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Yara Nassar

Can you get unemployment from being fired - Washington ESD eligibility rules?

I got terminated from my job last week and I'm not sure if I can file for unemployment benefits with Washington ESD. My manager said I was let go for performance issues but I feel like it was really because they were cutting costs. Does anyone know if you can still get UI benefits if you were fired? I've never had to deal with this before and I'm really stressed about paying my bills.

Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will look at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were willfully not doing your job.

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That's reassuring to hear. They said performance but I was trying my best, just had a really hard time with the new software system they implemented.

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Definitely file your claim right away. Even if they deny it initially, you can always appeal if you think the termination wasn't justified.

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You should absolutely file your claim as soon as possible. Washington ESD distinguishes between being fired for misconduct vs. being fired for other reasons like poor performance, company restructuring, or inability to do the job. The key is whether your actions were willful and substantial violations of company policy.

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How do I prove it wasn't misconduct? Should I gather any documentation before I file?

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Keep any performance reviews, emails about your termination, and documentation of your work. If they claim misconduct, Washington ESD will investigate and contact both you and your employer.

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I was in a similar situation last year. Got fired for allegedly not meeting sales quotas but it was really because they were eliminating positions. I filed anyway and after going through adjudication, Washington ESD approved my claim. The whole process took about 3 weeks but I got all my back pay.

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Did you have to provide a lot of documentation during the adjudication process?

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They asked for my version of events and any supporting documents. My former employer tried to fight it but couldn't prove I did anything wrong on purpose.

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3 weeks for adjudication? Mine took 6 weeks! But yeah, definitely worth fighting if you know you weren't fired for actual misconduct.

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If you're having trouble getting through to Washington ESD to file your claim or check on status, I found this service called Claimyr that helped me get through to an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Really saved me hours of trying to call myself.

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

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It's legitimate, they just help you get through the phone queue. I was skeptical at first too but it actually worked when I needed to talk to someone about my adjudication.

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The important thing is to file immediately even if you're not sure about eligibility. You can't get benefits for weeks you don't claim, so don't wait. Let Washington ESD make the determination about whether your firing disqualifies you.

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This is so true! I waited 2 weeks thinking I wasn't eligible and lost out on those benefits forever.

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I'm going to file today then. Better to try and get denied than not try at all.

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Make sure you understand the difference between being fired and being laid off when you file your claim. If it was really about cost-cutting or restructuring, that's more like a layoff even if they called it a termination.

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They said it was performance but they also just hired a cheaper replacement with less experience. Does that help my case?

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That definitely sounds like they were just looking for reasons to replace you with someone cheaper. Mention that in your claim.

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ugh the whole misconduct thing is so confusing. I got fired for being late too many times but I had legit transportation issues. Washington ESD still approved my claim because I wasn't being late on purpose to avoid work.

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Wow really? I would have thought chronic lateness would automatically disqualify you.

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That's what I thought too but apparently intent matters a lot. If you're not trying to avoid work or violate policies on purpose, it's different.

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Just file the damn claim already. Worst case they say no and you appeal. Best case you get approved right away. There's literally nothing to lose by filing.

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You're right, I'm overthinking this. Filing today for sure.

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One more thing - when you file, be completely honest about the circumstances of your termination. Don't try to hide anything or spin the story. Washington ESD will investigate anyway and dishonesty can disqualify you even if the original firing wouldn't have.

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Good point. I'll just tell them exactly what happened and let them decide.

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Yeah honesty is key. They usually contact your former employer anyway so lies always come out.

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Been through this twice unfortunately. First time I got denied because I was fired for violating safety rules (totally my fault). Second time I got fired for 'attitude problems' which Washington ESD said wasn't misconduct. Really depends on the specific situation.

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What counts as misconduct exactly? Is there a list somewhere?

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It's basically willful violations of company policy or deliberate actions that harm the employer. Performance issues usually don't count unless you're intentionally doing bad work.

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File your weekly claims right away even while they're deciding on your eligibility. If you get approved later, you'll get paid for those weeks. If you don't file them, you can't go back and claim them later.

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Wait really? You can file weekly claims before they approve your initial claim?

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Yes, as long as you've submitted your initial application. The system will hold those weekly claims until they make a decision.

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If Washington ESD takes forever to make a decision, that Claimyr service someone mentioned earlier is really helpful for getting through to ask about your claim status. I used it when my adjudication was taking too long and finally got some answers.

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

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It's worth checking out their site, they explain how it works. For me it was better than spending entire days trying to get through on my own.

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My brother got fired for sleeping on the job and still got unemployment because he had a medical condition causing the fatigue. Context matters a lot with these decisions.

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That's interesting. I didn't know medical issues could be a factor.

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Yeah if there are underlying reasons for performance issues that aren't your fault, definitely mention those in your claim.

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Bottom line - file the claim, be honest, and don't assume you're not eligible just because you were fired. Let Washington ESD make that determination. You might be surprised by the outcome.

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Thanks everyone for all the advice. I'm filing my claim right now. Wish me luck!

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Good luck! Come back and let us know how it goes.

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Also remember you have to do the job search requirements even while your claim is being adjudicated. Don't slack on that part or you could get disqualified for other reasons.

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How many job searches do I need to do per week in Washington?

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It's usually 3 job search activities per week but check your account on Washington ESD for the exact requirements for your situation.

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One last tip - if they do deny your claim, don't give up. The appeal process exists for a reason and lots of people win their appeals even after initial denials.

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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 letter to file your appeal with Washington ESD.

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Good luck OP! The uncertainty is the worst part but at least you're taking action now instead of just worrying about it.

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Yeah the waiting and not knowing was killing me. At least now I'll have an actual answer one way or another.

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If you need help navigating the Washington ESD website or have trouble with the online filing, there are also WorkSource offices that can help you file in person. Sometimes talking to someone face to face makes the process easier.

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That's good to know. I'll keep that in mind if I run into issues with the online system.

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Update us when you hear back! These threads are so helpful for people in similar situations.

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Will do! Hopefully I'll have good news to share in a few weeks.

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