< Back to Washington Unemployment

Diego Mendoza

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

Got terminated from my warehouse job last week for what they called 'performance issues' but I think it was really because I complained about safety violations. HR said I was let go for cause but didn't give me any written warnings beforehand. Can I still file for unemployment benefits with Washington ESD or am I automatically disqualified because I was fired? I've been working there for 2 years and really need the income while I look for something else.

Yes, you can absolutely file for unemployment even if you were fired! Washington ESD looks at the reason for termination, not just that you were terminated. If you were fired for performance issues rather than misconduct, you should qualify. The key is whether it was 'misconduct' or just not being able to do the job well enough.

0 coins

That's a relief to hear. How do I prove it wasn't misconduct when I file my claim?

0 coins

Just be honest about what happened when you file. Washington ESD will contact your employer to get their side too. If they can't prove willful misconduct, you should be approved.

0 coins

I was in a similar situation last year - fired for 'attitude problems' which was really retaliation for reporting wage theft. Filed with Washington ESD anyway and got approved after they investigated. The employer has to prove misconduct, not just that they didn't like you.

0 coins

How long did the investigation take? I'm worried about waiting weeks without income.

0 coins

Mine took about 3 weeks total. You should file immediately though - benefits start from when you file, not when you're approved.

0 coins

If you're having trouble getting through to Washington ESD to check on your claim status or ask questions, I found this service called Claimyr that helps you actually reach an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

0 coins

Thanks for the tip! I'll definitely need help navigating this process.

0 coins

Never heard of that service but anything beats trying to call Washington ESD directly. Those wait times are insane.

0 coins

wait so even if you get fired you can still get unemployment?? i thought only if you got laid off or quit for good reason

0 coins

Common misconception! You can get UI benefits if fired unless it was for misconduct. Poor performance, not getting along with coworkers, even being late sometimes usually doesn't disqualify you.

0 coins

damn wish i knew that when i got canned from my last job

0 coins

The safety violation angle could actually help your case. If you were terminated for reporting legitimate workplace safety concerns, that's protected activity under Washington law. Document everything you can remember about the safety issues and when you reported them.

0 coins

I do have emails where I reported the safety problems to my supervisor. Should I include those when I file?

0 coins

Absolutely keep those emails safe. You might not need them for the initial filing, but if your employer contests the claim, that documentation will be crucial.

0 coins

ugh the whole system is so confusing. why can't they just make it simple - if you lose your job through no fault of your own you get benefits period

0 coins

I agree it's frustrating, but the distinctions exist to prevent abuse. Someone who steals from their employer shouldn't get the same treatment as someone who just couldn't meet sales quotas.

0 coins

i guess that makes sense when you put it that way

0 coins

Just to be clear on the process - file your claim immediately online at esd.wa.gov. Don't wait thinking you need to gather evidence first. Washington ESD will do their own investigation if the employer contests your claim. The most important thing is getting that filing date established.

0 coins

Filing online right now. Do I need to have my last paycheck stub or can I do it without that?

0 coins

You can file without it, but having your employment dates and wage info handy makes the process smoother. They'll verify everything with your employer anyway.

0 coins

My brother got fired for missing too many days (he was taking care of our sick mom) and still got unemployment. Took a few weeks to sort out but Washington ESD approved him once they understood the situation.

0 coins

That's encouraging to hear. Sounds like they really do look at the individual circumstances.

0 coins

Exactly - attendance issues due to family caregiving often don't rise to the level of misconduct, especially if there wasn't a clear policy violation.

0 coins

Whatever you do, don't lie on the application. I've seen people get in serious trouble for not being truthful about why they were fired. Washington ESD will find out the real reason anyway when they contact your employer.

0 coins

Definitely planning to be completely honest. I have nothing to hide about what happened.

0 coins

yeah they cross-check everything. my cousin tried to fudge the details and ended up owing money back

0 coins

The fact that you didn't get written warnings could actually work in your favor. Proper progressive discipline usually involves documented warnings before termination. Sounds like they just wanted you gone.

