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Aliyah Debovski

Can you get unemployment if you are fired in Washington state?

I got terminated from my job last week and I'm not sure if I can even file for unemployment benefits. My manager said I was let go for 'performance issues' but honestly I think it was more about the company downsizing. I've heard conflicting things about whether you can get Washington ESD benefits if you're fired vs laid off. Does anyone know the actual rules? I really need to know if it's worth applying or if I'll just get denied.

Yes, you can definitely get unemployment benefits even if you were fired, as long as it wasn't for misconduct. Performance issues usually don't count as misconduct under Washington ESD rules. The key is whether you were fired for something you did wrong on purpose or if it was due to inability to do the job, company needs, etc.

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That's a relief to hear. What exactly counts as misconduct then? I was never written up for anything serious.

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Misconduct has to be willful or deliberate violation of company policy. Things like theft, harassment, showing up drunk, or repeatedly ignoring direct orders. Poor performance or not being a good fit usually aren't misconduct.

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File immediately! Don't wait. Washington ESD will investigate and make the determination. Even if your employer contests it, you have a good chance if it was truly performance-related. I was fired for 'not meeting expectations' and still got approved after they reviewed everything.

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How long did the investigation take? I'm worried about paying bills while waiting.

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Mine took about 3 weeks for adjudication. You should file right away because benefits are backdated to when you first became eligible, not when you're approved.

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Yes, you can definitely apply for unemployment benefits even if you were fired. Washington ESD doesn't automatically disqualify you just because you were terminated. The key question is whether you were fired 'for cause' - meaning serious misconduct like theft, violence, or deliberate policy violations. Performance issues usually don't qualify as misconduct unless they were willful.

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That's reassuring to hear. The termination letter just says 'failure to meet performance standards' but I was never given any formal warnings or put on a performance improvement plan.

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That actually works in your favor. Washington ESD looks at whether the employer followed progressive discipline and gave you a fair chance to improve. File your claim as soon as possible.

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I was in a similar situation last year - got fired for 'attendance issues' even though I had medical documentation for my absences. Washington ESD approved my claim after reviewing all the evidence. The employer did contest it initially but I won the appeal hearing.

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

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About 6 weeks total because of the employer contest and appeal hearing. But once it was resolved, I got all the back pay.

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I had a similar situation last year where I couldn't get through to Washington ESD to check on my claim status after being fired. Someone on here recommended Claimyr (claimyr.com) and it was a game changer. They got me connected to an actual agent within an hour instead of spending days trying to call. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that cost though? I'm already strapped for cash.

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It's worth it when you consider how much time you save not calling over and over. Plus you can get answers about your specific situation instead of guessing.

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File your claim right away but be prepared for it to go into adjudication if your employer contests it. When I got terminated, Washington ESD had to investigate and it took forever to get through to someone to check on the status. I actually ended up using Claimyr.com to get connected to an actual ESD agent - they have this system that calls you back when an agent is available instead of sitting on hold for hours. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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I've never heard of that service before. Is it legitimate? I'm desperate to talk to someone at Washington ESD.

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Yeah it's legit, saved me so much time and frustration trying to get through their phone lines. Way better than calling 800 times a day and getting disconnected.

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I was skeptical at first too but ended up trying Claimyr when my claim got stuck in adjudication for weeks. Got connected to an ESD agent the same day and finally got answers about what documents they needed.

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The Washington ESD unemployment handbook is pretty clear that you can collect benefits unless you were fired for misconduct. Performance issues, attendance problems that aren't excessive, or personality conflicts don't typically disqualify you. Make sure to emphasize that you were willing and able to work when you file.

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Where do you find this handbook? I've been looking all over the Washington ESD website.

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It's in the claimant resources section. Search for 'unemployment insurance handbook' on their site.

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ugh the whole system is so confusing. i got fired from my last job for being late too much but i had transportation issues. does that count as misconduct??

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Excessive attendance issues can be misconduct if you had control over it and ignored warnings. But if you had legitimate transportation problems and tried to resolve them, that might be different. You should still apply.

