Can you get fired and collect unemployment in Washington?
My supervisor terminated me last Friday for what they called 'performance issues' but I think it was really because I questioned some safety procedures at our warehouse. I've been working there for 2.5 years with no previous write-ups. Can I still file for Washington ESD unemployment benefits even though I was fired? I'm really stressed about this because I have rent due next week and don't know if I'll qualify.
60 comments


Lia Quinn
Yes, you can definitely collect unemployment in Washington even if you were fired, as long as it wasn't for misconduct. Performance issues usually don't disqualify you from benefits. The key is whether your termination was for 'misconduct' which has a specific legal definition under Washington law.
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Jackie Martinez
•That's a relief! What exactly counts as misconduct? I was never disciplined or warned about my performance before this.
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Lia Quinn
•Misconduct has to be willful and deliberate violation of employer rules or standards. Poor performance, inability to do the job, or good faith disagreements usually don't qualify as misconduct.
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Haley Stokes
I went through something similar last year when I got terminated from my retail job. Washington ESD approved my claim even though I was technically 'fired' because it was due to poor sales numbers, not misconduct. File your claim ASAP - you can do it online at esd.wa.gov.
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Jackie Martinez
•How long did it take for your claim to get approved? Did your employer try to fight it?
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Haley Stokes
•My employer did contest it initially but Washington ESD ruled in my favor after about 3 weeks of adjudication. They interviewed both me and my supervisor.
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Asher Levin
The fact that you were questioning safety procedures might actually work in your favor if this goes to an appeal. Washington has strong worker protection laws and retaliation for safety concerns is illegal.
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Jackie Martinez
•I didn't even think about that angle. Should I mention the safety concerns when I file my claim?
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Asher Levin
•Absolutely mention it in your initial filing. Be specific about dates and what safety issues you raised.
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Serene Snow
If you need to talk to someone at Washington ESD about your specific situation, I'd recommend checking out Claimyr at claimyr.com. They helped me get through to an actual agent when I was stuck in adjudication hell for weeks. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Issac Nightingale
•Never heard of that service. Is it legit?
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Serene Snow
•Yeah it's real. Basically they handle the calling and waiting on hold for you so you can actually reach a human at Washington ESD instead of getting the busy signal for hours.
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Romeo Barrett
WAIT - were you part of a union? If so, you might want to contact your union rep before filing anything. They could help with both the unemployment claim AND potentially fighting the termination.
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Jackie Martinez
•No union unfortunately. It's a smaller warehouse operation.
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Romeo Barrett
•Okay, then definitely file for unemployment immediately. Don't wait around hoping they'll take you back.
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Marina Hendrix
I got fired from my last job for being late too many times (my own fault) and still got unemployment benefits. Washington ESD said chronic tardiness wasn't 'willful misconduct' in my case since I had documented transportation issues.
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Jackie Martinez
•That's encouraging. Did you have to provide documentation about your transportation problems?
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Marina Hendrix
•Yeah I had to show bus schedules and some receipts for car repairs. They were pretty reasonable about it during the fact-finding interview.
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Lia Quinn
One important thing - when you file your claim, be completely honest about what happened. Don't try to sugar-coat it or make yourself look perfect. Washington ESD will get your employer's side of the story anyway, so consistency is key.
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Jackie Martinez
•Good point. Should I mention that I think it was retaliation or just stick to the facts about my performance?
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Lia Quinn
•Mention both but focus on facts. Say what safety concerns you raised, when you raised them, and when the performance issues allegedly started.
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Justin Trejo
this is why i hate corporate america... they can just fire you for asking questions about SAFETY?? ridiculous
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Asher Levin
•Actually it's illegal in Washington to retaliate against employees for raising safety concerns. That's why the OP should definitely document everything.
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Justin Trejo
•good to know but most ppl dont have money to fight these things in court
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Haley Stokes
Make sure you apply for benefits online this week. There's a waiting week in Washington so the sooner you file, the sooner you'll see any money. Even if your employer contests it, you should still file right away.
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Jackie Martinez
•Is there any downside to filing if I'm not sure I'll qualify?
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Haley Stokes
•Nope, no downside at all. Worst case they deny it and you can appeal. Best case you get approved and start receiving benefits.
