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Connor Gallagher

Can you get unemployment if you get fired for not showing up - Washington ESD eligibility question

So I got terminated last week because I had too many no-call no-shows. I know it sounds bad but I was dealing with some personal stuff and my car broke down twice. My manager said it was job abandonment but I never actually quit - they fired me. Does Washington ESD consider this misconduct or can I still file for unemployment benefits? I really need the income while I look for another job. Has anyone been in a similar situation with attendance issues?

This is tricky territory with Washington ESD. No-call no-shows are usually considered misconduct, but it depends on the circumstances. If you had legitimate reasons (medical, transportation) and can document them, you might have a case. Did you ever communicate these issues to your employer?

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I told them about my car problems but not the personal stuff. I have receipts from the auto shop though. Should I mention that when I file?

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Definitely include any documentation you have. Washington ESD looks at whether the employer had reasonable expectations and if you had good cause for your actions.

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I work in HR and see this situation a lot. Washington ESD will investigate this through adjudication. They'll contact both you and your former employer to get the full story. The key question is whether your actions constitute misconduct connected to work. If you can show good cause for the absences, you might still qualify.

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How long does adjudication usually take? I need to know if I should look into other income options.

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It varies but typically 2-4 weeks for misconduct cases. You should still file your weekly claims during this time even if benefits are pending.

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Just went through adjudication myself for a different issue. Took exactly 3 weeks and they approved my claim. The waiting is stressful but keep filing those weekly claims!

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File anyway! I got fired for attendance issues last year and still got approved. Washington ESD distinguishes between simple misconduct and gross misconduct. Not showing up might be misconduct but if there were extenuating circumstances, they often approve the claim. The worst they can do is say no.

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That's encouraging! Did you have to provide documentation or just explain your side of the story?

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Both. I had to fill out a detailed questionnaire and provide some medical records. They also called my old employer. The whole process was pretty thorough.

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Been trying to reach Washington ESD for weeks about my own claim issue and can't get through on the phone. If you need to talk to someone about your specific situation, I just discovered this service called Claimyr (claimyr.com) that helps you get connected to ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing exactly how it works. Might be worth checking out if you need to discuss your case directly with ESD.

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Thanks for the tip! The phone lines are always busy when I try to call. How does that service work exactly?

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They basically handle the calling and waiting for you, then connect you when they get an agent on the line. Saved me hours of frustration trying to get through myself.

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Never heard of that before but sounds useful. The ESD phone system is absolutely horrible to deal with.

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Look, I hate to be the bearer of bad news but no-call no-shows are pretty much textbook misconduct. You're probably going to get denied initially. However, you can always appeal if they deny you. The appeals process gives you a chance to present your case more thoroughly.

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Even if I had legitimate reasons for missing work? My car literally broke down on the highway twice.

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The key is whether you communicated with your employer about these issues. If you just didn't show up without calling, that's usually considered misconduct regardless of the reason.

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That's not entirely accurate. Washington ESD considers all circumstances. I've seen people get approved even with attendance issues if they can show good cause.

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File your claim as soon as possible! Even if they deny you initially, you want to get the process started. I made the mistake of waiting to file when I got terminated and it delayed everything. The sooner you file, the sooner you'll know where you stand.

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Good point. I was hesitant to file because I wasn't sure if I'd qualify, but I guess there's no harm in trying.

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Exactly! The application process will walk you through everything and you can explain your situation in detail. Let ESD make the decision.

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Washington ESD uses a two-part test for misconduct: 1) Was the action deliberate or negligent? 2) Was it connected to work? Your situation might fall into a gray area. If you can demonstrate that your absences were due to circumstances beyond your control (car trouble, family emergency), you have a better chance of approval.

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This is really helpful. So it's not automatically disqualifying just because I got fired for attendance?

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Correct. The circumstances matter a lot. Make sure to document everything and be completely honest in your application.

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This is why I always tell people to file even if they're unsure. ESD will sort out the details during adjudication.

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ugh the whole system is so confusing!! I got fired too but for a different reason and still waiting to hear back from ESD. This whole process is giving me anxiety attacks

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I know the feeling! The uncertainty is the worst part. Hoping we both get good news soon.

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fingers crossed! at least we're not alone in this mess

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One more thing - make sure you keep detailed records of your job search while your claim is being adjudicated. Even if benefits are pending, you still need to meet the work search requirements to remain eligible.

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How many job contacts do I need per week? I've been applying places but haven't been keeping track.

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It's 3 job search activities per week in Washington. Can be applications, networking events, job fairs, etc. Keep good records in case they audit your search log.

