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Libby Hassan

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

Just got terminated from my retail job yesterday for what they called 'performance issues' - basically they said I wasn't meeting sales targets consistently. I've been working there for 8 months and this is my first time dealing with unemployment. Can I still file for benefits with Washington ESD even though I was fired? I'm really stressed about paying rent next month and don't know what my options are. Has anyone been in a similar situation?

Yes you can usually still get benefits even if you were fired, but it depends on the reason. If it was for poor performance rather than misconduct, you should be eligible. Washington ESD will review your case during adjudication.

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That's a relief to hear. How long does the adjudication process usually take?

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Usually 2-4 weeks in my experience, but it can vary depending on how busy they are.

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Yes, you can absolutely get unemployment benefits even if you were fired, but it depends on WHY you were fired. Washington ESD looks at whether the termination was for 'misconduct' or not. If you were fired for poor performance (not your fault) or questioning safety issues (which sounds like protected activity), you should be eligible. You'll need to file your claim and explain your side of the story.

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That's reassuring, thanks! Should I mention the safety concerns when I file my claim?

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Definitely mention it. Questioning unsafe working conditions is usually considered protected activity and shouldn't disqualify you from benefits.

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Yes, you can still apply for Washington ESD unemployment even if you're fired. The key is whether it was for 'misconduct' or not. Attendance issues might not qualify as misconduct depending on the circumstances. You should definitely file a claim and let Washington ESD decide.

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That's a relief to hear. I was worried I'd be automatically disqualified. How long does it usually take for them to make a decision?

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Usually takes about 2-3 weeks for adjudication if there's a separation issue. Make sure you report the real reason you were fired when you file your claim.

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File your claim ASAP! The sooner you apply, the sooner your benefit year starts. Being fired for performance issues is different from being fired for misconduct - performance issues typically won't disqualify you from UI benefits.

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Should I file online or call Washington ESD directly?

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Definitely file online first at esd.wa.gov - it's much faster than trying to get through on the phone.

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I was in a similar situation last year - got fired for 'attitude problems' but really it was because I complained about wage theft. Washington ESD approved my claim after an adjudication period. Just be honest about what happened and provide any documentation you have.

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How long did the adjudication take? I'm worried about how I'll pay bills while waiting.

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Mine took about 3 weeks. The waiting is stressful but hang in there.

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Just went through this myself! Got fired for 'insubordination' but it was really retaliation. Here's what helped me: I couldn't get through to Washington ESD on the phone for weeks to check my claim status. Finally used this service called Claimyr (claimyr.com) that connects you directly to ESD agents. Watched their demo video (https://youtu.be/7DieNd3C7zQ) and it actually worked - got through the same day and was able to explain my situation properly to a real person.

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How much does that cost? I'm already broke from being fired.

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It's worth it when you consider how much time you save vs calling for hours every day. Plus if your claim gets approved faster, you get your benefits sooner.

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Interesting, I might look into that if I can't get through on my own.

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I got fired last year for performance issues and still got approved for unemployment. Washington ESD looks at each case individually. The important thing is being honest about what happened when you file your weekly claims.

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

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They did contest it initially, but after the adjudication process I was approved. Just make sure you have documentation of any childcare issues that caused your attendance problems.

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The key thing Washington ESD looks at is whether you were fired for 'misconduct.' Performance issues usually don't count as misconduct unless you were deliberately doing bad work. Safety concerns definitely shouldn't disqualify you - that's actually whistleblower protection territory.

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What exactly counts as misconduct though? I'm worried they'll say questioning my boss was insubordination.

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Misconduct has to be willful and work-related rule violations. Raising legitimate safety concerns isn't misconduct - it's often legally protected.

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ugh the system is so confusing... I got fired for being late too many times (my car kept breaking down) and they denied my unemployment. Had to appeal and everything. But questioning safety stuff is totally different - that should definitely qualify you.

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Did you win your appeal?

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Yeah eventually but it took forever and was super stressful

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I was in almost the exact same situation last year. Got fired from my warehouse job for not meeting productivity standards. Washington ESD approved my claim after about 3 weeks of adjudication. The key is being honest about why you were terminated when you file.

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Did your employer contest your claim at all?

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They didn't contest it. I think they knew it was performance-related rather than misconduct.

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Same thing happened to my brother - employer didn't fight it because they knew it wasn't misconduct.