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Alana Willis
I was in a similar boat last year - fired for 'performance' but really it was because I wouldn't work unpaid overtime. Washington ESD sided with me after my employer tried to claim I was 'insubordinate.' The key was showing I was following company policy.
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Jackie Martinez
•How did you prove you were following policy? Did you keep documentation?
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Alana Willis
•I had emails and the employee handbook showing overtime had to be pre-approved. Always keep records of company policies!
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Issac Nightingale
honestly the whole system is set up to make it hard for workers... employers contest everything hoping ppl will just give up
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Lia Quinn
•That's why it's important to know your rights. Washington's unemployment system actually protects workers better than a lot of other states.
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Issac Nightingale
•true but you still gotta fight for it which is exhausting when youre already stressed about money
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Serene Snow
Update on the Claimyr thing - I used them again last month when I had questions about my job search requirements. Way better than trying to call Washington ESD directly and getting busy signals all day.
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Jackie Martinez
•How quickly were you able to reach someone through them?
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Serene Snow
•They got me connected to an Washington ESD agent within like 20 minutes. Saved me literally hours of calling and redialing.
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Tyler Murphy
Make sure you document EVERYTHING about your termination. Dates, times, who was present, what was said. If this goes to adjudication you'll want all the details fresh in your mind.
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Jackie Martinez
•I wish I'd thought of that before. I can remember most of it but not all the exact dates.
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Tyler Murphy
•Do your best to reconstruct the timeline. Check your work emails, text messages, anything that might have dates related to the safety issues you raised.
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Sara Unger
Quick question - were you fired or laid off? Sometimes employers say 'fired' when they really mean laid off due to lack of work, which is different for unemployment purposes.
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Jackie Martinez
•Definitely fired. They specifically said it was due to my performance not meeting expectations.
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Sara Unger
•Okay just checking. Performance-based terminations are usually eligible for benefits unless there's proven misconduct.
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Lia Quinn
One more tip - when you do your weekly claims (after your initial claim is approved), make sure you report any severance pay or vacation payout you received. It might delay your first payment but you have to report it.
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Jackie Martinez
•They didn't give me any severance, just my final paycheck. Do I need to report that?
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Lia Quinn
•Your regular final paycheck for hours worked doesn't need to be reported as 'other income' on your weekly claims. Only things like severance or unused vacation time.
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Butch Sledgehammer
Ugh this brings back memories of when I got canned from my accounting job. Took 4 weeks for Washington ESD to make a decision but they approved me even though my boss claimed I was 'unreliable.
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Jackie Martinez
•Four weeks?? That's a long time to wait when you need money for bills.
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Butch Sledgehammer
•Yeah it sucked but they paid me retroactively for those weeks once it was approved. Just had to tighten the belt for a month.
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Freya Ross
Don't let them intimidate you! File your claim and let Washington ESD make the decision. Employers love to make workers think they can't get benefits after being fired but that's not true.
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Jackie Martinez
•Thanks for the encouragement. I was definitely feeling defeated about this whole situation.
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Freya Ross
•You got this! Document everything and be honest in your filing. The system is there to help workers, not just employers.
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Leslie Parker
btw if you end up needing to appeal the decision, you can represent yourself at the hearing. i did it last year and won even though my employer had a lawyer
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Jackie Martinez
•That's good to know. How did you prepare for the hearing?
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Leslie Parker
•just organized all my documentation chronologically and practiced explaining what happened clearly and calmly
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Sergio Neal
Remember you can also file an appeal if Washington ESD initially denies your claim. A lot of people don't realize they have that right and just give up after the first decision.
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Jackie Martinez
•How long do you have to file an appeal if they deny it?
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Sergio Neal
•You have 30 days from the date on the determination letter to file an appeal. Don't wait until the last minute though.
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Savanna Franklin
File ASAP! I waited a week after getting fired thinking I might get rehired and it just delayed everything. Washington ESD can backdate your claim to when you were terminated.
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Jackie Martinez
•Thanks, I'll file today. Better to get the process started even if it takes a while to get approved.
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Savanna Franklin
•Exactly! And keep looking for work while you wait. You'll need to show job search activities anyway once benefits start.
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