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Jade Santiago

Can you get Washington ESD unemployment for unsatisfactory work performance - got fired yesterday

My employer terminated me yesterday citing 'unsatisfactory work performance' after 8 months on the job. They documented a few incidents over the past 2 months but never put me on any formal improvement plan or gave written warnings. I wasn't stealing or doing anything intentionally wrong, just struggling to meet their productivity standards in my warehouse position. Can I still qualify for Washington ESD unemployment benefits or will they deny my claim for misconduct? Really stressed about this since I have rent due next week.

Generally speaking, unsatisfactory work performance is different from willful misconduct in Washington state. If you were genuinely trying to do the job but couldn't meet standards, that's usually not disqualifying misconduct for UI benefits. However, Washington ESD will investigate your separation reason during adjudication.

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That's somewhat reassuring. How long does the adjudication process typically take? I need to know if I should start looking for temporary work immediately.

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Adjudication can take 2-6 weeks depending on complexity. I'd recommend filing your claim immediately and starting job search activities regardless - you're required to be actively seeking work anyway.

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File your claim right away! The key distinction is between inability to perform vs. willful misconduct. If you were trying your best but just couldn't meet their standards, that's not misconduct. Washington ESD will contact both you and your employer during the fact-finding process.

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Should I be worried about what my employer might tell Washington ESD? They seemed pretty frustrated with my performance lately.

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Just be honest about what happened. If you were genuinely trying to do the job, that's what matters. Document your side of the story while it's fresh in your memory.

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I was in almost the exact same situation last year - fired for not meeting sales quotas at a retail job. Washington ESD approved my claim after about 3 weeks of adjudication. The employer has to prove you were willfully negligent or violated company policy, not just that you couldn't do the job well enough.

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Did your employer fight the claim? I'm worried they might contest it since they documented the performance issues.

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They did provide their documentation to Washington ESD, but since I wasn't insubordinate or violating rules, just struggling with performance, I still qualified. Having no written warnings or improvement plan actually helped my case.

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This gives me hope. I got fired from a customer service job for similar reasons - couldn't handle the call volume they expected but was never formally disciplined.

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If you're having trouble reaching Washington ESD to check on your claim status during adjudication, I discovered this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Was super helpful when I needed to provide additional information during my adjudication.

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How does that work exactly? I've been dreading trying to call Washington ESD if I need to provide more details about my termination.

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Basically they handle the calling for you and get you connected to an actual Washington ESD representative. Way better than sitting on hold for hours or getting disconnected.

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Never heard of this but might be worth checking out. I spent literally 6 hours trying to get through to Washington ESD last month.

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Make sure you file your weekly claims even during adjudication! A lot of people don't realize you have to keep certifying while they investigate your eligibility. If you're approved later, you'll get backpay for those weeks.

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Good point, I almost forgot about that. Do I need to be doing job searches during adjudication too?

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Yes, you need to be able and available for work and actively seeking employment. Keep a log of your job search activities in case Washington ESD asks for it.

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ugh the whole system is so confusing. i got fired for being late too many times but that was because my car kept breaking down. still dont know if ill qualify or not, been waiting 4 weeks for adjudication to finish

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Being late repeatedly could be considered misconduct depending on the circumstances. Did you communicate with your employer about the transportation issues and try to find solutions?

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i told them about my car problems but they said it was my responsibility to get to work on time. seems unfair since i couldnt control when my car broke down

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Unfortunately, chronic tardiness is often viewed as misconduct even when there are legitimate reasons. The key is whether you took reasonable steps to address the problem and communicate with your employer.

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Performance-related terminations are tricky. I've seen people get approved and denied for similar situations. Really depends on the specific facts and how Washington ESD interprets them. The good news is you can appeal if they deny your claim initially.

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How does the appeal process work if they deny me? Is it worth fighting or should I just move on and find another job?

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Appeals go to an administrative law judge who reviews the case independently. If you genuinely believe you weren't at fault, it's often worth appealing. You have 30 days from the determination to file an appeal.

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Been through this exact scenario. Key factors Washington ESD looks at: were you warned about performance issues, did you receive training, were you given opportunity to improve, was the termination consistent with company policy. Sounds like your employer didn't follow progressive discipline.