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If you're having trouble reaching Washington ESD to discuss your situation, I had good luck with Claimyr recently. It's a service that helps you get through to actual ESD agents instead of waiting on hold forever. Check out claimyr.com - they even have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Never heard of that before. Is it legit or just another scam?

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It's legitimate, I used it when my claim was stuck in adjudication for weeks. They don't ask for any personal ESD info, just help you get connected to speak with someone.

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Interesting, might try this if I run into issues. The Washington ESD phone lines are impossible to get through on.

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I struggled for weeks trying to get through to Washington ESD when I had questions about my firing situation. Finally found this service called Claimyr that helped me connect with an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process so much easier.

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How much does something like that cost? I'm trying to save every dollar right now.

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It was worth it for me to get my questions answered quickly instead of spending hours on hold. Check out their site for details.

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Never heard of that service but anything to avoid the phone maze sounds good to me.

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File your claim ASAP - you want to get the process started even if there might be an adjudication. The sooner you file, the sooner you'll potentially start receiving benefits. Don't wait thinking you might not qualify.

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Good point, I'll file tonight. Do I need any specific documents?

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Have your termination paperwork if you got any, and be ready to provide your employment history for the past 18 months.

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GETTING FIRED DOESNT AUTOMATICALLY DISQUALIFY YOU!!! I see this misconception all the time. Washington ESD has specific rules about what counts as misconduct. Being late due to childcare is way different than stealing or fighting at work.

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Thank you for clarifying that! I was panicking thinking I'd have no income at all.

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Yeah the misconduct bar is pretty high in Washington. Most people who think they can't get UI actually can.

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My brother got fired for 'performance' last month and his Washington ESD claim was approved no problem. Like others said, performance issues aren't misconduct. The employer has to prove you did something deliberately wrong.

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That's good to hear! How long before he started getting payments?

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I think it was like 2-3 weeks after filing, no adjudication needed in his case

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I'm in a similar situation - might get fired for missing too many days when my kids were sick. Have you looked into documenting your childcare issues? Like doctor notes for sick kids or daycare closure notices?

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I do have some documentation but not for every instance. Should I start gathering that stuff now?

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Definitely start documenting everything you can. Even if you don't have past records, having a pattern of legitimate childcare issues helps your case.

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Good advice. Washington ESD adjudicators look at the whole picture, not just the employer's side of the story.

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BE CAREFUL - employers often fight unemployment claims from fired employees. Make sure you document everything about the safety issues you raised. Save any emails, texts, or written warnings. You might need them if your employer contests the claim.

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I do have some emails about the safety concerns I raised. Should I upload those with my application?

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Keep them ready - you might not need them for the initial filing but if there's an adjudication or appeal, they'll be crucial.

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This is good advice. Documentation is everything when dealing with wrongful termination situations.

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The Washington ESD system is SO confusing when you're dealing with termination situations. They ask all these detailed questions about the circumstances and I never know if I'm answering correctly.

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Just be completely honest about what happened. They'll investigate and make their determination.

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I guess I'm just worried they'll think it was my fault somehow.

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Performance issues vs misconduct is a HUGE distinction in unemployment law. Misconduct is things like stealing, harassment, showing up drunk, etc. Not meeting sales targets is just poor performance and won't disqualify you.

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This is really helpful - I was worried they'd consider it misconduct.

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Yeah misconduct has to be willful and work-related. Poor performance doesn't count.

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Exactly right - there's a big legal difference between the two categories.

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The whole system is rigged against workers anyway. Employers can fire you for basically anything and then try to block your unemployment. It's ridiculous that we even have to worry about this stuff.

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I mean, yeah it sucks but at least Washington state is more worker-friendly than some places.

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True, could be worse. At least we have decent unemployment benefits here.

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I'm dealing with something similar right now. Got fired for 'attitude' but really it was because I wouldn't work unpaid overtime. Been trying to call Washington ESD for days to check on my claim status but keep getting disconnected after waiting on hold forever.

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That's exactly why I used Claimyr - saved me literally hours of calling. The connection to ESD agents is immediate and you can actually get your questions answered.

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I might have to try that. This phone system is ridiculous.

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Same here, been calling for a week straight. Might be worth paying to actually talk to someone.

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Washington ESD has a whole section on their website about misconduct vs non-misconduct terminations. Definitely check that out before you file so you know what to expect. But from what you described, you should be fine.

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I'll look that up, thanks for the tip!

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The website info is helpful but sometimes talking to an actual person is better for complex situations like this.

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ugh the whole unemployment system is such a mess... took me forever to figure out if I qualified when I got let go

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Right? It's stressful enough being unemployed without having to navigate all the bureaucracy.

