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

That's reassuring, thank you! What exactly counts as misconduct in Washington ESD's eyes?

Misconduct is usually things like theft, violence, repeated tardiness after warnings, or willful violation of company rules. Poor performance or inability to meet expectations generally isn't misconduct.

Did your employer try to fight it? I'm worried they'll contest my claim.

They did contest it initially, but Washington ESD still approved me. They interviewed both me and my former supervisor over the phone. Just stick to the facts.

Is that legit? Sounds too good to be true tbh

I was skeptical too but it actually worked. Got through to an agent in like 15 minutes instead of spending hours calling.

Oh no, I didn't know that! I'll file today then. Thanks for the warning!

Yes, the waiting week is gone but you still need to file quickly. Don't let time pass unnecessarily.

What exactly counts as misconduct? I was never written up formally, just had a few conversations about my work pace.

Misconduct has to be willful and substantial. Poor performance due to inability rather than unwillingness usually doesn't count as misconduct. Safety concerns you raised might actually work in your favor.

That's encouraging to hear! So even though they said 'for cause' I might still have a chance? How do I make sure I explain the car trouble situation properly on my application?

Exactly - be honest about the attendance issues but explain the circumstances. Document any proof you have about the car problems (repair receipts, etc.) in case they request more information during adjudication.

That's reassuring! It was just performance related, nothing like misconduct. How do I prove that when I file my claim?

When you file your initial claim on the Washington ESD website, just be honest about the reason for separation. If your employer contests it, there will be an adjudication process where both sides present their case.

How long did the appeal take? That sounds stressful.

About 6 weeks total but I got backpay for the whole period once I won. The hearing was over the phone and pretty straightforward.

Same thing happened to me. The appeal hearing was actually easier than I expected. Just be prepared to explain your side clearly.

How long did the investigation take? I'm worried about paying bills while waiting.

Mine took about 3 weeks for adjudication but I got backpay for the whole period once approved.

How long did the whole adjudication process take for you? I'm in a similar boat and getting anxious about how long I'll be without income.

Mine took about 3 weeks but I've heard it can vary. The hardest part was actually getting through to Washington ESD when I had questions about my claim status. Calling their main number was impossible.

If you're having trouble reaching Washington ESD by phone, I actually found this service called Claimyr that helped me get through to an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of busy signals and getting hung up on.

That's really helpful insight from someone who knows the employer side. Makes me feel more confident about applying.

Question for you - do employers have to provide documentation when they contest a claim?

Yes, we have to provide whatever documentation we have that supports the misconduct claim. Performance reviews, write-ups, attendance records, etc.

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

About 2 weeks, but I've heard some people wait longer if there's an issue that needs adjudication.

What if your employer lies about the reason they fired you? Can they just make stuff up to prevent you from getting benefits?

They can try, but Washington ESD investigates these claims. If there's a dispute, you'll have a chance to present your side during the adjudication process. Keep any documentation you have about your employment.

That sounds helpful! I'm hoping I won't need to call but it's good to know there are options if I do.

I've heard mixed things about those calling services. Are they legit?

Yeah it's totally legitimate. They just help you get through the phone system - you still talk directly to the ESD agent yourself. Worth it when you need answers and can't get through on your own.

Is that legit? Sounds too good to be true with how impossible it is to reach Washington ESD.

I was skeptical too but it actually worked. Just helps you get through the phone maze, doesn't cost a fortune either.

Nope! There's a big difference between being fired for misconduct versus being fired for other reasons like poor performance, attendance issues, or just not being a good fit. Washington ESD evaluates each case individually.

damn I wish I knew this 6 months ago when I got canned from my warehouse job

Wow, three times? What were you fired for if you don't mind me asking?

first one was layoffs, second was attendance, third was 'attitude problems' whatever that means. none were misconduct so i qualified each time

How many jobs do you have to apply to per week?

It's 3 job search activities per week minimum, but they don't all have to be applications. Can include networking, attending job fairs, etc.

I didn't know about the backdating! I was going to wait until I was sure I qualified. I'll file this weekend.

Yes, definitely file right away! I made that mistake and lost out on a week of benefits because I waited.

I never thought of it as whistleblowing but I guess that's kind of what it was.

Document everything you can remember about those safety conversations and when they happened.

This is really helpful. So when I file my initial claim, should I mention the car trouble specifically or just stick to basic facts?

Be honest but concise in your initial application. If they need more details, they'll ask during the adjudication process. Don't overthink it - just state that you were terminated for attendance issues due to transportation problems.

