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Sean Murphy

Can you get unemployment if let go during probation period - Washington ESD eligibility?

Got terminated last Friday during my 90-day probation period at a retail job. Manager said I wasn't meeting sales targets but I felt like I was improving. This was my first job in 8 months so I really need the income. Can I still file for Washington ESD unemployment benefits even though I was let go during probation? I've heard conflicting things about whether probation periods affect your eligibility. Has anyone been in this situation before?

Yes, you can definitely file for unemployment benefits even if terminated during probation. Being on probation doesn't automatically disqualify you from Washington ESD benefits. The key question is whether you were fired for misconduct or just performance issues. If it was performance-related and not willful misconduct, you should be eligible.

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That's a relief! It was definitely performance related, not misconduct. I was trying my best but sales just weren't coming naturally to me.

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Same thing happened to my cousin - got benefits no problem after being let go during probation for not fitting the role.

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File your claim ASAP. Washington ESD looks at the reason for separation, not whether you were on probation. Document everything - save any emails or write down exactly what your manager told you about the termination. If they contest your claim saying it was misconduct, you'll need that documentation for any potential hearing.

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Good point about documentation. I do have the termination paperwork that says 'failure to meet performance standards' so that should help.

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Definitely save everything! I learned that lesson the hard way when my employer tried to fight my claim.

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I was in almost the exact same situation last year. Got let go after 6 weeks at a customer service job for 'not being the right fit.' Filed for unemployment immediately and had no issues getting approved. The employer didn't even contest it. Just make sure you're honest on your application about the reason for separation.

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That's encouraging! How long did it take for your claim to get approved?

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About 2 weeks. No adjudication or anything, just straightforward approval since it was clearly not misconduct.

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Just went through this nightmare myself. Spent WEEKS trying to get through to Washington ESD on the phone to check my claim status. The automated system kept hanging up on me and I could never reach a human. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to ESD agents. Used it twice and both times got through within an hour. There's a video demo at https://youtu.be/7DieNd3C7zQ if you want to see how it works.

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Never heard of that service before. Is it legit? I'm desperate to avoid the phone runaround if my claim gets stuck.

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Yeah it's totally legitimate. They basically handle the waiting and calling for you so you don't have to sit on hold all day. Saved me so much frustration.

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I'm skeptical of anything that costs money when dealing with unemployment but if it actually works...

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The probation period misconception comes up a lot. Employers sometimes think they can fire people without consequences during probation, but unemployment eligibility is based on misconduct standards, not employment status. Performance issues almost never qualify as misconduct unless there's clear evidence of willful disregard for the job duties.

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Exactly! My manager tried to tell me I couldn't get benefits because I was fired during probation. Total BS - got approved anyway.

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That makes sense. I was worried for nothing then. Going to file my application tonight.

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file asap because there's a waiting week and you want to get that started. even if theres any issues with your claim you want to get it in the system

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Good point about the waiting week. I'll file tonight so I don't lose any more time.

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UGH the whole system is so confusing. I got fired during probation too but for completely different reasons and I'm still not sure if I qualify. They said I had 'attendance issues' but I was only late twice and both times I called ahead. Do you think that counts as misconduct?

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Being late twice probably won't qualify as misconduct unless you were explicitly warned that tardiness would result in termination. File your claim and let Washington ESD make the determination.

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Thanks, I guess I'll file and see what happens. This whole thing is giving me so much anxiety.

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The key thing to remember is that Washington ESD wants to pay benefits to people who lost their jobs through no fault of their own. Performance issues during probation usually fall into that category unless you were deliberately doing a bad job, which obviously you weren't. You were trying to meet their standards and it just didn't work out.

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This is such a good way to think about it. Makes me feel less guilty about needing unemployment.

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I work in HR and see this situation constantly. Probationary periods are for the employer's benefit to evaluate fit, not to deny unemployment benefits. As long as the termination wasn't for gross misconduct (theft, violence, etc.), the employee is typically eligible for benefits. Performance-based terminations rarely qualify as misconduct.

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That's really helpful to hear from someone on the HR side. Definitely makes me feel more confident about filing.

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Thank you for clarifying this! I wish more employers understood this distinction.

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Been there!! Got canned after 3 weeks because I 'wasn't picking up the procedures fast enough' at a warehouse job. Filed immediately and got benefits. The employer didn't even respond to Washington ESD's request for information so it was automatically approved.

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That gives me hope! I'm worried my employer might try to contest it but maybe they won't bother.

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Most employers don't contest unless they think they have a really strong case for misconduct. Performance issues aren't worth their time to fight.

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Mei Liu

One thing to watch out for - make sure you understand the work search requirements once you start getting benefits. You'll need to do job search activities and keep track of them. Don't want to get tripped up later because you didn't know about that requirement.

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Good reminder! I remember having to do job searches when I was unemployed before. Is it still 3 job search activities per week?

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Mei Liu

Yes, still 3 per week. Make sure you document everything properly in WorkSourceWA.

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I tried using that Claimyr service someone mentioned earlier and honestly it was worth every penny. Got through to an ESD agent in like 45 minutes when I'd been trying to call for days. They helped me understand why my claim was in adjudication and what documents I needed to submit. Probably saved me weeks of stress.

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How much does it cost though? I'm already tight on money since losing my job.

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I can't remember the exact amount but it was reasonable considering how much time and stress it saved me. Check their website for current pricing.

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Just want to add that even if your claim gets denied initially, you can appeal! I got denied for a bogus 'misconduct' claim from my employer and won my appeal hearing. The Administrative Law Judge saw right through their BS story. Don't give up if you get an initial denial.

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Good to know about the appeal process. Hopefully it won't come to that but it's reassuring to know there are options.

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How long did the appeal process take? I'm dealing with something similar right now.

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About 6 weeks from when I filed the appeal to the hearing date. Then got my decision within a week after the hearing.

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does anyone know if you need to have worked a certain amount of time to qualify? i was only at my job for 2 months before getting fired during probation

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You need to meet the minimum earnings requirement in your base period, which is usually the first 4 of the last 5 completed quarters. Two months might not be enough depending on your earnings and work history.

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oh no i hope i made enough. guess ill find out when i apply

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This thread is so helpful! I'm in a similar boat - got let go after 6 weeks for 'cultural fit' issues. Sounds like I should definitely file. The worst they can do is say no, right?

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Exactly! And cultural fit definitely sounds like a performance/fit issue rather than misconduct. You should be good to go.

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Yeah definitely file! I'm feeling much more confident about my situation after reading all these responses.

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UPDATE: I found that Claimyr service really helpful too. Had a question about my weekly claim filing and couldn't get through the regular phone lines. Used Claimyr and got connected to someone who walked me through exactly what I needed to do. Wish I'd known about it sooner!

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Adding this to my bookmarks just in case. Thanks for the recommendation!

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The bottom line is that being terminated during probation doesn't automatically disqualify you from unemployment benefits. File your claim, be honest about the circumstances, and let Washington ESD make the determination. Most performance-based terminations during probation are approved for benefits.

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Perfect summary! I'm going to file my application right now. Thanks everyone for all the helpful advice!

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Good luck! Hope everything works out smoothly for you.

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One last tip - when you file your weekly claims, make sure you answer the separation question correctly. It will ask about the reason you're unemployed and you want to select 'laid off' or 'discharged' rather than anything that suggests misconduct.

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Thanks for that tip! I'll make sure to be careful with how I answer those questions.

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Really glad this thread exists. Going through something similar and all these responses have been super reassuring. Time to stop worrying and just file the claim!

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Same here! This community is so helpful for navigating these confusing situations.

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