is actually pretty fair about misconduct determinations compared to some other states. They look at whether your actions were willful and substantial. Chronic tardiness due to circumstances beyond your control often doesn't meet that standard.

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Agree with this. I've seen people get benefits even after being fired for things that seemed pretty serious at first glance.

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That's encouraging. I was worried any firing would automatically disqualify me.

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If the adjudication process drags on and you need answers, I had luck using that Claimyr service someone mentioned earlier. Finally got through to an agent who could actually check my case status instead of just the generic 'under review' message online.

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Did they give you any timeline estimate for the decision?

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They said misconduct cases typically take 3-4 weeks but can be longer if they need additional information from the employer.

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Pro tip: When you file, be very specific about any mitigating circumstances. Don't just say 'car trouble' - explain what was wrong, what you did to fix it, how it affected your ability to get to work on time. The more detail the better.

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Should I include photos of the repair estimates or is that overkill?

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Not overkill at all! Any documentation that supports your story helps establish credibility.

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Don't overthink it - just file the claim and let Washington ESD make the determination. You've paid into the system through payroll taxes and deserve consideration. Worst case scenario is they deny it and you appeal. Best case is you get approved and have income while job hunting.

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You're right, I'm probably overthinking this. Going to file today and see what happens.

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Smart move. The sooner you file, the sooner you'll know where you stand. Good luck!

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One more thing - if you do get approved, make sure you understand the weekly claim filing requirements. You have to certify every week that you're able and available for work and actively searching. Missing a weekly claim can cause payment delays.

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Is there a grace period if you accidentally miss filing a weekly claim?

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You can usually file late weekly claims but it may delay payment. Better to set a reminder and file on time every week.

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I use the Washington ESD mobile app - sends notifications when it's time to file your weekly claim.

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Bottom line: being fired doesn't automatically disqualify you from unemployment in Washington. The misconduct standard is pretty specific and requires willful violation of company policy after clear warnings. File your claim, be honest about what happened, and let them investigate. You might be surprised by the outcome!

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Thanks everyone for all the advice! Really helpful to hear from people who've been through similar situations. Filing my claim right now.

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Good luck! Hope it works out for you. Keep us posted on how it goes.

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Remember to save all your documentation and be completely honest in your responses to any follow-up questions from Washington ESD.

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