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for real... and then waiting weeks to find out if you even qualify

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Make sure you have all your employment documentation ready when you file - pay stubs, termination letter if you got one, etc. Washington ESD might ask for verification during the adjudication process.

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Good point - I should gather all that stuff tonight.

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Yeah better to have it ready than scramble for it later if they request it.

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File immediately after you get fired, don't wait. There's a waiting week anyway so the sooner you file the sooner you might see benefits. Even if they initially deny you, you can appeal the decision.

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How long do I have to file after getting terminated?

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You should file within the first week if possible. The system is set up to start your claim from when you file, not when you were actually fired.

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Been through this exact scenario. Got fired for attendance, filed for UI, went through adjudication, and got approved. The key was explaining that my absences were due to legitimate childcare emergencies, not just being irresponsible.

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That gives me hope! How long did the whole process take from filing to getting your first payment?

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About 5 weeks total including the waiting week and adjudication time. Felt like forever but it worked out.

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Whatever you do, don't lie on your application. Be honest about being fired and why. Washington ESD will find out anyway when they contact your employer, and lying will definitely disqualify you.

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Absolutely, I plan to be completely honest about everything.

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Good approach. Honesty is always the best policy with unemployment claims.

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My sister used that Claimyr thing someone mentioned earlier when she couldn't reach Washington ESD about her disqualification. Worked really well - she got through to an actual person who explained exactly what she needed to do for her appeal.

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How much does it cost? I'm already broke so I can't afford expensive services.

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I think it's pretty reasonable, definitely worth it if you're stuck and need to actually talk to someone at ESD. Way better than calling 200 times and never getting through.

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File immediately! Don't wait even a day. Your benefit year starts the week you file, not when you were terminated. Every day you delay is money potentially lost.

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I'm planning to file first thing tomorrow morning.

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Good plan - the online system is usually less busy early in the morning too.

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I made that mistake and waited a week to file - definitely cost me money.

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Just want to add that even if your claim gets initially denied, you can appeal. I know several people who won their appeals after being fired. The appeals process gives you a chance to tell your side of the story properly.

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Good to know there's a backup plan if needed.

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Appeals can take a while though, so hopefully it doesn't come to that.

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True, but it's better than giving up if you have a legitimate case.

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The fact that you were questioning safety practices actually works in your favor. Most states, including Washington, have protections for employees who raise safety concerns. That's not misconduct - that's being a responsible employee.

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That makes me feel a lot better about my chances. Thanks everyone for all the advice!

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You should definitely qualify. File that claim and don't stress too much about it.

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One more thing - make sure you keep filing your weekly claims even if your initial claim is under adjudication. You don't want to miss out on benefits you're entitled to.

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I didn't know about that, thanks for the heads up!

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Yeah, that's important. Keep filing weekly even while they're reviewing your case.

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This happened to my coworker last month - she got fired for attendance issues (not misconduct though) and her claim was approved. The adjudication process was nerve-wracking but she got her benefits.

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That gives me hope! Did she have to do an interview or anything?

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I think they just reviewed the documentation - no interview needed in her case.

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Been following this thread and wanted to mention that Claimyr thing again - I used it last month when I couldn't get through to discuss my job search requirements. Super easy to use and actually got connected to someone who could help immediately. Sometimes it's worth paying a little to avoid the endless phone tag with Washington ESD.

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I'm convinced. Going to try it if I can't get through on my own this week.

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Seems like a lot of people have had success with it. Good to know it's an option.

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Whatever you do, don't lie on your application. Be honest about getting fired and why. Washington ESD will find out anyway when they contact your employer, and lying will definitely disqualify you.

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Good point. I'll make sure to be completely truthful about everything.

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Exactly. Honesty is always the best policy with unemployment claims.

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Start looking for new jobs right away too. Even if you get approved for UI, you'll need to show you're actively job searching to keep getting benefits. Washington ESD requires work search activities.

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Yeah I've been applying to places already just in case. Do I need to keep a log of my job searches?

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Yes, keep detailed records of every application, interview, and job search activity. You might get audited and need to prove your work search efforts.

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The job search requirements are pretty specific too - make sure you understand what counts as valid work search activities.

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I've been in HR for 15 years and I can tell you that most attendance-related terminations don't rise to the level of misconduct for UI purposes. Unless you were deliberately no-showing without any reason, you'll probably be fine.