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Just want to add that even if you get denied initially, don't give up! I know someone who got denied for misconduct, appealed, and won at the hearing. The appeals judges sometimes take a different view than the initial reviewers.

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That's encouraging to hear. How long does the appeals process usually take?

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Varies but usually a few weeks to get a hearing scheduled. The important thing is to file the appeal within 30 days if you get denied.

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Appeals are definitely worth it if you have a good case. Just be prepared to present your evidence clearly at the hearing.

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Update on that Claimyr service I mentioned earlier - just used it again today to check on my claim status. So much easier than trying to get through the regular phone lines. If anyone needs to speak with ESD directly about their misconduct determination, might be worth looking into.

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Good to know it's working for you! I might try that if I need to follow up on my case.

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How much does something like that cost? Sounds too good to be true tbh

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I'd rather pay a reasonable fee than waste entire days trying to get through on my own. Time is money when you're unemployed.

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Same exact thing happened to my brother last year. Got fired for too many absences but it was because his kid kept getting sick at daycare. ESD approved his claim after adjudication because he could prove the absences were for childcare emergencies. Document everything!

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That gives me hope! I do have documentation for at least some of my absences. Going to gather everything together before I file.

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Smart move. The more documentation you have, the better your chances. ESD really does look at the full picture.

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Don't let anyone scare you off from filing. I've been through the ESD system multiple times and they're actually pretty fair when they have all the facts. Worst case scenario, you get denied and you're in the same position you're in now. Best case, you get benefits while you find new work.

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You're right, I really have nothing to lose by filing. Thanks for the encouragement!

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Exactly! And even if you get denied initially, you've started the clock on the appeals process. Good luck!

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Pro tip: when you file your claim, be very detailed in explaining your reasons for the absences. Don't just say 'personal reasons' - explain about the car trouble, any family emergencies, etc. The more context you provide, the better ESD can evaluate your case.

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That's really good advice. I was planning to keep it brief but you're right that more detail is probably better.

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Definitely be thorough. They can't consider factors they don't know about. Paint the full picture of what you were dealing with.

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I work at a law firm that handles unemployment appeals and see cases like this regularly. The fact that you were fired rather than quitting actually works in your favor. Attendance issues can sometimes be overcome if there were legitimate reasons and you didn't have a pattern of dishonesty with your employer.

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Should I consider getting legal help if I get denied? Or is the appeals process something I can handle myself?

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Most people can handle the initial appeal themselves. If it goes to a higher level appeal, that's when legal representation becomes more valuable.

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Been following this thread and just wanted to say good luck OP! Sounds like you've got some good advice here. The ESD process can be nerve-wracking but at least you're being proactive about it.

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Thanks! Everyone here has been really helpful. Feeling much more confident about filing now.

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One thing I haven't seen mentioned - make sure you understand what 'able and available for work' means. Even if you get approved despite the misconduct issue, you still need to meet all the other eligibility requirements every week.

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Good point. I assume that just means I need to be actively looking for work and ready to start if offered a job?

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Exactly. And you can't have any restrictions that would limit your job search. Sounds like you're in good shape on that front.

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Washington ESD website has a section about misconduct determinations that might help you understand what they're looking for. It's under the employer resources section but explains their decision-making process pretty clearly.

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I'll check that out, thanks! The more I understand about their process, the better I can present my case.

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Just remember that even if you do get approved, there might be a waiting period depending on how they classify your termination. But you should still file your weekly claims during any waiting period to keep your claim active.

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How long are waiting periods typically? Trying to figure out my budget if there's a delay in benefits.

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Can vary from a few weeks to several weeks depending on the circumstances. The good news is once it's resolved, you usually get paid retroactively for the waiting period.

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I used that Claimyr service mentioned earlier when I had questions about my standby claim. Really wish I had known about it sooner - would have saved me weeks of trying to get through on the phone. Definitely recommend if you need to talk to ESD directly about your misconduct case.

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Seems like several people have had good experiences with that. I'll keep it in mind if I need to follow up with ESD directly.

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Yeah, sometimes you really need to talk to a person to get clarity on your specific situation. The website can only tell you so much.

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Thanks for asking this question OP! I'm in a similar situation (got fired for performance issues) and this thread has been super helpful for understanding how ESD handles these cases. Going to file my claim this week.

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Glad it helped you too! Good luck with your claim. Sounds like we're both in situations where it's worth filing and seeing what happens.

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Exactly! Worst case we get denied and appeal. Best case we get benefits while job hunting. Nothing to lose by trying.

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