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Liam Duke

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

I got terminated from my warehouse job last week and I'm wondering if I can even apply for unemployment benefits through Washington ESD. My supervisor said it was for attendance issues but I had documented medical appointments that I thought were excused. I've never filed for UI before and don't know if being fired automatically disqualifies me. Has anyone been in this situation? What happens when you apply after being terminated?

Yes, you can definitely file for unemployment even if you were fired. Washington ESD looks at whether you were terminated for 'misconduct' - attendance issues might not qualify as misconduct if they were related to legitimate medical reasons. You should apply right away and let them make the determination during adjudication.

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Thank you! That's reassuring. Do I need to mention the medical appointments in my application or wait until they ask?

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Include any relevant details in your application. If Washington ESD needs more information, they'll contact you during the fact-finding process.

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I was fired for being late too many times and still got approved for benefits. It took about 3 weeks for them to review everything but they decided it wasn't misconduct. The key is being honest about what happened.

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Did you have to provide documentation or anything during the review process?

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They asked for a written statement about the circumstances and my employer's version too. Then they made their decision based on both sides.

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Don't let them intimidate you into not filing! I had a friend who was told by HR she couldn't get unemployment after being fired - total lie. Washington ESD makes that decision, not your former employer.

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My supervisor did mention something about not being eligible, but I figured he might be wrong about that.

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Employers sometimes say that to discourage claims, but they can't prevent you from applying. File anyway and let Washington ESD determine eligibility.

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I've been trying to get through to Washington ESD for weeks about my claim that's stuck in adjudication after being terminated. The phone system is impossible - I keep getting disconnected after waiting on hold forever. Anyone have tips for actually reaching someone?

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Have you tried calling right at 8am when they open? That's usually the best time to get through to an agent.

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I've tried that multiple times but the system says they're experiencing high call volume and then hangs up on me.

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I was having the same problem until I found Claimyr.com - it's a service that helps you get through to Washington ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of frustration.

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The whole system is rigged against workers. They make it as hard as possible to get benefits even when you're legally entitled to them. I was fired for 'insubordination' which was really just asking questions about safety violations.

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Did you end up getting approved despite the insubordination claim?

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Eventually yes, but it took 6 weeks and I had to appeal their initial denial. The system is designed to wear you down.

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Safety concerns definitely aren't insubordination. Good thing you persisted with the appeal process.

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Quick question - do medical appointments count as excused absences for unemployment purposes? I had cancer treatments but my employer said I was using too much sick time.

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Medical treatments are protected under FMLA and Washington state law. Being fired for legitimate medical absences would likely not be considered misconduct.

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That's what I thought but wasn't sure how Washington ESD would see it. Thanks for clarifying.

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Here's what actually matters for Washington ESD unemployment eligibility after being fired: 1) It has to be misconduct connected to work 2) It has to be a willful disregard of employer's interests 3) Simple attendance issues usually don't qualify as misconduct, especially with medical reasons

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This is really helpful! So documented medical appointments would definitely not be considered willful disregard?

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Correct. You can't help needing medical care, so it's not willful misconduct in the eyes of Washington ESD.

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What about being late because of transportation issues? Is that considered misconduct?

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I got terminated for 'poor performance' and was worried I wouldn't qualify for UI benefits. Turns out poor performance isn't the same as misconduct - you can still get unemployment if you were trying your best but just weren't meeting expectations.

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How long did it take Washington ESD to make that determination for you?

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About 4 weeks total. They had to do fact-finding interviews with both me and my former supervisor before deciding.

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Update on my phone situation - I finally got through to Washington ESD using that Claimyr service someone mentioned. Took about 10 minutes and I was connected to an actual agent who could review my adjudication status. Definitely worth it when you're stuck.

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How does that service work exactly? Do you have to give them your personal information?

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No, they just help you navigate the phone system to reach an agent. Once you're connected, you handle your own call with Washington ESD directly.

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Been there! File immediately even if you think you might not qualify. The worst they can do is say no, but you might be surprised. I was fired for what my boss called 'attitude problems' but Washington ESD approved my claim because it wasn't actually misconduct.

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That's encouraging. I guess there's really no downside to applying and seeing what happens.

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Exactly! And if they deny you initially, you can always appeal if you think they got it wrong.

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Just wanted to add that you need to be honest about the termination reason when you file. Don't try to make it sound better than it was - Washington ESD will get your employer's version anyway and inconsistencies will hurt your case.

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Good point. I'll make sure to be completely truthful about the attendance issues and medical appointments.

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Honesty is definitely the best policy with Washington ESD. They have ways to verify information and lying can disqualify you entirely.

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My sister was fired for attendance and got denied initially, but she appealed and won because she could prove the absences were for caring for her sick child. Don't give up if you get an initial denial.

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How long does the appeal process take with Washington ESD?

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For her it was about 6-8 weeks total, including the hearing. But she got back pay for all the weeks she should have received benefits.

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The fact-finding process can be nerve-wracking but just tell your side of the story clearly. I was fired for what they called 'policy violations' but when I explained the circumstances to the Washington ESD investigator, they ruled in my favor.

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Do they interview you over the phone or in person?

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Usually by phone. They'll call you and ask specific questions about what led to your termination.

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I'm dealing with something similar right now. Got fired for 'excessive tardiness' but it was because my bus route changed and I couldn't afford a car. Still waiting to hear back from Washington ESD adjudication.

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Transportation issues beyond your control might not be considered misconduct. Did you inform your employer about the bus route change?

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I tried to but they said it was my responsibility to get to work on time regardless of transportation issues.

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For anyone still having trouble reaching Washington ESD by phone, I can't recommend Claimyr enough. The traditional phone system is basically broken - you're better off using a service that actually gets you through to agents who can help with your claim.

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Is it expensive to use?

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It's worth it when you consider the time you save not being on hold all day. Check out their demo video to see how it works.

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Medical issues are usually protected reasons for absence. If you have documentation of your appointments, make sure to mention that in your application. Washington ESD generally doesn't consider health-related absences as misconduct.

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I do have appointment records and FMLA paperwork. Should I submit copies with my application?

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Keep them ready but wait to see if Washington ESD requests them during fact-finding. They'll tell you what documentation they need.

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Whatever you do, apply as soon as possible. There's a waiting period anyway, so the sooner you file the sooner you might start receiving benefits if approved. Don't let uncertainty keep you from filing.

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Thanks everyone for all the advice! I'm going to file my application tonight and see what happens.

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Good luck! Remember to keep filing your weekly claims even during adjudication to protect your benefits.

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One last tip - keep detailed records of everything related to your termination and your job search while your claim is being processed. Washington ESD might ask for this information later.

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What kind of job search records do they want to see?

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Usually 3 job search activities per week - applications, interviews, networking events, etc. Keep a log with dates and company names.

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