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Riya Sharma

Can you get unemployment if fired for performance issues in Washington?

Got terminated last Friday from my warehouse job for not meeting productivity standards. Manager said I wasn't keeping up with the quotas even though I was trying my best. Been there 8 months and this was my first job in this type of work. Now I'm wondering if I can even file for unemployment benefits with Washington ESD since I was fired? I know being fired for stealing or something would disqualify you but what about performance issues? Has anyone been in this situation before?

Yes, you can typically get unemployment if fired for performance issues. Washington ESD distinguishes between misconduct (which disqualifies you) and inability to perform the job. Performance problems usually fall under inability unless you were willfully negligent or refused to follow instructions.

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That's a relief to hear. I was definitely trying my best, just couldn't keep up with the pace they wanted.

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Yeah performance issues are usually not considered misconduct in Washington. You should be fine to file.

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I got fired for performance at my last job and Washington ESD approved my claim. The key is that you weren't fired for willful misconduct. Not being able to do the job well enough is different from refusing to do it or breaking rules on purpose.

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Did your employer try to fight your claim at all?

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They did submit their side of the story but Washington ESD sided with me since I was making an honest effort.

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Just went through this exact situation 2 months ago. Filed my claim and it took about 3 weeks to get approved. Washington ESD will contact your employer for their side but performance terminations usually don't count as misconduct. Make sure when you file to be honest about why you were fired but emphasize that you were making good faith efforts to improve.

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Three weeks isn't too bad. Mine took 5 weeks because they had to do a full investigation.

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Good to know about being honest. I was worried about how to explain it on the application.

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Had trouble reaching Washington ESD when my claim was under review for similar reasons. Kept getting busy signals and when I did get through the wait times were crazy. Found out about this service called Claimyr (claimyr.com) that helps you get through to actual agents. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Made it so much easier to check on my claim status.

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Is that service legit? Sounds too good to be true with how impossible it is to reach Washington ESD by phone.

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Yeah it's real, they basically call for you and connect you when an agent picks up. Saved me hours of trying to get through myself.

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washington esd is pretty reasonable about performance issues. i got fired from retail for being too slow and they approved my benefits right away. just file online and answer the questions honestly

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That's encouraging, thanks. I'll file this weekend.

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One thing to keep in mind - your employer might appeal if they think they can prove misconduct. If that happens, you'll get a hearing notice from Washington ESD. Don't panic if this happens, just make sure you participate in the hearing and explain your side.

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What happens if you miss the hearing? My old employer appealed my case but I never got the notice.

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You can request to reopen if you didn't get proper notice. Contact Washington ESD as soon as possible to explain the situation.

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Performance firing vs misconduct is a big difference. Misconduct would be like showing up drunk, stealing, fighting with coworkers, or intentionally not doing your job. Just not being fast enough or skilled enough isn't misconduct under Washington law.

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Exactly this. I work in HR and we rarely contest performance-based terminations for unemployment because we know Washington ESD won't consider it misconduct.

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That makes me feel a lot better about my situation.

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File ASAP because there's a waiting period and benefits are backdated to when you first filed, not when you were terminated. Also make sure you start doing your job search activities right away even while your claim is pending.

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How many job contacts do I need to make each week in Washington?

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It's 3 job search activities per week. Can be applications, interviews, networking events, etc. Keep good records.

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My cousin got fired for performance issues and Washington ESD approved his claim but then his employer appealed. He ended up having to do a phone hearing but won because he could prove he was trying to improve and following all the workplace rules.

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Phone hearings aren't that scary. Just be prepared to explain what happened and show you were making good faith efforts.

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The Washington ESD website has good info about what counts as misconduct vs. performance issues. Definitely worth reading before you file so you know what to expect.

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I'll check that out, thanks for the tip.

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Been through this twice unfortunately. First time was approved immediately, second time the employer contested it but I still won after providing documentation that I was following all procedures and trying to meet expectations.

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What kind of documentation helped your case?

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Performance reviews, emails showing I was asking for help/training, attendance records proving I wasn't missing work.

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Don't let your employer scare you into not filing. Some employers will hint that you won't qualify but they're often wrong about Washington ESD rules. Performance issues are totally different from misconduct.

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This is so true. My manager told me I wouldn't get benefits but Washington ESD approved me anyway.

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If your claim does go to adjudication don't stress too much. It just means they need to investigate before approving. Performance cases usually resolve in your favor unless there's evidence of willful misconduct.

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How long does adjudication usually take?

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Can be anywhere from 2-6 weeks depending on how complex the case is and their current workload.

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I used Claimyr when my performance-based termination claim was taking forever to process. Really helped me get through to someone at Washington ESD to check what was happening with my case. Turned out they just needed one more piece of info from my employer.

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How much does Claimyr cost?

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Check their website for current pricing, but it was worth it to avoid the phone hassle when I needed answers.

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Keep records of everything related to your termination - final paycheck, termination letter, any performance reviews or disciplinary actions. This stuff might be helpful if your claim gets contested.

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Good point, I still have my last performance review which wasn't terrible, just said I needed improvement.

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Washington state is generally pretty employee-friendly when it comes to unemployment. Unless you did something really bad like theft or harassment, you'll probably qualify even if you were fired.

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Yeah Washington ESD errs on the side of approving claims unless there's clear misconduct.

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Just make sure when you file to select the right reason for separation. There should be an option for 'fired/discharged' and then you can explain it was for performance issues, not misconduct.

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Thanks, I was wondering about how to categorize it on the application.

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Had a similar situation at a call center job. Got fired for not meeting call quotas but Washington ESD approved my benefits because I wasn't being willfully negligent, just couldn't handle the pace. Your situation sounds very similar.

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That does sound similar. Were you worried about filing at first too?

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Definitely, but my friend convinced me to file anyway and I'm glad I did. The worst they can do is say no.

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Whatever you do, don't wait to file thinking you might not qualify. File immediately and let Washington ESD make the determination. You lose potential benefit weeks by waiting.

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You're right, I'll file this weekend for sure. Thanks everyone for the advice!

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I've seen people get approved for unemployment after being fired for all kinds of performance issues - not meeting sales goals, being too slow, making mistakes, etc. As long as you weren't doing it on purpose or violating company policies, you should be fine.

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The key really is whether it was willful or not. Sounds like OP was genuinely trying their best.

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I definitely was trying my best, just wasn't cut out for that type of work I guess.

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You should definitely file for unemployment benefits. Performance-related terminations are generally not considered misconduct under Washington law. I was in a similar situation last year - got let go from a manufacturing job for not meeting production targets despite genuinely trying my best. Washington ESD approved my claim without any issues. The key distinction is that you weren't fired for willful misconduct (like stealing, insubordination, or intentionally not doing your job), but rather for not being able to meet the performance standards. Eight months of employment also shows you were making a good faith effort. File your claim as soon as possible since benefits are backdated to your filing date, not your termination date. Be honest about the reason for termination when filling out the application, and emphasize that you were making every effort to meet expectations. Good luck!

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This is really helpful advice! I was worried that being fired would automatically disqualify me, but it sounds like Washington ESD does make that important distinction between performance issues and actual misconduct. Your manufacturing job situation does sound very similar to mine - genuinely trying but just not able to keep up with the demands. I feel much more confident about filing now knowing that others have been successful with similar circumstances. Thanks for sharing your experience!

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