Can you get Washington ESD unemployment benefits if you get fired from a job?
My supervisor terminated me last Friday after what they called 'performance issues' but I think it was really because I questioned some safety protocols at our warehouse. I've been working there for 8 months and never had any written warnings or formal disciplinary actions. Can I still file for unemployment benefits through Washington ESD if I was fired? I'm worried they might deny my claim since it wasn't a layoff. Has anyone dealt with this situation before?
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Amy Fleming
Yes, you can definitely apply for unemployment even if you were fired. Washington ESD will investigate whether you were terminated for 'misconduct' or just poor performance. Performance issues usually don't disqualify you unless there was willful misconduct involved. File your claim as soon as possible since there's a waiting period.
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Juan Moreno
•That's reassuring, thank you! Should I mention the safety concerns I raised or just focus on the performance aspect when I file?
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Amy Fleming
•Be honest about everything. If you raised legitimate safety concerns, that could actually work in your favor. Document everything you remember about the termination.
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Alice Pierce
I got fired from my last job too and still got approved for UI benefits. The key is whether it was misconduct or not. Questioning safety issues definitely isn't misconduct - that's actually protected in most cases.
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Juan Moreno
•How long did it take for Washington ESD to make a decision on your claim?
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Alice Pierce
•Mine took about 3 weeks because they had to do an adjudication to investigate the termination. Be patient but keep filing your weekly claims.
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Esteban Tate
I tried calling Washington ESD for weeks when I had a similar situation and could never get through. Super frustrating when you need answers about your claim status. I ended up using this service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much time and stress.
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Ivanna St. Pierre
•Never heard of that before. Is it legit or one of those scam services?
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Esteban Tate
•It's totally legitimate. They just help you get through the phone queue to reach actual Washington ESD staff. I was skeptical at first too but it really worked.
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Elin Robinson
•Might have to try that if I can't get through on my own. The hold times are insane right now.
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Atticus Domingo
The specific terminology matters here. Washington ESD distinguishes between being 'discharged' for misconduct versus being terminated for other reasons. Misconduct has to be willful disregard of employer interests or deliberate violation of reasonable workplace rules. Performance issues or raising safety concerns don't qualify as misconduct.
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Juan Moreno
•So I should use the term 'discharged' rather than 'fired' when I file my application?
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Atticus Domingo
•The terminology you use isn't as important as being accurate about what happened. Washington ESD will get the employer's side of the story anyway during adjudication.
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Beth Ford
ugh this system is so confusing. why cant they just make it simple - if you lose your job you should get benefits period. instead they have to investigate everything and make you wait forever
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Amy Fleming
•I understand the frustration, but they have to prevent fraud and make sure benefits go to eligible people. The process exists for good reasons.
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Beth Ford
•i guess but when you have bills to pay waiting weeks for them to decide is brutal
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Juan Moreno
Update: I filed my initial claim online this morning. The system asked for details about my separation and I explained about the performance issues and safety concerns. Now it says my claim is pending and under review. Should I expect to hear something soon?
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Alice Pierce
•That 'pending' status usually means they're going to do an adjudication interview with both you and your employer. Could take 2-4 weeks unfortunately.
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Juan Moreno
•Ugh, that's a long time to wait with no income coming in. At least I filed though.
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Morita Montoya
•Make sure you keep filing your weekly claims even while it's pending! If you're approved, you'll get paid retroactively for those weeks.
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Kingston Bellamy
I work in HR and see this situation all the time. Employers often try to claim 'misconduct' to avoid their unemployment insurance rates going up, but Washington ESD investigators are pretty good at seeing through bogus misconduct claims. Your safety concerns actually strengthen your case.
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Juan Moreno
•That's good to know. I was worried my employer would make up stuff to try to disqualify me.
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Kingston Bellamy
•They might try, but you'll get a chance to tell your side during the adjudication process. Keep any documentation you have about the safety issues you raised.
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Joy Olmedo
Same thing happened to my brother last year. Got 'fired' for performance but it was really retaliation for filing a complaint with L&I about unsafe conditions. Washington ESD approved his claim after investigating. The employer's story didn't match the facts.
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Juan Moreno
•How long did the investigation take in his case?
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Joy Olmedo
•About a month total, but he got all his back pay once it was approved. Just had to be patient and keep documenting everything.
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Isaiah Cross
wait so even if you get fired you can still get unemployment?? i thought only layoffs qualified. this is news to me
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Amy Fleming
•Common misconception! You can get benefits after being fired unless it was for serious misconduct. Performance issues, attendance problems, or personality conflicts usually don't disqualify you.
