Can you get unemployment if you get fired - Washington ESD eligibility question

You can definitely apply for unemployment even if you were fired. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or intentional.

You can definitely apply for unemployment even if you were fired! Washington ESD looks at the reason for termination. If you were fired for misconduct, that's different than being fired for performance or other non-misconduct reasons. Performance issues usually don't disqualify you unless there was willful misconduct involved.

I was in the same situation last year. Got fired for 'not meeting expectations' but Washington ESD approved my claim after investigating. They contacted my employer and everything.

Yes, you can definitely get unemployment if you're fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Poor performance usually isn't considered misconduct unless it was willful or you ignored repeated warnings. Safety complaints are actually protected, so that could work in your favor.

You can absolutely still get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will determine if you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or deliberate. You should definitely apply and let them make the determination.

I went through this exact situation 6 months ago. Got fired for 'not meeting targets' but was approved for benefits after they investigated. The key is being honest on your application about why you were terminated. Washington ESD will contact your employer to get their side too.

That's a relief to hear. What counts as misconduct exactly? They said I wasn't meeting productivity standards but I was never formally warned about it.

Definitely apply ASAP. Even if your employer contests it, you have appeal rights. The worst that happens is they deny you, but if you don't apply you get nothing for sure. When I couldn't get through to Washington ESD to ask questions about my claim status, I used Claimyr (claimyr.com) to actually reach an agent. They have this demo video that shows how it works: https://youtu.be/7DieNd3C7zQ. Made it so much easier to get answers directly from ESD.

Here's what Washington ESD considers misconduct: willful violation of company rules, dishonesty, illegal acts, or deliberate poor performance. Regular performance issues or inability to do the job don't qualify as misconduct.

If you're having trouble getting through to Washington ESD to check on your claim status, I recently found this service called Claimyr that helps you actually reach an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

OMG please tell me there's hope! I got fired three days ago and I'm freaking out about money. My boss said I had 'attitude problems' but I think she just didn't like me. Can I still get unemployment???

Important note: even if your employer contests your claim, you should keep filing weekly claims while the adjudication is pending. If you're eventually approved, you'll get paid for those weeks.

I got fired from my last job for attendance issues and still got approved for unemployment. The key is being honest on your application but also explaining your perspective. Washington ESD will contact your employer to get their side too.

Misconduct has to be willful and work-related. Simply not meeting standards without deliberate wrongdoing usually doesn't count. You should definitely file your claim and let Washington ESD make the determination.

I got fired from my last job for attendance issues and still got approved for unemployment. Washington ESD will investigate and make a decision. The employer has to prove it was misconduct, not just poor performance.

How long did it take for them to decide? I'm worried about the adjudication process taking forever.

Mine took about 3 weeks but that was last year. I've heard it can vary a lot depending on how quickly your employer responds to their inquiry.

The unemployment system in this state is so confusing!! I got fired 3 months ago and STILL don't understand half the terminology they use. What's the difference between 'separation' and 'misconduct'? And why do they need to know every detail about my job duties?

You should apply ASAP regardless. Even if your employer contests the claim, you have rights. I've seen people get approved after being fired for all sorts of reasons that weren't really misconduct. Washington ESD is pretty fair about these situations, especially if you were trying to do your job properly.

The whole system is rigged against workers anyway. They'll find any excuse to deny you benefits even when you deserve them.

File immediately! I made the mistake of waiting 2 weeks because I wasn't sure if I qualified. You can't get benefits for weeks you don't file, even if you're later approved. The sooner you apply, the sooner the process starts.

File your claim ASAP regardless. Even if there's an issue, you want to get your claim date established. I made the mistake of waiting when I got fired and lost out on benefits for those weeks I delayed filing.

Good point, I'll file online tonight. Better to have it started even if there might be issues.

If you're having trouble getting through to Washington ESD to check on your claim status or ask questions, I found this service called Claimyr (claimyr.com) that helps you actually reach a live agent. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of calling and getting hung up on.

Just wanted to add that you should document everything about your termination. Save any emails, write down what they told you, keep your final paycheck stub. This helps if they try to contest your claim.

Exactly right. The claim date is when you file, not when it gets approved. Don't wait!

same thing happened to my brother last month, he got fired but still got unemployment. took like 2 weeks to get approved

Washington ESD is a nightmare to deal with. They make everything so complicated and the phone system is broken. I spent WEEKS trying to get through to someone about my claim. Finally used some service called Claimyr that actually got me connected to an agent in like 20 minutes. Wish I'd found it sooner.

The whole system is rigged against workers anyway. They'll probably deny you just because the employer has more lawyers. But you should still try because sometimes they surprise you.

Important note - even if you're approved for benefits, you'll still need to actively search for work and report your job search activities weekly. Washington ESD requires 3 job search activities per week minimum. Don't skip this part or you could lose your benefits.

Been on unemployment twice in Washington and both times I was fired. First time was approved immediately, second time went to adjudication for a month. Really depends on how your employer describes the termination to ESD. Some employers don't even contest unemployment claims.

Since you mentioned safety complaints, that could actually work in your favor. Washington has whistleblower protections and firing someone for reporting safety issues could be considered wrongful termination. You might want to document everything about those safety concerns and when you reported them.

I'm going through this exact same situation right now! Filed my claim two weeks ago and it's been in adjudication status ever since. So stressful not knowing if I'll get approved.

I did email HR about the safety issues two weeks before I got fired. Should I mention that in my unemployment application?

One thing to remember - even if you're approved, there's usually a waiting week where you don't get paid. So your first payment might not come for 2-3 weeks after you file. Plan accordingly!

Here's the key thing about misconduct in Washington - it has to be willful disregard of your employer's interests. Simply not meeting performance standards isn't misconduct unless you were deliberately trying to do a bad job. Since you were trying to meet the standards and also raised safety concerns, you have a strong case.

When you file your weekly claims, make sure you're honest about job search activities. They're pretty strict about that now. You need to be actively looking for work and documenting it.

For anyone reading this thread, remember that misconduct has to be proven by the employer. The burden of proof is on them, not you. If they can't show you willfully violated policies, you should be approved.

Absolutely mention it. That timeline suggests retaliation. Keep copies of all your communications about the safety issues.

I got fired for 'not being a good fit' which was basically them saying they didn't like my personality lol. Still got unemployment because that's not misconduct. Your situation sounds way more legitimate than mine was.

One thing to watch out for - if your claim goes to adjudication (which it might since you were fired), it can take a while. I've heard of people waiting 6-8 weeks for a decision. But you should still apply right away.

same thing happened to my brother except he was fired for being 5 minutes late too many times... still got unemployment though so you should be fine

You might also want to file a complaint with L&I about the safety issues if you haven't already. That creates an official record.

washington esd is so backed up right now, took me 6 weeks to get through adjudication when i got fired. but i did get approved eventually. the key is staying on top of your weekly claims even while its pending

Make sure you understand the difference between being fired 'for cause' vs being fired for business reasons. Performance issues usually fall under business reasons unless there was deliberate misconduct involved. Your employer has to prove misconduct, not just poor performance.