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Hunter Brighton

Can you get unemployment if you are terminated from your job in Washington?

My manager fired me last week saying it was due to 'performance issues' but honestly I think it was because I called in sick twice this month. I've been working there for almost 2 years and never had any formal write-ups or warnings about my performance. Can I still file for unemployment benefits with Washington ESD if I was terminated? I'm really stressed about how I'm going to pay my bills while looking for a new job.

Yes, you can definitely apply for unemployment even if you were terminated. Washington ESD will review your case to determine if the termination was for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or you repeatedly ignored warnings. The fact that you had no formal write-ups works in your favor.

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That's a relief to hear. Should I mention the sick days when I file my claim or just focus on the performance thing they said?

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Be honest about everything. Washington ESD will likely contact your employer anyway, so it's better to give your side of the story upfront.

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File immediately! Don't wait. Even if Washington ESD denies your claim initially, you can appeal. I was fired for 'attitude problems' (which was BS) and eventually got approved after the appeal process.

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How long did the appeal take? I'm worried about the gap in income.

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About 6 weeks total, but I got back pay for the whole period once it was approved.

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I had trouble getting through to Washington ESD when I was dealing with a similar situation. Spent hours on hold every day. Finally used claimyr.com to get connected directly to an agent who could explain my options. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process way less stressful.

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Never heard of that service. Does it actually work or is it just another scam?

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It's legit. They don't ask for personal info, just help you get through the phone queue. Worth it when you're dealing with something time-sensitive like this.

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I might need to try that if I can't get through on my own. Thanks for the tip!

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The key thing is whether your employer can prove misconduct. Calling in sick twice isn't misconduct - that's using your sick leave. If they fired you for attendance issues, they need to show a pattern of unexcused absences or policy violations. Performance issues are tricky but usually don't disqualify you unless you were deliberately not doing your job.

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I had proper sick notes from my doctor both times. Does that help my case?

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Absolutely! Keep those documents. If Washington ESD requests information, having medical documentation shows you followed proper procedures.

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ugh this happened to my sister last year. her boss made up some excuse about her work quality but really he just didn't like her. she got unemployment no problem. washington esd sees through the BS most of the time

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That gives me hope. Did she have to do anything special when filing?

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nah just told the truth about what happened. they asked her employer for their side too but approved her claim pretty quick

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What if they claim I was fired for cause? I'm so worried they're going to lie about what happened. My anxiety is through the roof about this whole situation. What if I can't prove they're wrong?

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Take a deep breath. Washington ESD investigates both sides. If your employer claims misconduct, they have to provide evidence. Your work history and the lack of documented warnings will be considered.

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But what if they make something up? I feel like they could say anything and Washington ESD would believe them over me.

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Employers can't just make stuff up. They need documentation to support misconduct claims. Without written warnings or disciplinary records, their case is weak.

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I've been through this exact situation. Got fired for 'performance' but it was really because I wouldn't work unpaid overtime. Filed with Washington ESD right away and got approved within 2 weeks. The adjudication process wasn't as scary as I thought it would be.

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What did they ask you during adjudication?

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Just basic stuff - why I was fired, what my understanding of the situation was, whether I had any warnings. They also asked my employer the same questions separately.

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The system is so broken though. I know people who got denied for the stupidest reasons while others who clearly screwed up got approved. It's like a lottery sometimes.

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Every case is different. Washington ESD has specific guidelines they follow for misconduct determinations. It's not random, even if it seems that way.

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Maybe, but I've seen enough inconsistency to know it's not as straightforward as they claim.

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Just want to follow up - if you do need to talk to Washington ESD about your specific situation, that claimyr service I mentioned earlier really does help cut through the phone wait times. I used it again last week for a different issue and got connected in under 10 minutes instead of the usual hour+ hold times.

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Good to know it's still working well. I might give it a try if my claim runs into issues.

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Seconding this recommendation. Used claimyr when I had questions about my job search requirements and it saved me so much frustration.

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Make sure you apply online through the Washington ESD website as soon as possible. There's a waiting period anyway, so the sooner you file the sooner benefits can start. Don't let fear of denial stop you from applying.

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Already started the application. It's asking a lot of detailed questions about why I was terminated.

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Be thorough and honest. The more context you provide, the better Washington ESD can understand your situation.

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I was a manager for 8 years before I got laid off. From what I saw, most terminations that employers claim are 'for cause' are really just them trying to avoid paying into the unemployment system. Unless there's documented misconduct or policy violations, you should be fine.

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That's interesting perspective from the management side. Makes me feel more confident about my chances.

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Exactly. Most employers don't want to deal with unemployment hearings unless they have a solid case. If they're just claiming performance issues without documentation, they probably won't fight too hard.

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whatever you do dont mention anything about the sick days being related to mental health if thats what it was. some employers will try to spin that as a reliability issue even though its protected

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It was actually just a stomach bug both times, nothing mental health related. But good point about being careful how you frame things.

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Actually, mental health conditions are protected just like physical ones. Don't let employers discriminate based on that either.

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The whole thing is ridiculous. You pay into unemployment insurance through your paychecks and then they make you jump through hoops to get benefits when you need them. At least Washington ESD is better than some other states I've heard about.

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True, but the system exists for a reason. There has to be some process to prevent abuse.

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I get that, but they could make it less intimidating for people who genuinely need help.

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File your weekly claims even if you're not sure about approval yet. If you get approved later, you don't want to miss out on benefits for weeks you were eligible. The weekly claims are what actually trigger payments once you're approved.

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I didn't know that about the weekly claims. I thought you had to be approved first before you could file them.

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Nope, you can file weekly claims as soon as your initial application is processed, even during adjudication. Just make sure you're actively looking for work.

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Speaking of job search - make sure you understand Washington ESD's job search requirements. You need to be actively looking and documenting your efforts. Don't let that part trip you up later.

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How many job applications do I need to submit each week?

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It varies based on your situation, but typically 3 job search activities per week. Check your requirements in your eServices account once it's set up.

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One more thing about getting help with Washington ESD - I know I mentioned claimyr before, but it really is worth it when you're dealing with adjudication questions or need to check on claim status. The regular phone lines are swamped but their service gets you through to someone who can actually help.

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I'll definitely keep that in mind. Hoping I won't need it but good to have options.

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I was skeptical about paying for something like that but honestly it paid for itself in saved time and stress. Sometimes you just need to talk to a real person.

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Update us on how it goes! I'm always curious about these cases and how Washington ESD handles them. Your situation sounds pretty straightforward for approval to me.

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Will do! Thanks everyone for all the advice and encouragement. Feeling much more confident about the process now.

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Good luck! Remember that even if there are bumps in the road, most people do eventually get approved if they were legitimately terminated without misconduct.

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One last thought - keep records of everything. Your termination notice, any emails about performance, your sick leave documentation, everything. If Washington ESD needs more information later, you'll be prepared.

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Already started a folder with everything. That's great advice about being prepared.

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Smart! Organization makes the whole process smoother if you need to provide additional documentation later.

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Been following this thread and wanted to add that Washington ESD's determination process is actually pretty fair. They look at the facts, not just what employers claim. Stay positive!

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Thanks! This whole thread has been incredibly helpful and reassuring.

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That's what these forums are for. We've all been there and it helps to know you're not alone in dealing with this stuff.

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Final tip - don't take too long to file. There are time limits on unemployment claims and you want to get the process started ASAP. Even if you're nervous about it, just submit the application.

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Already submitted it yesterday after reading all these responses. Feeling much more prepared now thanks to everyone's help!

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