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Avery Saint

Can you file Washington ESD unemployment if you get fired from your job?

Just got terminated from my warehouse job yesterday after working there for 8 months. Manager said it was for performance issues but I think it was really because I complained about unsafe working conditions. Can I still apply for Washington ESD unemployment benefits even though I was fired and didn't quit? I'm really stressed about paying rent next month and don't know what my options are.

Yes, you can definitely file for unemployment if you were fired! The key thing is whether it was for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or you repeatedly ignored warnings. When you file with Washington ESD, they'll investigate and make a determination.

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That's a relief! I did get one written warning about productivity but I was still meeting my quotas. Do I need to mention the safety complaint I made?

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Absolutely mention it! If they fired you for complaining about safety issues, that could be retaliation which would make you eligible for benefits. Be honest about everything when you file your claim.

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I went through this exact situation last year. Got fired for 'attitude problems' but really it was because I wouldn't work unpaid overtime. Filed my Washington ESD claim anyway and got approved after they investigated. The employer has to prove misconduct, not just say you were a bad employee.

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How long did the investigation take? I'm worried about the delay.

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Mine took about 3 weeks for adjudication. They contacted both me and my employer, then made their decision. I'd file immediately though - benefits start from when you file, not when they approve you.

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Just make sure you file your claim as soon as possible! I waited a week after getting fired and regretted it because you can't get benefits for that first week. The Washington ESD website makes it pretty clear - you can file online at esd.wa.gov even if you were terminated.

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Good point, I'll file today. Do I need any special documents or just my basic info?

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You'll need your Social Security number, driver's license, and employment history for the last 18 months. Have your last employer's info ready too - name, address, dates you worked there.

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I had such a hard time getting through to Washington ESD when I needed to talk to someone about my claim status. Kept calling for days and either got busy signals or got disconnected after waiting on hold forever. Finally found this service called Claimyr that helped me get through - you can check it out at claimyr.com. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Saved me so much frustration!

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That sounds helpful! I'm already dreading having to call if there are any issues with my claim.

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I've heard of that service too. My neighbor used it when her claim got stuck in adjudication and she needed to speak to someone urgently.

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Washington ESD doesn't automatically deny claims just because you were fired. They look at the specific circumstances. Things like tardiness, poor performance, or honest mistakes usually won't disqualify you. But theft, violence, or deliberately breaking company rules probably will. Sounds like your situation should be fine.

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That makes sense. I never did anything dishonest or violent, just had disagreements about the safety issues.

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Safety complaints are actually protected in most cases. Employers can't retaliate for that.

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File immediately and don't let them intimidate you! Employers sometimes try to scare people into not filing by threatening to contest the claim. Even if they contest it, you still have a good chance if you weren't fired for actual misconduct.

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They did mention something about contesting if I filed. Should I be worried about that?

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Not really. They have to provide actual evidence of misconduct, not just their opinion. Document everything you can about the safety issues and any retaliation.

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Been through this dance before with Washington ESD. The system is actually pretty fair if you were genuinely wrongfully terminated. Just be prepared for some back and forth during the adjudication process. They'll want your side of the story and your employer's side too.

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Should I get a lawyer or anything like that?

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Probably not necessary for the initial claim. Save that for if you need to appeal a denial. Most termination cases get approved if there wasn't clear misconduct.

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ugh the washington esd system is so slow tho... took forever for my claim to process when i got laid off. but yeah you can def file if you got fired, just depends on why

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How long did yours take to process?

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like 5 weeks total but i had some complication with my previous employer not responding to their requests for info

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One more thing - when you file, be completely honest about why you were terminated. Don't try to sugar-coat it or hide anything. Washington ESD will find out anyway when they contact your employer, and being dishonest on your application can actually disqualify you.

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Got it, I'll tell them exactly what happened with the performance issues and the safety complaint.

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This is really important advice. I know someone who got denied because they weren't upfront about their termination reason initially.

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File your weekly claims even while they're investigating your initial claim! I made the mistake of not doing that and lost out on benefits for those weeks. Even if your claim is in adjudication, keep filing weekly.

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Good to know! I had no idea about the weekly claims part.

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Yeah, you have to file every week to claim benefits for that week. It's annoying but that's how the system works. You can do it online through your Washington ESD account.

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My brother got fired for being late too many times and still got unemployment. Took about a month to get approved but he eventually got it. Performance issues are usually not considered misconduct unless you were deliberately sabotaging work.

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That's encouraging! I definitely wasn't sabotaging anything, just had some productivity struggles.

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Same here, I was slow at my last job but got UI benefits no problem. They understand not everyone is perfect at every job.

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If you do run into issues reaching Washington ESD by phone, I had success with that Claimyr service someone mentioned earlier. Really helped when I needed to get clarification on my claim status and couldn't get through their regular phone lines.

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I'll keep that in mind if I need to call them. Sounds like phone access is a real problem.

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It really is. Their phone system is overwhelmed most of the time. Having a backup plan for contacting them is smart.

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Document everything about your termination while it's fresh in your memory! Write down dates, who said what, any witnesses to the safety issues you reported. This will help if Washington ESD needs more information during their investigation.

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Great idea! I'll write everything down tonight while I still remember all the details clearly.

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Exactly! Memory fades fast and you want to have all the facts straight when they ask for your side of the story.

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honestly sounds like you have a strong case for getting benefits. safety retaliation is taken pretty seriously and performance issues alone usually dont disqualify you. just file asap and be patient with the process

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Thanks for the encouragement! I feel a lot better about filing now.

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The Washington ESD adjudication process can be nerve-wracking but try not to stress too much. They're pretty thorough in their investigations and usually get it right. Focus on finding your next job while you wait for the decision.

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You're right, I should start job searching right away too. Do I need to report my job search activities while the claim is being investigated?

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Yes, you'll need to log your job search activities for each week you file a weekly claim. Keep track of where you applied and when.

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Been dealing with Washington ESD for years through various job transitions. They're generally fair about termination cases as long as there wasn't gross misconduct involved. Your situation with the safety complaint actually strengthens your case.

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That's reassuring coming from someone with experience with the system!

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Agreed, Washington ESD takes workplace safety seriously. Retaliation for safety complaints is a red flag for them.

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One last tip - when you get your determination letter from Washington ESD, read it carefully! It will explain their reasoning and tell you about appeal rights if you disagree with their decision. Most people just look at whether they were approved or denied.

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I'll make sure to read every detail. Hopefully it's good news though!

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Based on what you've described, I think you'll be fine. Just stay on top of all the paperwork and requirements.

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Remember that even if your employer contests your claim, that doesn't mean you'll be denied. Washington ESD will look at all the evidence from both sides. Don't let their threats discourage you from filing - it's your right to apply for benefits.

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Thanks everyone for all the advice! I'm going to file my claim today and document everything about the termination.

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Good luck! You've got this. The system can be slow but it usually works out fairly in the end.

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Another vote for that Claimyr service if you need to reach Washington ESD urgently. Used it myself when I had questions about my weekly claim certification and it saved me hours of calling. Worth knowing about as a backup option.

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Definitely bookmarking that for future reference. Sounds like getting through to them can be really challenging.

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