0 coins

That's exactly what I thought! They never put me on any kind of improvement plan or gave me a chance to fix the alleged problems.

0 coins

That's a good point. Lack of progressive discipline can indicate the termination wasn't really about performance.

0 coins

Since you'll probably need to follow up on your claim status, that Claimyr service I mentioned earlier has been a lifesaver for actually getting through to Washington ESD phone agents. Way better than spending all day on hold or getting disconnected.

0 coins

Is that one of those paid services? Not sure I can afford extra fees right now.

0 coins

They do charge something but honestly it was worth it to actually talk to a human being at Washington ESD. The video demo explains the whole process.

0 coins

I worked in HR for years and saw tons of unemployment claims. Unless someone was stealing, fighting, or repeatedly violating clear policies after warnings, most terminations don't disqualify people from benefits. Performance issues rarely count as misconduct.

0 coins

That's really reassuring coming from someone with HR experience. I was worried I'd automatically be denied.

0 coins

Employers contest claims all the time hoping people won't appeal, but Washington ESD looks at the actual facts. Your situation sounds like you have a good chance of approval.

0 coins

just make sure you start looking for work right away and keep track of your job search. washington esd requires proof that you're actively searching

0 coins

Good reminder. How many jobs do I need to apply to each week?

0 coins

It's usually 3 job search activities per week, but check your specific requirements when you file. Can be applications, networking, job fairs, etc.

0 coins

The employer burden of proof is pretty high for misconduct. They have to show you deliberately violated a known policy or standard. Simple poor performance or personality conflicts usually don't meet that standard.

0 coins

They never showed me any specific policy I violated, just said I wasn't meeting expectations.

0 coins

That sounds like performance rather than misconduct to me. You should have a strong case for benefits.

0 coins

I got fired from a retail job for being 'difficult' (aka standing up to an abusive manager) and still got my unemployment. Filed the same day I was terminated and benefits started within 2 weeks.

0 coins

That gives me hope! I'm filing today and hoping for a quick approval.

0 coins

good for you for standing up to bad management. too many people just take the abuse

0 coins

If your claim gets denied initially, don't panic! You can appeal and have a hearing. I've seen plenty of initial denials get overturned on appeal when people present their case properly.

0 coins

How long do you have to file an appeal if needed?

0 coins

Usually 30 days from the determination date. But hopefully you won't need to go that route based on what you've described.

0 coins

the whole thing about safety violations is huge. if they fired you for reporting legitimate safety concerns that could be retaliation which is illegal

0 coins

I hadn't thought about it being illegal retaliation. Should I mention that angle when I file?

0 coins

Definitely mention the timeline - when you reported safety issues versus when you were terminated. Let Washington ESD connect the dots.

0 coins

I used to think getting fired meant no unemployment too until I actually needed to file. Turns out most firings still qualify you for benefits unless you did something really bad. The system is designed to help people who lose work through no real fault of their own.

0 coins

That's how I'm starting to understand it. Sounds like the bar for misconduct is actually pretty high.

0 coins

Exactly right. Washington ESD errs on the side of helping people get back on their feet rather than punishing them for employer disputes.

0 coins

Pro tip: when you do your weekly claims, be completely accurate about any work you do or income you receive. Even small amounts need to be reported or you could face overpayment issues later.

0 coins

Good to know. I might pick up some gig work while job hunting so I'll make sure to report everything.

0 coins

Smart approach. A little income is usually better than none, and Washington ESD has partial benefit calculations for that situation.

0 coins

Just wanted to add that if you do end up needing to call Washington ESD for any reason, that Claimyr thing someone mentioned actually works. I was skeptical at first but it got me through to an agent in like 20 minutes instead of the usual 4+ hour wait times.

0 coins

Thanks for the follow-up on that. If I run into issues with my claim I'll definitely check it out.

0 coins

Glad it worked for someone else too! Really takes the stress out of dealing with Washington ESD when you can actually talk to someone.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today