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Yuki Tanaka

Can you get Washington ESD unemployment for poor performance issues?

My supervisor at my retail job has been documenting everything I do wrong for the past two months. They claim my customer service scores are below average and that I'm not meeting sales targets. I think they're trying to build a case to fire me. If they terminate me for poor performance, would I still be eligible for unemployment benefits through Washington ESD? I've been at this job for almost two years and I really need the income if I lose it. Has anyone dealt with this situation before?

Generally speaking, poor performance alone doesn't disqualify you from unemployment benefits in Washington. The key distinction is between misconduct (which can disqualify you) and simply not meeting performance standards. If you were genuinely trying to do your job but just couldn't meet their expectations, that's typically not considered misconduct under Washington ESD rules.

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That's somewhat reassuring. I've been showing up on time and following all the rules, just struggling with the sales numbers they want.

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This is correct. Washington ESD looks at whether you were willfully violating company policy or being deliberately negligent, not just whether you were good at the job.

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I got fired for poor performance at a warehouse job last year and still got my unemployment approved. The employer tried to fight it but Washington ESD ruled in my favor because I wasn't doing anything intentionally wrong, just couldn't keep up with their pace requirements.

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Did the employer appeal the decision or just let it go?

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They appealed but lost at the hearing. I had documentation showing I was trying to improve and following their coaching.

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You should start documenting everything now. Keep copies of any performance reviews, coaching notes, or improvement plans they give you. If they do fire you and your claim gets denied, you'll need evidence for an appeal that shows you were making good faith efforts to meet their standards.

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Good idea. I've been saving emails about the coaching sessions but should probably print them out too.

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Also document any training they provided or failed to provide. If they didn't give you adequate training, that strengthens your case.

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Just went through this nightmare trying to reach Washington ESD about a similar situation. Spent hours on hold getting nowhere until I found Claimyr (claimyr.com). They actually got me through to an agent who explained exactly how performance vs misconduct works. There's even a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Worth checking out if you need to talk to someone at Washington ESD about your specific situation.

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Never heard of that service but sounds useful. The regular Washington ESD phone lines are impossible.

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Thanks for the suggestion. I might need that if my claim gets complicated.

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The employer has to prove misconduct, not just poor performance. Misconduct means things like stealing, fighting, being drunk at work, or deliberately violating clear company policies. Not hitting sales targets usually doesn't count unless you were obviously not trying at all.

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That makes sense. I've definitely been trying, just not succeeding at their level.

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Exactly right. I work in HR and we rarely even bother contesting unemployment claims for performance issues because we know we won't win.

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ugh this happened to my friend and the whole process was so stressful. even though she eventually got approved it took forever because her employer fought it

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How long did it take to get resolved?

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like 8 weeks because it went to a hearing. but she did get all the back pay once it was approved

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Washington ESD usually sides with the employee on performance issues unless there's clear evidence of willful misconduct. I've seen people get benefits even when they were legitimately bad at their jobs, as long as they were trying and not being deliberately problematic.

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This gives me hope. I'm in a similar situation at my office job where they're saying my data entry accuracy is too low.

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As long as you're following procedures and making genuine efforts to improve, accuracy issues alone typically won't disqualify you.

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The system is so messed up though. Employers document everything now to try to deny benefits even for honest workers who just struggle with unrealistic expectations.

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True but that's why Washington ESD looks at the actual facts, not just what the employer claims.

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I guess but it still puts workers through unnecessary stress and delays.

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Had this exact situation at a call center job. Got fired for low customer satisfaction scores but still got my unemployment because I was following all the scripts and procedures they taught me. The hearing officer said not being naturally good at sales isn't misconduct.

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That's encouraging. Did you have to provide any specific evidence at the hearing?

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Just showed that I was attending training sessions and following their coaching advice. The employer couldn't prove I was intentionally doing anything wrong.

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Whatever you do, don't quit before they fire you! If you quit you might not get benefits at all, but if they fire you for performance you'll probably be fine as long as it wasn't willful misconduct.

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Yeah I definitely won't quit. Even though it's stressful I need to let them make the decision to terminate me.

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Smart approach. Quitting makes everything much harder to prove.

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I tried calling Washington ESD about this same question last month and could never get through. Finally used that Claimyr thing someone mentioned here and actually got to talk to a real person who walked me through the whole misconduct vs performance distinction. Made the whole process way less scary.

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Good to know there are options for actually reaching someone when you need answers.

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The regular phone system is basically useless. At least there are alternatives now.

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Been through this twice unfortunately. First time I got denied initially but won on appeal. Second time got approved immediately because I had better documentation. The key is showing you were making good faith efforts to meet their standards.

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What kind of documentation helped the most?

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Email chains showing I was asking for help, training certificates, and performance improvement plans where I was meeting the intermediate goals even if not the final ones.

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honestly the whole unemployment system favors employees on stuff like this which is good because most performance issues are really about unrealistic employer expectations anyway

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Exactly. Especially in retail and sales jobs where the targets are often impossible for average workers.

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That's definitely how I feel about my situation. The sales goals seem designed to be unattainable.

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The misconduct bar is actually pretty high in Washington. I've seen people get benefits even after being written up multiple times for performance issues. As long as you weren't stealing, fighting, or doing something obviously against company policy, you're probably okay.

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That's reassuring. I've never had any disciplinary issues beyond the performance coaching.

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Performance coaching actually helps your case because it shows the employer knew it was a skills issue, not misconduct.

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Just make sure you apply for benefits immediately after you get fired. Don't wait thinking you might not qualify. Let Washington ESD make that determination and appeal if they deny you initially.

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Will do. I want to be prepared for when this happens.

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Also remember you have to keep doing job searches even if your claim is under review, so start tracking that stuff now.

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Used Claimyr when I needed to check on my claim status after a performance-related termination. The agent I talked to confirmed that Washington ESD rarely considers poor performance alone as disqualifying misconduct. Really put my mind at ease during a stressful time.

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Good to know that service works for different types of questions. Seems like getting actual information from Washington ESD is the hardest part.

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The phone system is definitely the biggest barrier to getting help when you need it most.

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Bottom line is that being bad at your job isn't the same as misconduct. If you were showing up, following rules, and trying to do the work, you should qualify for benefits even if you couldn't meet their performance standards.

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Thanks everyone for all the advice. This has really helped me understand what to expect and how to prepare.

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Glad we could help. The uncertainty is always the worst part of these situations.

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Keep your chin up. Performance issues happen to good people all the time, especially when employers set unrealistic expectations. The unemployment system recognizes this difference.

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I appreciate the encouragement. It's been really stressful wondering what would happen if I lose this job.

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You've got a good plan now and know what to document. That puts you in a much better position than most people in this situation.

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I went through something very similar at my previous job in food service. They were constantly critiquing my speed and efficiency, saying I wasn't keeping up with their standards. When they finally let me go, I was terrified I wouldn't get unemployment benefits. But Washington ESD approved my claim without any issues because I could show I was following all their procedures and trying my best to improve. The key thing that helped me was keeping records of all the training sessions I attended and the feedback meetings where I was asking questions about how to do better. Even though I wasn't great at the job, I was clearly making good faith efforts to meet their expectations, which is what matters for unemployment eligibility. Don't let them pressure you into quitting - make them fire you if that's what they're planning to do.

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