Have you tried using that Claimyr thing someone mentioned earlier? Might be worth a shot if you can't get through normally.

haven't heard of it but I'll check it out. anything is better than sitting on hold for 3 hours

Is there anything specific I should say or avoid saying on the application?

Just be honest and factual. Don't embellish but don't undersell your situation either. Stick to what actually happened.

And make sure you have your employment history ready - you'll need dates, wages, and reason for separation for your recent jobs.

Good to hear another success story. Starting to feel more optimistic about this.

Usually yes, if there's no contest from the employer and you meet all the other requirements (earned enough wages, able and available for work, etc.), your claim should be approved pretty quickly.

That makes sense. I guess most employers don't bother contesting unless it was for something serious.

Do they calculate it automatically or do I need to provide all that information?

They pull most of it from employer records but it's good to have your own documentation as backup.

Did your employer try to fight it when you filed?

yeah they contested but esd sided with me after looking at everything

It's never too late to learn for next time! The worst they can do is say no, but you might be surprised. I know several people who got approved after being fired.

Yeah I definitely will if anything happens again. Still working at my current place but good to know for the future.

Should I mention the safety concerns I raised or just stick to what they officially said about performance?

Mention both - the official reason they gave AND your concerns about retaliation for safety issues. Give them the full picture.

This is good advice. I tried to sugarcoat my situation and it backfired during adjudication.

What kind of evidence did you provide to prove it wasn't misconduct?

Emails showing I was doing my job properly, witness statements from coworkers, documentation of the toxic environment.

How do you file weekly claims if your case is still under investigation?

You just file them normally. If there's a hold on your account due to adjudication, you won't get paid until it's resolved, but you need to keep filing to maintain your claim.

You're right - nothing to lose by trying. Thanks for the encouragement!

When do I start filing weekly claims? Right after I submit the initial application?

Yes, you'll get instructions after you file your initial claim. Usually you file weekly claims on Sundays for the previous week.

That's exactly my situation - quota/performance issues. Really appreciate hearing from someone with the same experience.

Same here. Got fired for 'not being a good fit' which was basically performance and still got approved.

How much does something like that cost?

They focus on the value of getting through rather than cost. For me it was worth it to avoid spending days trying to reach someone.

That's reassuring. I was worried they'd automatically deny anyone who got fired.

Nah, they investigate each case individually. The burden is on the employer to prove misconduct.

That's terrible they fired you for speaking up about safety! Glad you still got benefits though.

You might have had a wrongful termination case there too, not just unemployment benefits.

I thought about it but honestly I just wanted to move on and find a better job. The unemployment helped bridge the gap.

Two weeks sounds reasonable. I'm hoping for a smooth process like yours!

My ex-boss did mention something about fighting any unemployment claim. Guess I shouldn't worry about that?

Exactly. Their threats don't mean anything. Washington ESD will investigate fairly regardless of what your employer says.

You should try that Claimyr service I mentioned earlier. Seriously saved my sanity when I needed to talk to someone at Washington ESD about my termination case.

I'll check it out, thanks. Getting desperate to talk to an actual person there.

Oh man, they do phone interviews? That sounds stressful. What kinds of questions did they ask?

Pretty straightforward stuff - just wanted to hear both sides of what happened. The adjudicator was actually really fair about it. And yeah, I ended up using Claimyr again to schedule the call back because trying to reach Washington ESD directly was hopeless.

How long do you have to file an appeal if you get denied?

I think it's 30 days from when you receive the determination letter, but don't quote me on that. You'd want to check the exact timeframe on the Washington ESD website or call them to confirm.

I have some emails where I brought up the safety concerns. Should I submit those with my application?

Definitely save those for when Washington ESD contacts you during adjudication. They'll want to see any evidence that supports your version of events.

Definitely file! 'Poor attitude' is very subjective and would be hard for an employer to prove as willful misconduct. Washington ESD looks for concrete examples of behavior that deliberately harmed the employer's interests.

Thanks for the encouragement. I was so embarrassed about getting fired that I didn't even consider unemployment as an option.

Doctor's notes would definitely help your case if some of your absences were due to illness. Keep copies of everything - medical documentation, repair receipts, anything that shows your absences weren't just due to not wanting to work.

ok good, i was worried those wouldn't matter since i already got fired

Two weeks in adjudication sounds about normal from what I'm reading here. Hang in there!

Yeah I'm trying to be patient. At least I know there's still hope based on everyone's experiences here.

If you need to check on your adjudication status and can't get through the regular phone lines, that Claimyr service I mentioned earlier worked great for me. Way better than sitting on hold for hours just to get disconnected.

