< Back to Washington Unemployment

Luca Romano

Can you get unemployment if you get fired for performance issues in Washington?

Got terminated last Friday after being with my company for 2 years. They said it was due to not meeting performance expectations but I feel like they never gave me proper training or clear goals. My supervisor was always vague about what I needed to improve and I tried my best with what I had. Can I still file for Washington ESD unemployment benefits even though I was fired? I'm really worried they'll deny my claim because of the termination reason.

Yes, you can absolutely file for unemployment even if you were fired for performance issues. Washington ESD distinguishes between misconduct (which disqualifies you) and poor performance (which usually doesn't). Performance issues are generally considered involuntary separation unless there was willful negligence involved.

0 coins

That's reassuring to hear. Should I mention in my application that I felt the expectations weren't clear?

0 coins

Be honest about the circumstances but stick to facts. Focus on that you were trying to meet expectations rather than making it sound like you're blaming the employer.

0 coins

File your claim ASAP. Even if your employer contests it, Washington ESD will investigate and make a determination. I got fired for performance issues 6 months ago and was approved for benefits after they reviewed everything.

0 coins

How long did the investigation take? I'm worried about how I'll pay bills while they decide.

0 coins

Mine took about 3 weeks for adjudication. You won't get paid during that time but if approved, they'll backpay from your filing date.

0 coins

This is why I always tell people to have an emergency fund. 3 weeks without income is brutal.

0 coins

I've been trying to get through to Washington ESD for weeks about my own performance-related termination. The phone lines are impossible! Has anyone found a way to actually talk to someone there?

0 coins

I discovered this service called Claimyr that helped me get through to an agent when I couldn't reach them myself. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me so much frustration honestly.

0 coins

Try calling right at 8am when they open. That's usually the best time to get through.

0 coins

PERFORMANCE ISSUES ARE NOT MISCONDUCT! I cannot stress this enough. Too many people think getting fired automatically disqualifies you but that's not true in Washington. Misconduct has to be willful or deliberate violation of company policy.

0 coins

Thank you! This makes me feel much better about filing. I was definitely not being willfully bad at my job.

0 coins

Exactly this. I work in HR and see people not file because they think they can't. Always file - let Washington ESD make the determination.

0 coins

Make sure you have all your documentation ready when you file. Performance reviews, emails about expectations, anything that shows you were trying to improve. Washington ESD might request these during adjudication.

0 coins

Good point. I do have some emails where I asked for clarification on my goals. Should I submit those proactively?

0 coins

Keep them ready but usually they'll tell you what they need during the fact-finding process. Don't overwhelm them with documents upfront.

0 coins

Been there, done that. Filed for UI after getting canned for not hitting sales targets. Washington ESD approved me because they determined I was doing my best but just wasn't a good fit for the role. Took about a month total but got approved.

0 coins

A month seems like forever when you have no income coming in. Did you have to do anything special during the process?

0 coins

Just responded honestly to their questions during the fact-finding interview. They called both me and my former employer to get both sides of the story.

0 coins

Wait they actually called your employer? What did they ask them?

0 coins

Basic stuff about the termination reason, whether there were warnings given, what the performance expectations were, etc. Nothing too invasive.

0 coins

ugh this whole system is so stressful. I got fired 2 months ago for performance and still haven't heard back from Washington ESD after filing. Every day I check my account and it just says pending. How long is this supposed to take??

0 coins

Two months is definitely longer than normal. Have you tried calling them to check on the status? There might be additional information they need from you.

0 coins

I've tried calling SO many times but can never get through. It's ridiculous.

0 coins

Mei Lin

This is exactly why I ended up using Claimyr when I had issues reaching them. Sometimes you just need to talk to an actual person to figure out what's holding up your claim. The automated system doesn't tell you much.

0 coins

Pro tip: when they do the fact-finding interview, be prepared to explain specific examples of how you tried to improve your performance. Don't just say 'I tried my best' - give concrete examples of steps you took.

0 coins

That's really helpful advice. I can think of several times I asked for additional training or clarification on expectations.

0 coins

Perfect! Those are exactly the kinds of details that show you weren't being willfully negligent. Document those examples now while they're fresh in your memory.

0 coins

Does anyone know if Washington ESD considers attendance issues as performance or misconduct? I was terminated for being late too often but it was due to childcare issues that I explained to my supervisor.

0 coins

Attendance can go either way depending on the circumstances. If you had legitimate reasons and communicated them, it's more likely to be considered involuntary. But chronic unexcused absences could be viewed as misconduct.

0 coins

I did communicate about the childcare situation but they said company policy was still company policy. Guess I'll have to see what Washington ESD decides.

0 coins

Similar situation happened to me. Washington ESD considered my circumstances and approved benefits even though I was terminated for attendance. File anyway and let them decide.

0 coins

The key thing to remember is that Washington state generally favors the worker in these situations unless there's clear evidence of willful misconduct. Poor performance alone usually isn't enough to disqualify someone from unemployment benefits.

0 coins

This thread has been so helpful. I'm definitely going to file my claim tomorrow morning. Thank you everyone for the advice and encouragement.

0 coins

Good luck! Remember to file your weekly claims even during adjudication so you don't miss out on any benefits if you're approved.

0 coins

Just want to add that if you do get denied initially, you can appeal the decision. I had to go through an appeal hearing for my performance-related termination and won. The hearing officer understood that struggling with job duties isn't the same as willful misconduct.

0 coins

How long did the appeal process take? And was it stressful having a hearing?

0 coins

The hearing was about 6 weeks after I filed the appeal. It was nerve-wracking but the hearing officer was fair and asked good questions to both sides.

0 coins

I had to do an appeal hearing too. The thing that helped me was having documentation showing I was trying to improve. Emails requesting help, notes from meetings, stuff like that really made a difference.

0 coins

For what it's worth, my cousin got approved for unemployment after being fired for not meeting sales quotas. Washington ESD said that inability to meet performance standards isn't misconduct as long as you were making a good faith effort.

0 coins

That's exactly my situation - I was trying but couldn't meet the standards they set. Feeling much more confident about filing now.

0 coins

Yeah same thing happened to a friend of mine. Got fired from a warehouse job for not meeting productivity targets but still got unemployment because he wasn't being lazy or anything, just couldn't keep up with the pace they wanted.

0 coins

One thing to keep in mind - if your employer contests your claim (which they might), be prepared for the adjudication process to take longer. But don't let that discourage you from filing. You have nothing to lose by applying.

0 coins

Do most employers contest performance-related claims?

0 coins

It varies. Some do it automatically, others only if they think they have a strong case for misconduct. Either way, the process is designed to be fair to both sides.

0 coins

My employer contested mine but I still got approved. Washington ESD does their own investigation regardless of what the employer claims.

0 coins

Just to echo what others have said - file immediately. The worst thing that can happen is they say no, but there's a good chance they'll approve you. Performance issues are usually not considered disqualifying misconduct in Washington state.

0 coins

Thank you to everyone who responded. This has been incredibly helpful and reassuring. I'm filing first thing Monday morning.

0 coins

Good for you! And remember, even if there are hiccups in the process, don't give up. The system is there to help people in situations like yours.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today