Can you get Washington ESD unemployment when fired - need advice fast

Yes, you can absolutely file for unemployment even when fired! Washington ESD looks at whether the termination was for 'misconduct' - performance issues usually don't qualify as misconduct unless it was willful negligence. The fact that you think it's retaliation for safety complaints could actually help your case. File your claim immediately, don't wait.

I got fired for attendance issues last year and still got my benefits. The key is being honest about what happened but also explaining your side. If your employer contests it, you might have to go through adjudication but that's normal.

Just went through this exact situation with Washington ESD. If you're having trouble getting through to talk to someone about your case, I found this service called Claimyr that actually got me connected to an ESD agent within minutes instead of waiting on hold for hours. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me so much frustration trying to get answers about my claim status.

Performance issues vs misconduct is a huge distinction with Washington ESD. Misconduct has to be willful and substantial - just being bad at your job doesn't count. If they're claiming performance but you suspect retaliation, document everything you can remember about the timeline of events.

ugh the whole system is such a nightmare, they make you jump through so many hoops even when you clearly deserve benefits. I got fired for 'insubordination' which was really just me refusing to work overtime without pay and it took forever to get approved

One thing to remember is that your employer will get notified when you file and they can contest it. They'll probably claim it was for cause but Washington ESD investigates both sides. Having that OSHA complaint documented in your favor is actually really good.

If you do end up needing to talk to Washington ESD about your case and can't get through the regular phone lines, definitely try that Claimyr service I mentioned earlier. The phone system is completely overwhelmed and sometimes you need to actually speak to someone to get things moving.

Update: I filed my claim online this morning. The questions were pretty straightforward about why I was terminated. I explained the performance issue claim but also mentioned the timeline with the safety complaint. Now it says my claim is under review - is that normal?

same thing happened to my brother except it was for questioning management decisions, took like 6 weeks to get approved but he got all the back pay

Just want to say good for you for reporting safety violations! Too many people stay quiet because they're afraid of exactly what happened to you. At least now you have unemployment as a safety net while you look for something better.

Make sure you start looking for work right away even while your claim is processing. Washington ESD requires job search activities and it's better to get ahead of that requirement. Keep a log of everywhere you apply.

The whole misconduct standard is really employer-friendly unfortunately. They have to prove it was willful and work-related but a lot of employers will try anyway. Sounds like you have a good case though with the timing of everything.

Whatever you do, don't miss any of the weekly claim certifications once you start receiving benefits. Missing even one can mess up your whole claim and you have to start over.

I got terminated for 'poor attitude' which was really just me asking questions about policies. Took 2 months to get approved but Washington ESD eventually saw through their BS excuse. Document everything and be patient.

Pro tip: if your employer contests your claim and you have to do a hearing, treat it seriously. Have your documentation ready and be professional. The hearing officers are usually fair but you need to present your case clearly.

Been following this thread and wanted to mention that if you need to actually speak to someone at Washington ESD about your case, that Claimyr thing mentioned earlier really does work. I used it last month when my claim got stuck in adjudication and couldn't get through the regular way.

Don't forget you might be eligible for other assistance while waiting for unemployment to kick in. Food assistance, utility help, etc. Check with local social services if money gets tight.

Hope everything works out for you! The fact that you were willing to report safety violations shows you're a good employee who cares about doing the right thing. Any decent employer would want someone like that.

Just remember that even if your claim gets approved, it might take a few weeks for the first payment to come through. Plan accordingly and don't expect money immediately.

One last thing - keep copies of everything. Your termination paperwork, any emails about the safety complaint, your unemployment application, everything. You never know what you might need later if there are complications.