Can you file for unemployment if you got fired - Washington ESD eligibility?

You can definitely file for unemployment even if you were fired! Washington ESD looks at the reason for termination. If it wasn't for 'misconduct' then you should be eligible. Performance issues usually don't count as misconduct unless it was willful or you ignored repeated warnings.

That's good to know. They never gave me any formal warnings, just said my numbers weren't where they wanted them. Should I mention that in my claim?

Yes absolutely mention the lack of formal warnings. Document everything you can remember about the termination.

File anyway! The worst they can do is deny it and you can appeal. I got fired for being late too many times and still got approved because my employer couldn't prove it was intentional misconduct.

How long did your claim take to get approved after being fired?

About 3 weeks but that was before they started the adjudication backlog mess

I've been trying to get through to Washington ESD for weeks about my claim that's stuck in adjudication after I got terminated. The phone system is absolutely useless - I call right at 8am and still can't get through. Has anyone found a way to actually talk to someone there?

I used this service called Claimyr that basically calls for you and gets you connected to an actual agent. Found it at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling myself.

Interesting, never heard of that. Is it legit or just another scam?

It's legit - they don't ask for your personal info or anything sketchy. Just handles the calling part so you don't have to sit there hitting redial all day.

Washington ESD will investigate why you were fired. Your employer has to provide their side of the story. If they say it was misconduct, you'll probably go into adjudication while they review everything.

What counts as misconduct exactly? I was never arrested or anything like that.

Misconduct is usually things like theft, violence, repeated violations of company policy after warnings, or willful disregard of duties. Poor performance alone typically isn't misconduct.

ugh the whole system is so messed up. I got fired from my retail job because I couldn't lift heavy boxes anymore (hurt my back) and they still made me wait 6 weeks for a decision. Finally got approved but the stress was unreal

6 weeks?? That's terrible. Did you have to keep filing weekly claims during that time?

yeah you have to keep filing every week even while it's pending or you lose those weeks

The key thing to remember is that Washington ESD uses a 'misconduct' standard. Simply being bad at your job or not meeting expectations usually isn't misconduct. You need to have deliberately violated policies or acted in bad faith.

What if they fired you for attendance but you had medical issues? Does that change anything?

That could be a different situation especially if you have documentation of medical issues. You might want to mention that in your claim.

File your claim ASAP. There's a waiting period anyway so the sooner you start the process the better. Even if it goes to adjudication at least you'll be in the queue.

Good point. I'll file tonight. Better to try and get denied than not try at all.

Exactly! And if you do get denied you have 30 days to appeal.

I work in HR and see this all the time. Most terminations for performance don't result in UI denial unless there's documented misconduct. Your employer will get a chance to contest but they need solid evidence.

That makes me feel better. I really don't think they have any documentation since they never wrote me up formally.

Yeah if there's no paper trail of warnings or write-ups, you're probably in good shape.

Been through this twice unfortunately. First time I got denied because I was fired for being drunk at work (fair enough). Second time I got approved even though I was fired because the company said I wasn't 'cultural fit' which isn't misconduct.

Cultural fit sounds like BS honestly. Glad you got approved the second time.

Right? Companies use that term when they can't point to actual performance issues.

Update on my situation - I finally got through to Washington ESD using that Claimyr thing someone mentioned earlier. The agent was able to tell me my adjudication is almost done and should have a decision next week. Worth every penny not having to call 100 times a day.

How much did it cost?

They don't really talk about cost upfront but honestly I would have paid way more just to avoid the phone hell. My time is worth something too.

just file the claim and see what happens. washington esd will figure it out. i got fired for missing too much work but still got benefits because it was due to childcare issues

That's encouraging. Sounds like they look at the whole situation not just the fact that you got fired.

The unemployment system is set up to help people who lost their job through no fault of their own. Getting fired for poor performance when you were trying your best usually qualifies. Don't let them intimidate you out of filing.

Thanks for the encouragement. I was definitely trying my best, the job just wasn't a good fit for my skills.

That's exactly the kind of situation UI is meant to cover. Skills mismatch isn't your fault.

Make sure you're honest about everything when you file. If they find out later that you weren't truthful it can cause way bigger problems than just getting denied initially.

Definitely planning to be completely honest. Not worth the risk of lying about anything.

Another thing about Claimyr - I used it again this week for a different issue and they got me connected in like 10 minutes. Way better than the 2+ hours I spent trying to call myself last month. Really wish I'd known about it sooner.

10 minutes?? That's incredible. I've been calling for days with no luck.

Yeah it's kind of crazy how much easier it makes the whole process. Check out that demo video if you want to see how it works.

Quick question - do you have to wait a week before filing or can you file immediately after getting fired?

You can file immediately. There's a one week waiting period built into the system but that starts from when you file, not when you lost your job.

Good to know! I'll definitely file this weekend then.

Document everything about your termination while it's fresh in your memory. Date, time, who was there, exactly what was said. You might need it later if your employer contests the claim.

Smart advice. I'll write down everything I can remember from that meeting.

I've seen people get denied for being fired but then win on appeal because the employer couldn't prove misconduct. The appeals process exists for a reason so don't give up if you get an initial denial.

That's reassuring. Hopefully it won't come to that but good to know appeals are an option.

Bottom line: performance issues ≠ misconduct in most cases. If you weren't stealing, fighting, or willfully violating clear policies, you should be fine. File the claim and let Washington ESD sort it out.

Thanks everyone for all the advice! Feeling much more confident about filing now. Really appreciate this community.

Good luck with your claim! Come back and let us know how it goes.