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Chloe Boulanger

Can you get Washington ESD unemployment if you are fired for performance issues?

My supervisor terminated me last Friday saying my work performance wasn't meeting expectations. They cited missed deadlines and quality issues over the past two months. I wasn't given any formal warnings or improvement plans - just verbal feedback that I thought I was addressing. Can I still file for unemployment benefits with Washington ESD? I'm worried they'll deny my claim since I was fired rather than laid off. Has anyone been in a similar situation?

Yes, you can definitely apply for unemployment even if you were fired for performance reasons. Washington ESD distinguishes between misconduct and poor performance. Performance issues usually don't disqualify you unless there was willful misconduct involved.

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That's reassuring to hear. Should I mention the performance issues in my application or just say I was terminated?

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Be honest in your application. Washington ESD will contact your employer anyway, so it's better to give your side of the story upfront.

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I got fired for performance last year and still got my UI benefits. The key is that it wasn't misconduct - just wasn't a good fit for the role.

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How long did it take for Washington ESD to make their decision on your claim?

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About 3 weeks. They did an investigation and interviewed both me and my former employer.

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Your claim will likely go into adjudication since there's a separation issue to investigate. Washington ESD needs to determine if your termination was due to misconduct or just inability to perform the job. Performance issues alone typically don't disqualify you.

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What exactly happens during adjudication? Do I need to provide any documentation?

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They'll review your case, possibly interview you and your employer, then make a determination. Keep any emails or documents about your performance discussions.

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I was in adjudication for 6 weeks last year and couldn't get through to anyone at Washington ESD to check on my claim status. Finally used a service called Claimyr that helped me reach 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.

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How much does something like that cost? I'm already stressed about money.

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It was worth it for me to get answers instead of calling hundreds of times. The agent was able to explain exactly what documents they needed for my adjudication.

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Never heard of that service but anything beats trying to call Washington ESD directly. Those phone lines are impossible.

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Drake

PERFORMANCE vs MISCONDUCT is the key difference here!!! Washington ESD looks at whether you were WILLFULLY doing something wrong or just couldn't handle the job requirements. Big difference in their determination.

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What would count as willful misconduct versus just poor performance?

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Drake

Misconduct would be like stealing, harassment, intentionally not following rules. Poor performance is just not being good at the job duties.

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same thing happened to me in march, filed my claim and got approved after they investigated. took forever though

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Did your employer fight the claim or provide any negative information to Washington ESD?

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yeah they told washington esd about the performance problems but since i wasn't stealing or anything they approved me

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File your claim as soon as possible. Even if it goes to adjudication, you want to get in the system. The sooner you file, the sooner your benefit year starts if you're approved.

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I'll file today then. Should I mention that I never received formal written warnings?

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Yes, include that detail. It strengthens your case that the termination was abrupt and not due to progressive discipline for misconduct.

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Don't get your hopes up too high. My friend got denied because her employer claimed she was 'insubordinate' when really she just questioned a policy change. These companies will say anything to avoid paying unemployment.

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That's exactly what I'm worried about. What if they exaggerate the performance issues?

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That's why Washington ESD does investigations. They don't just take the employer's word - they look at documentation and interview both parties.

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I work in HR and see this all the time. Pure performance issues without willful misconduct usually result in approved unemployment claims. The employer has to prove misconduct, not just poor work quality.

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That's helpful to know from someone on the employer side. What kind of documentation would prove misconduct versus performance?

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Misconduct requires evidence of deliberate policy violations, insubordination, or illegal activity. Performance documentation alone isn't enough to disqualify someone.

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been there. got fired from my retail job for 'performance' but really the manager just didn't like me. still got my benefits after they investigated

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How long did the investigation take in your case?

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like a month maybe? they called me once and asked questions about what happened

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Just want to add - if you do get stuck in adjudication like I did, that Claimyr service I mentioned earlier really helped me get through to Washington ESD. Worth looking into if you can't reach anyone for weeks.

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I might need to try that. Been calling Washington ESD for two weeks straight with no luck getting through.

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Yeah it's frustrating. The service basically calls for you until they get an agent on the line, then connects you. Saved me hours of redialing.

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Question - if you get approved for unemployment after being fired for performance, does that go on your record somehow? Like will future employers see that?

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No, unemployment benefit approvals are not visible to future employers. They're confidential between you and Washington ESD.

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Good to know, thanks. I was worried about that affecting job applications.

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The worst they can do is deny your claim, but you can always appeal if that happens. I'd definitely file and see what happens rather than assuming you don't qualify.

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How does the appeals process work if they do deny my claim initially?

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You get a hearing with an administrative law judge where you can present your case. Many people win on appeal even if initially denied.

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File ASAP! Even if there's any doubt, it's better to have the claim in process. I waited two weeks thinking I wouldn't qualify and regretted not filing sooner.

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You're right, I'll file today. Better to try and get denied than not try at all.

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Exactly. And like others said, performance issues are usually not disqualifying unless there was actual misconduct involved.

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My cousin used that claimyr thing someone mentioned and said it worked great. She was trying to reach Washington ESD about her adjudication for weeks before finding that service.

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I'm keeping that as a backup option if I can't get through myself. Thanks for the recommendation.

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Yeah definitely bookmark it. The Washington ESD phone system is brutal to navigate on your own.

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Important reminder - make sure you're doing your weekly claims even while in adjudication. You can't get back pay for weeks you didn't claim.

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Good point. I assume I'll need to keep doing job searches too even if my claim is pending?

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Yes, keep doing everything as if you're approved. Job searches, weekly claims, all the requirements.

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I got fired for attendance issues (which is performance-related) and still got approved. The key was proving it wasn't willful misconduct but health-related problems I was dealing with.

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That's encouraging. Were you able to provide medical documentation or was it just your testimony?

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I had some doctor notes but honestly Washington ESD seemed more interested in whether my employer followed progressive discipline procedures.

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From what I understand, Washington ESD has a pretty high bar for proving misconduct. They tend to give workers the benefit of the doubt in performance-related terminations.

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That makes me feel more optimistic about my situation. I definitely wasn't doing anything intentionally wrong.

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That attitude will help in your case. They're looking for intent and willfulness, not just inability to meet job standards.

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Bottom line - performance terminations usually qualify for unemployment unless there was misconduct. File your claim and let Washington ESD make the determination rather than guessing.

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Thanks everyone for all the advice. I'm going to file my claim right now and keep all the documentation I have about the termination.

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Smart move. Good luck with your claim and I hope the adjudication process goes smoothly for you.

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One last tip - when you file, be thorough but honest about what happened. Don't downplay the performance issues but make it clear there was no misconduct or willful violation of policies.

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Perfect advice. I'll focus on explaining that I was trying to improve but just wasn't meeting their expectations.

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Exactly. That shows good faith effort which Washington ESD looks favorably upon in these cases.

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