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Riya Sharma

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

I got terminated last month from my warehouse job for not meeting productivity targets. My supervisor said I wasn't keeping up with the required pick rate even though I was trying my best. The termination letter says 'performance issues' but doesn't mention anything about misconduct or willful behavior. I'm wondering if I can still qualify for unemployment benefits through Washington ESD? I've heard mixed things about performance-based terminations and whether they count as being fired 'for cause.' Has anyone been in this situation before?

Generally speaking, being fired for performance reasons doesn't automatically disqualify you from unemployment benefits in Washington. The key distinction is between being terminated for misconduct versus being terminated for inability to meet job requirements. If you were genuinely trying to do your job but couldn't meet expectations due to skill or ability issues, that's different from willful misconduct.

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That's reassuring to hear. I was definitely trying my hardest but the job was physically demanding and I have some mobility issues I didn't fully disclose during hiring.

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Yeah the Washington ESD looks at whether you were fired for misconduct connected with work. Poor performance usually isn't considered misconduct unless you were deliberately not doing your job.

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You should definitely apply for benefits. Washington ESD will review your case and make a determination. Your employer will have a chance to contest it, but the burden is on them to prove misconduct. Document everything you can about your termination and keep any performance reviews or warnings you received.

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I only got one written warning about two weeks before they fired me. Before that it was just verbal feedback during our weekly check-ins.

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That short timeline between warning and termination actually works in your favor. Shows they didn't give you adequate time to improve.

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I was in almost the exact same situation last year! Fired from a call center job for not meeting call resolution times. I applied for unemployment anyway and after about 3 weeks of adjudication, I got approved. The key was that I could show I was making efforts to improve and that I wasn't deliberately underperforming.

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How long did the whole process take from application to first payment?

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About 5 weeks total because of the adjudication process. My employer did contest it initially but Washington ESD sided with me.

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I'm going through something similar right now and having trouble getting through to Washington ESD on the phone to check my claim status. Been trying for weeks! I heard about this service called Claimyr that helps people get through to ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth looking into if you need to speak with someone directly about your case.

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Interesting, I haven't heard of that before. Is it legit?

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Yeah I used it last week and finally got through to an actual person at ESD. Way better than sitting on hold for hours.

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I've been calling ESD for three weeks straight with no luck. Might have to try this Claimyr thing too.

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The Washington ESD adjudication process for performance-related terminations typically takes 2-4 weeks. They'll contact both you and your employer to get statements. Be honest about what happened but emphasize that you were making good faith efforts to meet expectations. Poor performance due to lack of ability or training is not considered misconduct.

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Should I mention my mobility issues in my statement to ESD?

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If they were a factor in your performance issues, yes. That could actually strengthen your case since it shows the performance problems weren't due to willful misconduct.

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Make sure you file your claim as soon as possible! There's no benefit to waiting and you can always withdraw it if you find another job quickly. The worst they can do is deny it, but based on what you're describing, you have a decent chance of approval.

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Already filed it yesterday actually. Just anxious about the whole process now.

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Good move. Now just wait for the adjudication process to play out. Keep filing your weekly claims even during adjudication.

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Washington ESD looks at several factors: whether you violated company policy, whether you were aware of the expectations, whether you had the ability to meet them, and whether you made reasonable efforts to comply. Sounds like you meet most of those criteria in your favor.

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I was definitely aware of the expectations and was trying to meet them. The job just turned out to be more physically demanding than I anticipated.

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That's exactly the kind of situation where unemployment benefits are supposed to help. You didn't quit voluntarily and weren't fired for misconduct.

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UGH the Washington ESD phone system is THE WORST. I've been trying to get through for over a month about my own claim issue. The automated system just hangs up on you after being on hold forever. So frustrating when you actually need help!

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That's exactly why I ended up using Claimyr. Got tired of wasting entire days trying to call ESD.

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Yeah I saw your comment about that. Definitely going to check it out because this is ridiculous.

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Same here, I'm so done with calling ESD directly. Will try anything at this point.

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One thing to keep in mind - even if your employer contests your claim, that doesn't mean you'll automatically be denied. Washington ESD makes their own determination based on the facts. I've seen plenty of cases where employers contest but the claimant still gets approved.

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That's good to know. I'm worried my former employer will fight it just to be difficult.