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That's exactly my situation - no formal warnings or improvement plan. They just documented a few incidents and then terminated me. Hopefully that works in my favor.

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Lack of progressive discipline definitely strengthens your case. Washington ESD expects employers to give employees reasonable opportunity to correct performance issues before termination.

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Whatever you do, don't delay filing your claim! Even if you're not sure about eligibility, file immediately. You can't get benefits for weeks before you file, even if you're eventually approved.

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Already filed online yesterday, just waiting for the adjudication interview now. Hopefully it doesn't take too long.

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Good! Make sure to answer your phone if Washington ESD calls for the fact-finding interview. Missing that call can delay your case even more.

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I'm actually dealing with something similar right now. Got let go from my accounting job for making too many errors on client files. No formal discipline either, just 'performance not meeting expectations.' Filed my claim 2 weeks ago and still waiting to hear back from Washington ESD.

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At least we're not alone in this situation. It's so stressful not knowing if you'll qualify. Have you been looking for work while waiting?

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Yeah, applying to jobs daily but the market is tough right now. Really hoping the unemployment comes through to help with bills while I search.

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Keep your chin up - sounds like both your situations would likely qualify. Genuine performance struggles without misconduct usually don't disqualify you from benefits.

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THE WHOLE WASHINGTON ESD SYSTEM IS A JOKE! They take forever to make decisions and half the time they get it wrong anyway. I got denied initially for a bogus misconduct determination and had to fight it for months before winning my appeal.

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I feel your frustration but that kind of attitude doesn't help people who are going through the process now. The system has issues but most legitimate claims do get approved eventually.

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Maybe you're right but it's infuriating how slow everything moves when people need help paying rent and buying groceries. The system needs major reform.

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Another option for getting through to Washington ESD if you need to speak with someone - I used Claimyr recently when I had questions about my job search requirements. Much easier than trying to call directly. You can check it out at claimyr.com.

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A couple people have mentioned this service now. Is it legitimate? I'm always skeptical of third-party services for government benefits.

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It's legit - they just help you get connected to actual Washington ESD staff. I was skeptical too but it worked exactly as advertised. Way less frustrating than the normal calling process.

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Document everything about your termination while it's fresh in your memory. Write down dates, what was said in meetings, any witnesses present, etc. This information could be crucial if Washington ESD needs clarification during adjudication.

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Good advice. I should probably write down exactly what my supervisor said when they fired me and the reasons they gave.

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Exactly. Also gather any emails or documents related to your performance that you might have saved. The more documentation you have, the better you can present your case.

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similar thing happened to my brother - got fired from construction job for not working fast enough. washington esd approved him but took like 5 weeks. just be patient and keep filing your weekly claims

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5 weeks feels like forever when you're stressed about money, but good to know there's hope. Thanks for sharing your brother's experience.

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yeah it sucks waiting but he eventually got all his back pay once they approved him. hang in there

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Remember that you can work part-time while receiving unemployment as long as you report the wages. Might be worth picking up some temporary or gig work while waiting for adjudication to finish.

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I've thought about driving for rideshare or delivery apps. Do I need to report that income even if it's just a few hours here and there?

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Yes, you need to report all earnings when you file your weekly claims. Washington ESD will reduce your benefit amount based on what you earn, but you can still receive partial benefits.

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One more thought - if your employer contests your claim and Washington ESD initially denies you, don't give up. The appeal process often results in overturned decisions, especially for performance-related terminations where there wasn't clear misconduct.

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Thanks for the encouragement. I really hope it doesn't come to that, but it's good to know appeals are an option if needed.

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Hopefully you won't need to appeal, but don't be intimidated by the process if you do. Administrative law judges review these cases fairly and often side with claimants when employers can't prove actual misconduct.

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Last tip - when Washington ESD calls for your fact-finding interview, be completely honest but stick to the facts. Don't volunteer negative information about yourself, but don't lie either. Focus on the lack of formal warnings and your genuine efforts to do the job.

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That's really helpful advice. I was worried about what to say in that interview. Should I mention that I was still learning the job after 8 months?

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You can mention that you were still developing your skills, especially if it was a complex position or you didn't receive adequate training. That actually supports your case that it was a performance issue rather than misconduct.

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And if you need to provide additional information after the interview, that's another situation where Claimyr can help you reach an agent quickly instead of spending hours on hold.

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