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ok thanks ill try filing tomorrow and see what happens

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The Washington ESD will look at the specific reason for your termination. 'Performance issues' is pretty vague and employers sometimes use that as a catch-all when they don't have documented misconduct. Make sure you keep all your employment records and any communication about the termination.

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I have all my performance reviews from the past two years and they were all satisfactory or above. Should I submit those with my claim?

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Definitely keep those ready but don't submit them unless Washington ESD specifically asks. They'll request additional documentation if your employer contests the claim.

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UPDATE: I filed my claim online and it went through. Now I'm waiting for adjudication since my employer will probably contest it. Has anyone dealt with an employer fighting the claim?

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Yeah, most employers contest claims automatically. Don't panic - Washington ESD will contact both you and your employer for statements. Just be honest about what happened and provide any documentation you have.

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Make sure you respond to any requests for information quickly. Missing deadlines can hurt your case even if you're in the right.

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THIS IS EXACTLY WHY THE UNEMPLOYMENT SYSTEM IS BROKEN! They make you jump through hoops even when you're clearly eligible. I got fired for 'attitude problems' which was complete BS and still had to fight for months to get my benefits.

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That sounds really frustrating. Did you eventually win your case?

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Yeah but only after an appeal hearing and getting a lawyer involved. Cost me weeks of benefits I should have gotten from day one.

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wait so if i got fired for being late too many times can i still get unemployment? asking for a friend lol

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Chronic tardiness can be considered misconduct if it was willful and the employer documented it properly with warnings. It depends on the specific circumstances.

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ugh that sucks. my 'friend' was only late like 10 times in 6 months but whatever

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Been there. Got fired from Amazon warehouse for 'productivity' but really they just wanted to cycle through workers. Washington ESD approved my claim after about a month of back and forth. Don't let them intimidate you.

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Did you have to do a phone interview or anything during the process?

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Yes, they called me to get my side of the story. Just explain exactly what happened and why you think it wasn't misconduct. Be factual, don't get emotional.

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The burden of proof is on your employer to show misconduct. If they can't prove you did something willfully wrong, you should get benefits. Document everything and keep records of your work performance if you have them.

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This is key! I saved all my performance reviews and emails when I got fired. It helped prove my case when my employer tried to claim I was insubordinate.

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I wish I had thought to save more documentation before I was let go. Good advice for others reading this.

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I work in HR and see unemployment claims all the time. Most employers don't contest claims unless there was clear misconduct like theft or harassment. Performance-related terminations are much harder to defend, especially without proper documentation.

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That gives me hope. My employer never followed any formal disciplinary process before firing me.

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That's definitely going to help your case. Washington ESD expects employers to give employees a reasonable opportunity to correct performance issues before termination.

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Just want to add that even if you get denied initially, you can appeal. I got denied at first but won my appeal hearing. The appeals judges seem more reasonable than the initial reviewers sometimes.

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How long does the appeal process take? And do you need a lawyer?

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Appeals took about 6 weeks for me. You don't need a lawyer but you can have representation if you want. I represented myself and just told the truth.

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Update: I filed my claim online this morning and it says I should hear back within 7-10 business days. Crossing my fingers that it goes smoothly and my former employer doesn't try to fight it.

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Good luck! Make sure you continue filing your weekly claims even if the initial claim is under review.

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Definitely keep filing weekly. I made that mistake during my appeal and it delayed everything even more.

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Pro tip: when you do your weekly claims, make sure you're actively job searching and keeping a log. Even during adjudication you need to meet the work search requirements if you want to get paid for those weeks.

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Good point! I started applying to jobs right away but wasn't keeping detailed records. I'll start a proper log now.

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You need 3 job search activities per week minimum. WorkSource WA has good resources for this.

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Getting fired is the worst feeling but at least Washington has decent unemployment benefits compared to some states. The maximum weekly benefit is pretty good if you were making decent money.

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Yeah I calculated it would be about 60% of my regular pay which would at least cover my rent and basic expenses.

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I tried calling Washington ESD about my adjudication for weeks with no luck. Finally used that Claimyr service someone mentioned earlier and got through to an agent who explained exactly what was happening with my case. Totally worth it when you're stressed about money.

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Did they help speed up your case or just give you information?