That makes me feel a lot better. I did always call in when I was going to be late, so hopefully that shows I wasn't just being irresponsible.

Exactly - the fact that you communicated shows good faith effort. That's very different from just not showing up without notice.

right?? i feel like this should be more common knowledge

Unfortunately there's a lot of misinformation out there. Even some employers incorrectly tell people they can't get unemployment if they're fired. Always worth applying and letting Washington ESD make the determination.

That's good to know. I was worried that if my old employer contested it, I'd automatically lose.

Nope, contesting just triggers the adjudication process. The adjudicator will look at all the evidence from both sides before making a decision.

Start looking right away! In fact, Washington ESD requires you to be actively seeking work to qualify for benefits. You'll need to log your job search activities each week when you file your weekly claim.

oh ok good, i already started applying places so glad to know that's the right thing to do

A waiting period even if I get approved? Is that just standard for everyone?

Yeah I believe there's typically a one-week waiting period for all new claims, regardless of why you're unemployed. It's not additional punishment for being fired, just standard procedure.

Oh that's a really good point! I was thinking I should wait until I had all my documentation together but sounds like I should just go ahead and file.

Exactly - you can always provide additional documentation later if they request it during adjudication. No point in delaying.

I got denied once for what they determined was gross misconduct - I got fired for getting into an argument with a customer that got pretty heated. That was clearly different from attendance issues though.

Yeah that makes sense. Sounds like there's a big difference between that kind of situation and something like chronic tardiness.

This whole thread has been so helpful. I feel way more confident about filing now. Thank you everyone for sharing your experiences!

Good luck with your claim! Hope it goes smoothly for you.

And remember, if you run into any issues reaching Washington ESD during the process, don't hesitate to try that Claimyr service. Made my whole experience way less stressful when I needed to actually talk to someone.

How did the adjudication interviews go? I'm nervous about having to explain everything.

Just be honest and stick to facts. They're not trying to trick you, they just want to understand what really happened.

That's not really true. There are strict guidelines about what constitutes misconduct. It's not just arbitrary.

Maybe but I've seen too many good people get screwed over by petty managers.

No waiting period for filing. You should file immediately after your last day of work. There is a one-week waiting period before you can receive benefits, but that starts from when you file.

Good to know, thanks! I was confused about that.

Thanks everyone for all the advice. I'm going to file my claim today and see what happens.

Good luck! Remember to keep filing your weekly claims even during adjudication and document everything about your termination.

How long do you have to file an appeal if they deny you?

You have 30 days from the date of their decision letter to file an appeal. Don't wait - file it right away if you disagree with their decision.

Absolutely worth trying. You've paid into the unemployment insurance system - don't let fear stop you from accessing benefits you may be entitled to.

Worst case scenario they say no and you're in the same position you're in now. Best case you get benefits while you look for new work.

I might need that if my case goes to adjudication and I need to explain the safety issue stuff.

Yeah exactly, it's really helpful when you have a complex situation that needs explanation beyond what you can put in the online forms.

Good luck to both of us! Let me know how it goes if you don't mind.

Will do! Hopefully we both get approved without too much hassle.

That's good insight from the employer side! Do most companies contest unemployment claims?

In my experience, we only contest claims when there was clear misconduct - theft, violence, serious policy violations. For regular performance terminations, it's usually not worth the time and effort to contest.

Oh no! Three weeks in adjudication sounds stressful. Have you been able to get any updates from Washington ESD?

I've tried calling but can never get through. The online account doesn't show any updates either. Just says 'adjudication in progress' with no timeline.

This is exactly why I mentioned Claimyr earlier! When you're stuck in adjudication and can't get through to ESD, that service is a lifesaver. I was able to talk to an actual person and get updates on my case.

Great advice! I'll write down everything I remember about the meeting where they fired me.

Good to hear another success story! Sounds like most performance-related firings don't disqualify you.

How many job contacts do you need per week in Washington?

I think it's 3 per week but check the Washington ESD website to be sure. They can ask for your job search log at any time.

That's encouraging! It sounds like they really do investigate the circumstances rather than just automatically siding with employers.

You're right, I'm probably overthinking this. I'll file my application this weekend. Thanks everyone for all the helpful advice!

Good luck! The process isn't as scary as it seems once you get started.

How much do these services cost? I'm already tight on money after getting fired.

I don't remember the exact cost but it was worth it for me to get my issue resolved quickly rather than spending weeks trying to get through on my own. Sometimes you just need to talk to a real person at ESD.