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.

This whole thread is making me feel better about my own situation. I thought getting fired meant automatic disqualification but sounds like that's not true at all!

The key is just being honest in your application. Don't try to hide that you were fired or make up reasons. ESD will find out anyway when they contact your employer, and lying on the application can disqualify you entirely.

Also worth mentioning - if you do get approved and start receiving benefits, keep track of any severance pay or vacation payout from your former employer. You might need to report this income and it could affect your benefit amount.

Don't let anyone discourage you from applying. I've heard too many people say 'I got fired so I can't get unemployment' and miss out on benefits they were entitled to. The worst they can do is say no, but you might be surprised.

One last tip - make sure you have all your employment information ready before you start the application. You'll need dates of employment, wages, reason for separation, and your employer's contact info. Having it organized makes the process much smoother.

Don't let them scare you into not applying. I know people who got fired for way worse reasons and still got approved for UI benefits. The key is being honest on your application.

Quick question - does it matter how long you worked at the job? I only worked at mine for 6 months before getting fired.

I got fired from my retail job for being late too many times but still got unemployment. They said it wasn't misconduct because I had transportation issues that weren't my fault.

The waiting is the worst part. I'm on week 3 of adjudication and still haven't heard anything. At least I know I can appeal if they deny me.

Just want to say thanks to everyone for sharing their experiences. This thread has been really helpful for understanding the process.

One more tip - make sure you're actively looking for work and keeping a job search log. Even if your claim is in adjudication, you still need to meet the work search requirements.

This thread convinced me to file my claim. I got fired last week for 'poor performance' but reading everyone's stories makes me think I have a good chance of getting approved.

For what it's worth, I used to work in HR and we rarely contested unemployment claims unless there was clear misconduct like theft or violence. Most companies don't want to deal with the hassle.

Update: I finally got through to Washington ESD using that Claimyr service and they told me my adjudication should be done within the next week. Worth trying if you're stuck like I was.

Update on that Claimyr thing I mentioned - I actually used it again last week to ask about my job search requirements and got through to someone in like 10 minutes. Normally would take me hours of calling. Really makes dealing with Washington ESD so much easier.

The important thing is to file your claim even if you think you might not qualify. Let Washington ESD make the decision. I almost didn't apply after getting fired and that would have been a huge mistake.

Make sure you keep all your documentation about the safety complaints. Email records, witness statements if you have them, anything that shows you were trying to do the right thing. That could be crucial if there's a hearing.

washington esd is pretty backed up right now so even if you get approved it might take a while to see payments. just fyi so you can plan accordingly

One more thing - when you file your claim, be prepared to explain exactly what happened in detail. They'll ask about the circumstances of your termination. Be honest but also make sure to include all the relevant context about your performance and the safety complaints.

I was fired for 'insubordination' which sounds terrible but was really just me asking questions about a policy. Got approved after explaining my side. The system isn't perfect but they do try to be fair.

honestly the whole unemployment system needs to be reformed but in the meantime you gotta work with what we have... definitely apply and fight for what you deserve

Just want to second what others said about Claimyr. I was skeptical at first but it really does work. Finally got to talk to someone at Washington ESD about my adjudication status after weeks of trying to call normally.

Bottom line - you have a good case for unemployment benefits. Performance issues that aren't willful misconduct, plus potential retaliation for safety complaints, puts you in a strong position. File your claim and don't let the employer intimidate you.

keep us posted! rooting for you to get approved

Six weeks?! That's going to be rough financially. Did you have to do anything special during the adjudication or just wait?

just had to wait and keep filing weekly claims. they called me once to ask about the firing but it was a quick call. make sure you answer when they call though

I'm dealing with a similar situation where I can't get through to Washington ESD to check on my claim status after being fired. Has anyone found a reliable way to actually talk to someone there? The phone lines are always busy.

I've had luck with Claimyr recently - it's a service that helps you get through to Washington ESD agents. Check out claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

Never heard of that but I'll check it out. At this point I'm willing to try anything to get through to someone.

I used Claimyr last month when I needed to talk to someone about my adjudication. It actually worked and I got connected to an agent who could check my claim status. Worth trying if you're stuck.

The whole system is a joke. They fire you for bogus reasons then make you jump through hoops to get benefits you paid into. I've been fighting with Washington ESD for 2 months over my firing.

What happened with your case? Are you still waiting for a decision?

Finally got approved last week but it was a nightmare. Had to do a phone interview and provide tons of documentation. The system is definitely not designed to help people.

Quick question - do you have to report the circumstances of your firing when you file the initial claim? Or does that come up later during adjudication?

You report it in the initial application. There's a section asking about the reason for separation from your last job. Be honest but stick to the facts.

Thanks, I want to make sure I fill it out correctly the first time.

I got fired for 'attitude problems' which was really just me standing up for myself against a toxic manager. Washington ESD approved my claim because they couldn't prove it was misconduct. Don't let them intimidate you into not filing.

That gives me hope. My situation sounds similar - they're calling it performance but I think it was retaliation.

Document everything and be prepared to tell your side of the story if they do an interview. Most employers don't bother providing detailed evidence anyway.

Make sure you understand the difference between being fired and being terminated for misconduct. Washington ESD treats them very differently. Simple poor performance usually doesn't rise to the level of disqualifying misconduct.

That's what I'm hoping. They never documented any misconduct, just said I wasn't a good fit.

That sounds like a performance issue rather than misconduct. You should have a good chance at getting approved.

whatever you do dont lie on the application. they will find out and then you'll really be in trouble. just be honest about what happened and let them decide

Definitely planning to be honest. I just want to make sure I present my side clearly.

I had to deal with this exact situation last year. The employer tried to claim I was fired for misconduct but Washington ESD sided with me after reviewing the evidence. The key is that they have to prove misconduct, you don't have to prove you weren't at fault.

That's good to know. What kind of evidence did your employer try to use?

They submitted some performance reviews but nothing that showed willful misconduct. Washington ESD saw through their attempt to avoid paying into the unemployment fund.

Pro tip: keep filing your weekly claims even during adjudication. If you get approved, you'll get back pay for those weeks. If you don't file, you lose those weeks forever.

Good to know! I'll make sure to stay on top of the weekly claims no matter what happens.

This is so important. I see people make this mistake all the time and lose out on thousands of dollars.

The Washington ESD adjudication process isn't fun but it's thorough. They'll contact your employer and give both sides a chance to present their case. Since you have the safety complaint timeline, you're in a good position.

I'm feeling more confident about this now. Thanks everyone for the advice and encouragement.

You're welcome! Feel free to update us on how it goes. These threads help other people in similar situations.

Just wanted to add that if you do get denied initially, you can appeal the decision. Don't give up if the first decision doesn't go your way. The appeals process exists for a reason.

How long do you have to file an appeal if needed?

I believe it's 30 days from the date of the determination notice. But don't quote me on that - check the notice carefully if you get one.

That's correct - 30 days from the mailing date of the determination. The deadline is clearly stated on any denial notice.