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Tyler Murphy

Can you get unemployment for being fired in Washington state?

I got terminated from my job last week and I'm not sure if I can file for unemployment benefits. My manager said it was due to performance issues but I feel like they never gave me proper training or clear expectations. Does Washington ESD approve claims when you're fired versus laid off? I've heard conflicting information about this and really need to know before I waste time applying.

Yes you can absolutely get unemployment if you're fired, but it depends on the reason. Washington ESD looks at whether you were fired for 'misconduct' or not. Performance issues usually aren't considered misconduct unless you were willfully not doing your job.

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That's helpful, thank you. How do they determine what counts as misconduct? I was trying my best but the job requirements kept changing.

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Misconduct has to be deliberate or willful violation of company policy. Poor performance due to lack of training or ability generally doesn't qualify as misconduct.

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I was in a similar situation last year. Got fired for 'not meeting expectations' but I filed anyway and got approved. The key is being honest on your application about why you were terminated and let Washington ESD investigate.

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Did your employer contest your claim? I'm worried they'll fight it and say I was fired for cause.

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They did contest it initially but after the fact-finding interview, Washington ESD sided with me. Just make sure you document everything and be truthful.

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The whole process of dealing with Washington ESD when there's a dispute is such a nightmare though. I spent weeks trying to get through to someone to explain my side of the story after being fired. Finally found claimyr.com which helped me get connected to an actual agent. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that service before, does it actually work? I've been calling Washington ESD for days with no luck.

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Yeah it worked for me. Saved me hours of redialing and actually got me through to someone who could review my case properly.

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Interesting, I'll check that out if I have trouble reaching them. Thanks for the tip.

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Here's what Washington ESD considers when you're fired: 1) Was it misconduct connected to work? 2) Was it deliberate disregard of employer's interests? 3) Was it a violation of reasonable company policy? Performance issues alone rarely meet these criteria unless there's evidence of willful negligence.

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This is really detailed, thanks. What if you were fired for attendance issues? I had some medical problems that caused me to miss work.

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Attendance due to medical issues is usually not considered misconduct, especially if you had valid reasons and tried to communicate with your employer about it.

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ugh the whole system is rigged against workers anyway. even if you get approved they'll probably find some reason to deny you later or say you owe money back

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That's not really accurate. While the system has issues, most legitimate claims do get approved if you follow the process correctly.

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easy for you to say, ive been dealing with their bs for months

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Thanks everyone for the responses. I'm feeling more confident about filing now. One more question - should I file immediately or wait a few days?

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File as soon as possible! You want to get your claim started right away since there's usually a one-week waiting period before benefits begin.

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Definitely don't wait. I made that mistake and it delayed everything by a week.

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My brother got fired from his warehouse job for 'safety violations' which was really just him not wearing safety glasses one time. Still got unemployment because it wasn't ongoing misconduct. Every case is different.

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Exactly right. One-time mistakes or isolated incidents usually don't constitute misconduct unless they're severe violations.

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That makes me feel better. My situation sounds similar - isolated performance issues rather than ongoing problems.

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Just went through this whole thing myself. Got fired in December and was approved for benefits in January. The key is documenting everything and being prepared for the fact-finding interview if your employer contests it.

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What kind of documentation should I gather? I don't have much from my job.

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Any emails about performance, write down dates and details of conversations with your supervisor, keep your termination letter if you got one.

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Also write down your version of events while it's fresh in your memory. Include names, dates, and specific incidents.

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The hardest part is actually reaching someone at Washington ESD when you need to discuss your case. I tried calling for literally 3 weeks straight before someone mentioned that Claimyr service to me. Game changer.

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

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It's worth checking out their site to see if it makes sense for your situation. For me it was definitely worth not spending hours on hold every day.

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been there done that. fired for 'attitude problems' which was really just me standing up for myself when they kept changing my schedule with no notice. Still got my benefits approved.

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How long did the whole process take from filing to getting your first payment?

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about 3 weeks total but that included the waiting week. would have been faster if my employer hadnt contested it initially

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Important to remember that even if you're initially denied, you can appeal the decision. I've seen people win on appeal even when the initial determination went against them.

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How long do you have to file an appeal if you get denied?

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You have 30 days from the date of the determination to file your appeal. Don't wait - file as soon as you get the denial notice.

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My advice is just be completely honest on your application. Don't try to sugarcoat what happened or make it sound better than it was. Washington ESD will find out the truth anyway when they contact your employer.

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That's good advice. I was worried about how to word everything but honesty is probably the best policy.

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Exactly. They've heard every story and they can spot BS from a mile away. Just tell the truth and let them make the determination.

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One thing to keep in mind is that getting fired doesn't automatically disqualify you, but getting fired for gross misconduct definitely will. Things like theft, violence, or illegal activity are automatic disqualifiers.

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My situation definitely wasn't anything like that, just performance-related issues. Sounds like I should be okay.

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Yeah, performance issues are usually fine unless there's evidence you were deliberately not doing your job or ignoring direct instructions.

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The fact-finding interview is crucial if your employer contests your claim. That's when you get to tell your side of the story directly to a Washington ESD investigator.

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Do they usually schedule those pretty quickly or does it take a while?

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In my experience it was about 2-3 weeks after filing, but it can vary depending on their workload.

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This is exactly why having a way to actually reach them is so helpful. Claimyr saved me when I needed to follow up on my interview scheduling.

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I work in HR and see this all the time. Most employers don't contest unemployment claims unless it was really serious misconduct. It's usually not worth their time and effort for performance-related terminations.

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That's reassuring to hear from someone on the employer side. I was worried they'd automatically fight it.

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Nah, unless there's documentation of serious policy violations or theft or something, most companies just let it go through.

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dont overthink it just file the claim and see what happens. worst case scenario they deny it and you appeal. best case you get approved right away

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You're right, I'm probably overthinking this. I'll file tomorrow morning.

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good luck! remember to keep filing your weekly claims even if theres a dispute going on

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The whole reason unemployment insurance exists is to help people who lose their jobs through no fault of their own. Getting fired for performance issues usually falls into that category unless you were being deliberately negligent.

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That's a good way to think about it. I definitely wasn't being negligent, just struggling with unclear expectations.

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Exactly. That's a failure of management, not misconduct on your part. You should be fine.

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Update us on how it goes! I'm always curious to hear how these cases turn out, especially for performance-related terminations.

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Will do! Thanks everyone for all the helpful information. Feeling much better about the whole situation now.

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Good luck with your claim. Remember the key is just being honest and thorough in your application.

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Last thing - make sure you start looking for work and logging your job search activities right away. You'll need to show you're actively seeking employment to keep receiving benefits.

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Good point, I need to register with WorkSource Washington too, right?

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Yes, you'll need to register there and log at least 3 job search activities per week to maintain eligibility.

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Actually it's now 2 job search activities per week as of 2023, but yes you definitely need to register and keep detailed records.

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Been following this thread and wanted to add one more thing - if you do get into a dispute with your employer, having access to actually talk to someone at Washington ESD makes a huge difference. That Claimyr thing mentioned earlier really does work, used it myself when I couldn't get through the normal way.

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Seems like several people have had success with that. I'll definitely keep it in mind if I run into issues getting through to them.

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