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PixelPrincess

Can you get Washington ESD unemployment if terminated from your job?

I was terminated from my warehouse job last Friday for what they called 'performance issues' but I think it was really because I complained about unsafe working conditions. My supervisor said I was 'insubordinate' but I was just trying to follow safety protocols. Can I still file for unemployment benefits with Washington ESD? I've been working there for 2 years and never had any write-ups before this happened. Really stressed about how I'm going to pay rent next month.

Yes, you can typically file for unemployment if you were terminated, but Washington ESD will investigate the circumstances. The key question is whether it was 'misconduct' or not. Performance issues usually don't disqualify you unless there was willful misconduct involved.

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What exactly counts as misconduct? I was just trying to do my job safely.

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Misconduct has to be willful violation of company policy or deliberate wrongdoing. Following safety protocols isn't misconduct, even if your boss didn't like it.

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File immediately! Don't wait. Even if they try to fight it, you have rights. I got fired for 'attitude problems' last year and still got my benefits after an appeal process.

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How long did the appeal take? I'm really worried about the waiting period.

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About 6 weeks total but I got backpay for the whole time once it was approved.

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I had trouble getting through to Washington ESD when I needed to discuss my termination details during adjudication. Kept getting busy signals and disconnected calls. Finally used 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. Really saved me weeks of frustration trying to call on my own.

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How much does something like that cost? I'm already broke from being unemployed.

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Worth checking out their site for details, but for me it was way better than spending hours calling and never getting through.

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The employer can contest your claim and say it was misconduct, but you can appeal their decision. Document everything you remember about the termination - dates, witnesses, what was said. Safety complaints are usually protected activity.

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I did take some photos of the unsafe conditions on my phone. Would that help?

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Absolutely! Keep all that documentation. Photos, emails, text messages - anything that shows you were acting in good faith about safety.

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ugh the whole system is rigged against workers anyway. they'll probably side with the employer like they always do

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That's not true. Washington ESD actually sides with claimants in most termination cases unless there's clear misconduct.

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maybe but it's still a hassle and takes forever

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Update: I filed my claim online this morning. It says 'pending adjudication' now. How long does that usually take?

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Usually 2-4 weeks for termination cases. They have to contact your employer and get their side of the story.

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Make sure you keep filing your weekly claims even during adjudication! You won't get paid until it's resolved but you need to maintain your claim.

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I was in almost the same situation three months ago. Got terminated for 'poor attitude' but really it was because I questioned some billing practices. Filed for unemployment and got approved after they investigated. The key is being honest about what happened but explaining your side clearly.

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Did your employer fight it?

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They tried to but couldn't prove misconduct. Questioning unethical practices isn't grounds for benefit denial.

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That gives me hope. Thanks for sharing your experience.

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Wait so if you get fired you can still get unemployment? I thought only people who got laid off could get it.

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Common misconception! You can get benefits if terminated unless it was for misconduct. Even then, you can appeal if you disagree.

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Yeah, the rule is you have to be unemployed through no fault of your own. Poor performance usually doesn't count as 'fault' unless it was deliberate.

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Make sure you have your final paycheck details and any termination paperwork. Washington ESD will ask for specific information about your last day of work and final wages.

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They gave me a termination letter but it's pretty vague. Just says 'performance issues' with no specifics.

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That might actually work in your favor. Vague reasons make it harder for them to prove misconduct.

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Been there. Got 'let go' from my retail job for being late too many times (had car trouble). Still got unemployment because it wasn't willful misconduct, just circumstances beyond my control.

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How did you explain the car trouble to Washington ESD?

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Provided repair receipts and showed I was actively trying to solve the problem. They understood it wasn't intentional.

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Just remembered another tip - if you need to talk to someone at Washington ESD about your case, calling right when they open at 8am usually works better than later in the day. Though like I mentioned before, services like Claimyr can save you the headache of trying to time your calls perfectly.

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I tried calling at 8am sharp for three days straight and still couldn't get through. The phone system is ridiculous.

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Yeah that's exactly why I ended up using the callback service. Way less stressful than playing phone roulette.

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Don't let them intimidate you during the adjudication process. Answer questions honestly but don't volunteer information that might hurt your case. Stick to the facts about what happened.

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Should I mention the safety concerns in my statement to Washington ESD?

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Absolutely! That shows you were acting in good faith and following your duty to maintain a safe workplace.

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My brother got fired for 'insubordination' too but it was really retaliation for filing a workers comp claim. He fought it and won. Document everything and don't give up!

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How long did his case take to resolve?

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About 2 months total but he got all his back benefits once it was approved.

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just file and see what happens. worst case they deny it and you appeal. at least you'll know where you stand

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True, nothing to lose by trying.

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One more thing - keep track of all your job search activities from day one. Washington ESD requires proof that you're actively looking for work, even during the adjudication period. Three job contacts per week minimum.

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Do I need to start job searching immediately or can I wait until the claim is approved?

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Start immediately. You have to meet the work search requirements for every week you claim benefits, including retroactive weeks.

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I used to work in HR and saw tons of these cases. 'Performance issues' is usually code for 'we don't have a good reason to fire you.' Most of the time Washington ESD sees right through it.

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That's reassuring to hear from someone who's seen it from the employer side.

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Employers know it's hard to prove misconduct so they often don't even bother contesting legitimate claims.

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Whatever you do, don't badmouth your former employer during the investigation. Stay professional and factual. Let your documentation speak for itself.

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Good advice. I'm pretty angry about how they handled it but I'll keep it professional.

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Hope this works out for you. The whole process is stressful but most people who were legitimately wrongfully terminated end up getting their benefits eventually.

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Thanks for all the support everyone. This thread has been really helpful.

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Final update request - let us know how it turns out! Your case could help other people in similar situations.

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Will do! I'll post an update once I hear back from Washington ESD.

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Good luck! Remember that standing up for safety at work is the right thing to do, regardless of what happened with your job. Don't let this discourage you from speaking up in the future.

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Thanks. I definitely won't stop advocating for workplace safety, but I'll be smarter about how I approach it next time.

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