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Isaiah Cross
•good to know! wish i had known this when i got canned from my last job 6 months ago
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Kiara Greene
The adjudication process can be stressful but it's actually designed to be fair. They'll interview you separately from your employer and compare the stories. If your employer can't prove willful misconduct, you should be approved. Safety whistleblowing is specifically protected.
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Juan Moreno
•Will I need a lawyer for the adjudication interview?
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Kiara Greene
•No, it's usually just a phone interview with a Washington ESD adjudicator. Just be honest and stick to the facts. Having documentation helps but isn't required.
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Evelyn Kelly
I'm dealing with a similar situation right now - got terminated for 'insubordination' but really I was just asking questions about why we weren't following OSHA guidelines. Been trying to reach someone at Washington ESD for two weeks to check my claim status. Thinking about trying that Claimyr thing someone mentioned earlier.
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Esteban Tate
•Definitely worth trying Claimyr if you can't get through on your own. I wasted so many hours on hold before I found them.
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Paloma Clark
•I used claimyr.com too when my claim was stuck in adjudication. Got through to an actual agent who explained what was happening with my case. Would recommend it.
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Heather Tyson
PERFORMANCE ISSUES ARE NOT MISCONDUCT. I see so many people think they can't get benefits after being fired but that's wrong!! Washington ESD has specific criteria for what counts as disqualifying misconduct and it's a pretty high bar.
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Juan Moreno
•What exactly counts as misconduct then?
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Heather Tyson
•Things like theft, violence, intentional damage to property, or deliberate violation of clearly stated policies. Not meeting performance standards or questioning safety practices definitely doesn't qualify.
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Raul Neal
My claim got approved after being fired and I still can't believe it lol. Thought for sure I'd be denied since it wasn't a layoff. The whole process took about a month but was worth the wait.
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Juan Moreno
•What was your termination reason if you don't mind me asking?
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Raul Neal
•They said I had 'attitude problems' because I kept pushing back on unsafe practices. Washington ESD saw right through it during adjudication.
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Jenna Sloan
The waiting is the worst part honestly. You're stressed about money and then have to wait weeks just to find out if you qualify. But based on what you described, you should be fine. Raising safety concerns is protected activity in Washington.
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Juan Moreno
•Yeah the financial stress is real. At least I know I did the right thing speaking up about the safety issues.
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Christian Burns
•Absolutely you did the right thing. Worker safety should always come first. Your former employer is probably just trying to intimidate future employees from speaking up.
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Sasha Reese
I went through this exact same situation 2 years ago. Got 'fired' for performance but it was really because I filed a complaint about safety violations. Washington ESD took about 3 weeks to investigate but approved my claim. The employer couldn't prove I did anything wrong.
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Juan Moreno
•Did your employer try to fight the decision?
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Sasha Reese
•They appealed it but lost. The hearing officer said questioning safety practices isn't misconduct and there was no evidence I willfully violated any policies.
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Juan Moreno
•That's encouraging to hear. Hopefully my case goes similarly smoothly.
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Muhammad Hobbs
For anyone reading this thread later - definitely file for unemployment even if you were fired. The worst they can do is deny you, but if you don't apply you definitely won't get anything. And like others said, performance issues rarely qualify as disqualifying misconduct.
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Noland Curtis
•Exactly! I know too many people who didn't even try to file because they thought being fired automatically disqualified them.
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Diez Ellis
•Yep, always worth applying. Washington ESD will do their investigation and make the determination. Better to try and get denied than not try at all.
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Vanessa Figueroa
Just want to add that if you do get denied initially, you can appeal the decision. Sometimes the first adjudicator gets it wrong or doesn't have all the information. The appeals process gives you another chance to present your case.
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Juan Moreno
•Good to know there's an appeal option. Hopefully it won't come to that but it's reassuring to know.
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Vanessa Figueroa
•Yeah, and if you do need to appeal, you can often represent yourself. The hearings are pretty informal and designed to get to the truth of what happened.
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Abby Marshall
Update us when you hear back OP! Always curious how these cases turn out, especially when safety concerns are involved. Sounds like you have a strong case based on what everyone's saying here.
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Juan Moreno
•Will do! Hoping to hear something in the next week or two. This thread has been really helpful and reassuring.
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Sadie Benitez
•Yeah, keep us posted. These kinds of threads are super valuable for people going through similar situations.
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