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They couldn't speed it up but at least I knew what to expect and that everything was processing normally. Peace of mind is worth a lot.

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Don't listen to people who say you can't get unemployment if fired. That's old information or they're confusing it with other states. Washington is pretty worker-friendly compared to some places.

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Exactly! I've heard people spread this myth for years. Always file and let Washington ESD make the determination.

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Yeah I'm glad I asked here instead of just assuming I couldn't get benefits. Thanks everyone for the help!

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Final update for anyone following: My claim was approved! Took about 4 weeks total but I'm getting backpay for the whole period. Employer contested but couldn't prove misconduct. File your claim ASAP if you're in this situation!

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Congrats! That's such a relief. How much backpay did you end up getting?

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About $2,800 for the month I was waiting. Really helped catch up on bills.

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This gives me hope for my own case. Still waiting on adjudication but this thread has been super helpful.

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If your claim does get contested and goes to adjudication, don't panic. I mentioned Claimyr earlier but seriously, it was a game changer for getting through to Washington ESD when I needed to provide additional information for my adjudication. The regular phone lines are impossible.

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I bookmarked their site just in case. Hopefully I won't need it but good to know there's an option if I can't get through normally.

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Been following this thread and wanted to add that questioning unsafe practices is actually protected activity in many cases. If that was the real reason for your termination, you might have additional legal protections beyond just unemployment benefits.

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I hadn't thought about that angle. The safety issues were definitely documented in my emails to management.

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Keep those emails safe. OSHA has whistleblower protections that might apply to your situation.

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My cousin got fired from her job at a restaurant for 'customer complaints' but it turned out the manager was just trying to get rid of her because she was the highest paid server. Washington ESD approved her claim no problem.

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That's encouraging. It sounds like they really do investigate the circumstances rather than just taking the employer's word for it.

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The fact that you had no prior write-ups is huge in your favor. Most legitimate performance-related terminations involve documented coaching, warnings, and improvement plans. Sounds like your employer skipped all that.

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Exactly! I keep thinking if my performance was really that bad, why wasn't I given any chance to improve?

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That's exactly what Washington ESD will be looking at. Employers are expected to follow progressive discipline for performance issues.

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Just remember to be completely honest on your unemployment application. Don't try to hide that you were fired - they'll find out anyway when they contact your employer.

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Yeah I was upfront about it on the application. I selected 'discharged/fired' and explained the circumstances in the comments section.

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this whole thread is making me realize I should have applied for unemployment when I got fired 6 months ago. I just assumed I wasn't eligible since it was my fault

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Unfortunately there's a time limit for filing claims. In Washington you generally need to file within a year of becoming unemployed, but the sooner the better.

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damn, wish I had known that back then. live and learn I guess

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Hope everything works out for you OP. Getting fired sucks but it sounds like you have a strong case for unemployment benefits. Don't let your former employer intimidate you if they do contest it.

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Thanks for all the support everyone. This thread has been really helpful and made me feel much more confident about my claim.

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One thing to keep in mind is that even if your initial claim gets denied, you have the right to appeal. The appeal hearing is your chance to present your side of the story to an impartial judge.

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Good to know. Hopefully it doesn't come to that but at least there's a process if needed.

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Most people don't realize they can represent themselves at appeal hearings too. You don't necessarily need a lawyer.

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The job search requirements kicked in pretty quick when I was on unemployment. Make sure you're ready to start documenting your job search activities right away.

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How many job contacts do you need to report each week in Washington?

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It's usually 3 job search activities per week but can vary depending on your situation. They'll give you the specific requirements when your claim is approved.

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Pro tip: start looking for jobs immediately even before your claim is approved. The job market is competitive right now and unemployment benefits don't last forever.

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Already started updating my resume and browsing job boards. Definitely don't want to be unemployed any longer than necessary.

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Final thought - document everything related to your termination while it's still fresh in your memory. Dates, conversations, witnesses, emails, etc. You never know what might be important if this goes to an appeal.

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Great advice. I'm going to write down everything I can remember from the past few weeks leading up to my termination.

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Smart move. The more documentation you have, the stronger your case will be if your employer tries to contest the claim.

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