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Many employers contest claims automatically as a matter of policy, but that doesn't mean they have a strong case. Focus on presenting your side clearly to ESD.

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Performance terminations are usually approvable for UI benefits unless there was willful misconduct involved. The fact that you got minimal warning suggests they didn't follow progressive discipline either, which helps your case.

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What exactly counts as 'willful misconduct'? I definitely wasn't trying to perform poorly.

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Willful misconduct means you deliberately violated company rules or standards. Simply being unable to meet performance standards doesn't qualify as misconduct.

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I got fired for performance issues from my retail job two years ago and was approved for unemployment. The key was showing that I was making efforts to improve but just couldn't meet their unrealistic sales targets. Took about a month to get through the adjudication process but it worked out.

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Did you have to provide any specific documentation during the adjudication?

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Just my termination letter and a statement explaining my side of the story. ESD handled the rest by contacting my employer directly.

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Similar situation here. Got approved even though my employer contested it. ESD saw that I was genuinely trying to do the job.

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Don't let them scare you with the 'performance' label. Unless you were sleeping on the job or deliberately sabotaging work, poor performance alone typically isn't enough to disqualify you from benefits. Washington ESD understands that not every job is a good fit for every person.

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That makes sense. I was definitely putting in effort, just couldn't keep up with their pace requirements.

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Exactly. There's a big difference between 'can't do the job' and 'won't do the job.' Sounds like you fall into the first category.

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File your weekly claims even during the adjudication period! A lot of people don't realize you need to keep certifying even while your claim is being reviewed. If you get approved, you'll get backpay for those weeks, but only if you filed the claims.

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Good point, I almost forgot about that. The weekly claims are still required even when it says 'adjudication in progress'?

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Yes! Always keep filing your weekly claims unless you're specifically told to stop. That's how you preserve your right to those benefit weeks.

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Washington ESD generally sides with workers in performance-based termination cases, especially when there's evidence the employee was making good faith efforts. Your situation sounds pretty straightforward for approval.

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I hope so. Really need these benefits while I look for something more suitable.

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That's exactly what unemployment insurance is for - to help people transition between jobs when termination wasn't due to their fault.

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I work in HR and can tell you that most performance-based terminations don't rise to the level of misconduct required to deny unemployment benefits. Your employer would need to prove you were deliberately underperforming or violating clear policies.

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That's reassuring coming from someone in HR. I was worried I might be wasting my time applying.

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Not at all. Apply for every benefit you think you might qualify for. Let the agencies make the determination rather than self-selecting out.

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Been there! Got terminated for not meeting sales quotas at my last job. Took forever to get through to someone at ESD to check on my claim status, but eventually got approved. The whole thing was stressful but worked out in the end.

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That's why I recommend Claimyr for anyone having trouble reaching ESD by phone. Saved me so much time and frustration.

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Wish I had known about that service when I was dealing with my claim. Would have saved me weeks of phone tag.

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The burden of proof is on your employer to show misconduct, not on you to prove you deserve benefits. Performance issues alone typically aren't enough unless they can demonstrate willful behavior or policy violations.

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So I don't need to prove I was trying hard enough? That's good because I was worried about how to document my efforts.

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Right, they need to prove misconduct. You just need to be honest about what happened and let Washington ESD make their determination.

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Keep your expectations realistic about timing. Performance-based termination cases often take longer to adjudicate because ESD needs to review the circumstances more carefully. Could be 3-5 weeks before you hear back.

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I can handle waiting a few weeks as long as there's a good chance of approval. Just don't want to get my hopes up for nothing.

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Based on what you've described, you have a solid case. Performance issues without misconduct are usually approvable.

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Make sure you're also doing your job search activities and logging them properly. Even during adjudication, you need to meet the work search requirements to remain eligible for benefits once approved.

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Good reminder. I've been applying to jobs but haven't been keeping detailed records. Need to start tracking everything properly.

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Yeah, Washington ESD can ask for your work search log at any time. Better to have it organized from the start than scramble later.

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honestly dont worry too much about it. i got fired for attendance issues last year which is way worse than performance and still got approved for unemployment. washington esd is pretty reasonable about these things

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That does make me feel better. I was thinking performance issues might be an automatic disqualification.

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Definitely not automatic. Each case gets reviewed individually based on the specific circumstances.

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