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Skylar Neal

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

Got terminated from my warehouse job last Friday for what my supervisor called 'performance issues' but I think it was really because I complained about safety violations. I've been working there for 8 months and never had any written warnings. Can I still file for Washington ESD unemployment benefits even though I was fired? I'm really worried they'll deny my claim because of how I left. Has anyone been through this before?

Yes, you can definitely file for unemployment even if you were fired. The key question is whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or deliberate. Safety complaints are actually protected activity, so that could work in your favor.

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That's reassuring to hear! Do I need to mention the safety complaint when I file my claim?

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Absolutely mention it. Document everything you can remember about the safety issues and when you reported them.

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I got fired from my last job and still got benefits. Washington ESD looks at the specific reason for termination. If it's not misconduct, you're usually good to go.

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How long did it take for your claim to get approved?

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About 2 weeks, but they did call my former employer to verify the termination reason.

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Been trying to reach Washington ESD for weeks about my own claim issues. Their phone system is impossible! I tried calling at 7am when they open and still can't get through.

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Have you tried using Claimyr? I found it at claimyr.com and it actually got me through to an agent. There's even a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Never heard of that before. Does it actually work or is it some kind of scam?

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It's legit - it just helps you get through the phone queue faster. Way better than hitting redial 200 times.

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You need to file your claim ASAP. There's usually a waiting period and delays in processing. Don't wait around thinking about it.

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Already started the application online. It's asking for a lot of details about why I was terminated.

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Be honest but focus on the performance issues they cited, not any workplace drama. Keep it factual.

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ugh the whole system is rigged against workers anyway. they'll probably find some excuse to deny you just like they do everyone else

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That's not really accurate. Washington ESD approves most claims unless there's clear misconduct involved.

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yeah right, tell that to my cousin who got denied for being 5 minutes late three times

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Update: I submitted my initial claim online and got a confirmation number. Now it says I need to wait for them to contact me for an eligibility interview. Anyone know how long that usually takes?

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Usually 1-2 weeks for the interview call. Make sure you answer when they call - if you miss it, it can delay everything.

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They called me on a Tuesday afternoon around 2pm. Have your employment records ready.

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What exactly counts as misconduct anyway? I always wondered about this

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Misconduct is willful violation of company policy, theft, violence, excessive unexcused absences - stuff like that. Poor performance usually isn't misconduct unless you were deliberately doing bad work.

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good to know, thanks for explaining

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The safety complaint angle could actually strengthen your case. Retaliation for safety complaints is illegal and Washington ESD takes that seriously.

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I documented everything in emails to my supervisor and HR. Should I include copies with my claim?

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Keep those ready for the eligibility interview. Don't send them unless they specifically ask for documentation.

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Still can't get through to Washington ESD on the phone. This is ridiculous.

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I used that Claimyr thing someone mentioned earlier and it worked great. Got me connected to an agent in like 10 minutes instead of spending all day calling.

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Alright I'll check it out, thanks

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My claim got approved even though I was fired for attendance issues. As long as it wasn't willful misconduct you should be fine.

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That gives me hope. Performance issues seem way less serious than attendance problems.

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Yeah, especially if you can show it might have been retaliation for your safety complaints.

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make sure you file your weekly claims on time even while your initial claim is being processed. dont miss those deadlines

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Good point, I need to set up reminders for that

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One more thing - if your employer contests your claim, don't panic. You'll get a chance to appeal and present your side. The safety complaint documentation will be crucial if it goes to appeal.

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How often do employers actually contest unemployment claims?

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Maybe 20-30% of the time in my experience. Companies with good HR departments often don't bother unless it was clear misconduct.

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been there with the firing situation. it sucks but unemployment helped me get through until i found something new

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How long were you on unemployment?

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about 4 months. the job search requirement kept me motivated to keep looking

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Don't forget you'll need to register with WorkSource once your claim is approved. It's required for the job search component.

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Is that the same as the job search log I keep hearing about?

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WorkSource registration is separate from your weekly job search activities, but both are required.

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The whole process is so stressful when you're already dealing with losing your job. Hang in there OP

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Thanks, it really is overwhelming trying to figure all this out

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I got denied initially but won on appeal. Sometimes the first review is hasty. Don't give up if they deny you.

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What was your appeal process like?

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Had to do a phone hearing with an administrative law judge. Took about 6 weeks total but I got approved and received back pay.

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For anyone still having trouble reaching Washington ESD by phone, that Claimyr service I mentioned earlier has been a game changer. Much easier than the constant busy signals.

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Just looked at their demo video - that's actually pretty clever how it works

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Final update: Just had my eligibility interview and it went well! The interviewer seemed very interested in the timeline of my safety complaints vs. the termination. She said I should hear back within a week. Thanks everyone for all the advice and support!

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Great news! Sounds like you presented your case well.

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That's awesome! The fact that they focused on the timeline is a good sign.

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Keeping my fingers crossed for you!

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this whole thread has been really helpful for understanding the process

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Glad it helped! This community has been amazing.

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FINAL UPDATE: Got approved! Benefits start next week. The safety complaint documentation definitely made the difference. For anyone in a similar situation - document everything and don't be afraid to mention retaliation if that's what happened. Thanks again everyone!

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Congratulations! Great outcome and good advice for others.

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Excellent news! Your experience will help others going through similar situations.

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So happy for you! Proof that the system does work when you have good documentation.

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