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That's really reassuring coming from someone in HR. I always tried to call in when I couldn't make it.

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Yeah, the fact that you were communicating about your absences shows good faith effort.

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Check if your employer has any kind of attendance policy that accounts for childcare emergencies. Some places have more flexible policies that might help your case if you do get fired.

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I'll look into that. Our employee handbook is pretty basic but maybe there's something I missed.

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Even if the policy isn't great, showing that you tried to work within their system can help your UI claim.

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Another option is to see if you can work something out with your employer before getting fired. Maybe reduced hours or flexible scheduling? It's worth asking before they terminate you.

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I might try talking to my manager tomorrow. At this point what do I have to lose?

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Exactly, and if they do fire you anyway, at least you can show Washington ESD that you tried to resolve the issue.

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Used Claimyr when I was dealing with an overpayment issue that Washington ESD said I owed them. Got connected to someone who actually looked at my case and realized it was their error. Saved me from having to pay back $2,800.

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Wow, that's a huge amount! I'm definitely bookmarking that site in case I need it.

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Good to know there are options if I run into problems. Thanks for sharing your experience.

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The most important thing is to file your weekly claims on time every week once you're approved. Missing even one week can mess up your whole claim and you'll have to start over.

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I'll definitely keep that in mind. What day of the week do you have to file?

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You can file your weekly claim starting Sunday for the previous week. I always do mine Sunday morning so I don't forget.

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Don't stress too much about it. The unemployment system isn't perfect but it's there to help people in situations like yours. Just be honest, file promptly, and follow the rules.

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Thanks for the encouragement. This whole thread has been really helpful and made me feel less panicked about the situation.

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That's what this community is for! We've all been through tough employment situations and it helps to share experiences.

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Remember you'll need to do your weekly claims and job search requirements even while your initial claim is in adjudication. Don't skip those steps or it could delay your benefits.

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Good to know - I didn't realize I had to do weekly claims before approval.

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Yeah you have to keep filing weekly even during adjudication or you'll miss out on those weeks.

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And make sure you're doing your job search activities - they're pretty strict about that now.

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I used that Claimyr service someone mentioned earlier when I had questions about my termination case. Saved me so much time compared to trying to call Washington ESD directly. The phone system there is impossible.

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Did they actually help you get through to someone who could answer specific questions?

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Yes! Got connected to an actual ESD agent who could look at my case and explain exactly what was happening with my adjudication.

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The Washington ESD adjudication process for termination cases is actually pretty fair in my experience. They really do investigate whether it was misconduct or just performance issues. Don't stress too much about it.

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Thanks for the reassurance - I've been really anxious about this whole thing.

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Yeah they're looking for evidence of willful wrongdoing, not just being bad at your job.

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Make sure when you file that you're totally honest about the circumstances. If they find out later that you weren't truthful, that's when you can get in real trouble with overpayments and stuff.

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Definitely planning to be completely honest about everything.

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Good approach - they'll probably contact your employer anyway to verify your story.

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Anyone know if there's a difference between being 'terminated' vs 'fired' when filing with Washington ESD? My termination letter says 'separated' but I was definitely fired.

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The terminology doesn't matter as much as the reason for the separation. Just explain what actually happened.

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Yeah they care about the circumstances, not the exact wording your employer used.

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I tried calling Washington ESD for hours when I was in a similar situation. Finally gave up and used Claimyr to get through. Worth every penny to actually talk to someone who could help instead of getting hung up on constantly.

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The phone situation sounds terrible - glad there are alternatives.

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File online at secure.esd.wa.gov - that's the main portal. Have your Social Security number, employer info, and last day worked ready. The whole process takes about 30-45 minutes if you have everything prepared.

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Perfect - I'll get all that information together tonight and file tomorrow morning.

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Also have your bank account info ready if you want direct deposit - much faster than waiting for a debit card.

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Just remember that even if you're approved, you won't get paid for the first week (waiting week). So your first payment will be for week 2 of your claim.

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Good to know - I was wondering about timing of the first payment.

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Yeah the waiting week catches a lot of people off guard - plan accordingly.

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The bottom line is that performance-related terminations usually qualify for unemployment benefits in Washington. You should be fine as long as you file promptly and are honest about what happened.

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Thanks everyone for all the advice and reassurance - this has been incredibly helpful!

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Good luck with your claim! Hope everything works out quickly for you.

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Update us on how it goes! Always curious to hear how these cases turn out.

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Will do - I'll post an update once I hear back from Washington ESD about my claim status.

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