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Sophia Rodriguez

Can you get unemployment if you get fired for stealing in Washington ESD?

I got terminated from my job last week for allegedly taking merchandise without paying. My manager said they have video evidence but I never saw it and honestly I don't remember doing anything wrong. I was going through a really rough patch mentally and maybe I wasn't thinking clearly. Now I'm wondering if I can still file for unemployment benefits with Washington ESD or if this disqualifies me completely? I really need the income while I look for another job. Has anyone been in a similar situation?

Unfortunately, theft is considered misconduct under Washington ESD rules. If your employer can prove you were terminated for stealing, you'll likely be disqualified from receiving unemployment benefits. However, you still have the right to file a claim and let Washington ESD make the determination. They'll investigate both sides before making a decision.

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So should I still apply even though I might get denied? I'm worried about wasting time if it's hopeless.

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Yes, definitely still apply. Sometimes employers can't provide sufficient evidence, or there might be circumstances that work in your favor. The worst that happens is you get denied, but at least you'll know for sure.

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Same thing happened to my cousin. She got fired for supposedly stealing cash from the register but the employer couldn't prove it was intentional. Washington ESD approved her claim after an adjudication process that took about 6 weeks. The key was that she contested the employer's version of events.

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That gives me some hope. How did she handle the adjudication interview? Did she need a lawyer?

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She just told her side of the story honestly and provided documentation showing her good work history. No lawyer needed for the initial process.

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You mentioned you were going through a rough patch mentally - that might actually be relevant. If you can document mental health issues that affected your judgment, it could impact how Washington ESD views the misconduct. Consider getting documentation from a healthcare provider if possible.

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I never thought about that angle. I was seeing a therapist around that time for depression and anxiety.

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That could definitely help your case. Mental health conditions can sometimes mitigate misconduct findings, especially if they were affecting your ability to think clearly.

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I had trouble reaching Washington ESD when I needed to discuss my misconduct disqualification. Kept getting busy signals and disconnected calls. Finally found this service called Claimyr that helped me get through to an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Made the whole process way less stressful.

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How much does that cost? I'm already strapped for cash.

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It's worth checking out their site for details. For me, getting through to discuss my situation was crucial - way better than spending hours on hold getting nowhere.

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Wait, stealing is stealing. You can't just get unemployment after getting fired for theft. That would be crazy if the system worked that way!

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It's not that black and white. Washington ESD has to prove misconduct occurred and that it was willful. There are cases where people win appeals even after theft allegations.

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I guess that makes sense. I just assumed any kind of stealing would be an automatic disqualification.

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The key thing to understand is that Washington ESD will conduct an adjudication to determine if misconduct occurred. They'll interview both you and your employer separately. During this process, you'll want to emphasize any mitigating factors - your mental health struggles, lack of prior incidents, unclear company policies, etc.

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How long does adjudication typically take? I need to know if I should look for other income sources.

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Usually 3-6 weeks, but it can be longer if they need additional information. I'd definitely start looking for other income sources just in case.

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This is exactly why I always tell people to be careful at work. One mistake and boom - no unemployment benefits when you need them most. The system is brutal.

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Not helping right now, but I get your point. I just wish I had been in a better headspace at the time.

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Mental health issues are real and can affect judgment. It's not always about being careless.

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File the claim anyway! Worst case they deny it and you're no worse off than now. But there's always a chance, especially if the employer's evidence isn't as strong as they claim.

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That's what I'm leaning toward. Better to try and fail than not try at all.

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Also keep in mind that even if you're initially disqualified, you have the right to appeal the decision. The appeals process allows you to present additional evidence and argue your case before an administrative law judge. Many people win on appeal even after losing the initial determination.

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Good to know there are multiple chances. How long do I have to file an appeal if I get denied?

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You have 30 days from the date of the determination letter to file an appeal. Don't wait - appeals can take several months to be heard.

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My brother went through something similar with Washington ESD. Got fired for supposedly stealing tools but it turned out the supervisor had it out for him. He eventually got his benefits after proving the allegations were exaggerated.

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How did he prove the allegations were exaggerated? I'm worried my employer will just lie about what happened.

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He had coworkers who witnessed what really happened and they backed up his story during the investigation.

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One thing that helped my cousin was that she immediately filed for other jobs after getting terminated. It showed Washington ESD that she was genuinely trying to get back to work, not just looking for free money.

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That's smart. I should start applying places right away to show I'm serious about finding work.

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The mental health angle is definitely worth pursuing. I know someone who got benefits after a theft termination because they could document that medication side effects were affecting their judgment at the time.

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I wasn't on medication but I was definitely not in a good place mentally. Maybe my therapist records would help.

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Definitely worth getting those records. Any documentation of your mental state during that time period could be helpful.

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Just wanted to follow up on the Claimyr thing - it really helped me when I was dealing with my misconduct case. Being able to actually talk to a Washington ESD agent instead of getting hung up on made all the difference in understanding the process and what I needed to do.

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Is it legit though? Sounds too good to be true that you can actually get through to Washington ESD easily.

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I was skeptical too but it worked for me. Check out their demo video if you want to see how it works before trying it.

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Don't forget that Washington ESD will also look at your overall work history. If this was your first incident and you had good performance reviews otherwise, that works in your favor. They consider the totality of circumstances, not just the final incident.

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I had been there for two years with no problems before this. Hopefully that counts for something.

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Absolutely that counts. A clean record for two years shows this was likely an aberration, not a pattern of behavior.

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Whatever you do, be completely honest in your claim application and during any interviews. Lying or trying to hide details will only make things worse if they find out later.

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Yeah, I'm planning to be totally upfront about everything. I just want to present my side fairly.

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I'm dealing with something similar right now - got fired for 'theft of time' for allegedly falsifying timesheets. Been waiting 4 weeks for my adjudication decision. This stuff takes forever!

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That's so stressful. Are you able to work other jobs while waiting for the decision?

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Yeah, I'm doing some gig work to pay bills. You definitely can't count on the unemployment coming through quickly.

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The whole system is designed to discourage people from applying. But you paid into unemployment insurance through your paychecks, so you have every right to file a claim and let them make the determination. Don't let guilt stop you from trying.

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You're right, I did pay into the system. I deserve a fair hearing of my case.

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One more thing - if you do get approved for benefits, be prepared that your former employer might appeal the decision. This can drag the process out even longer, but don't let that discourage you from filing initially.

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Ugh, I didn't think about them appealing if I win. This could go on for months.

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It's possible, but many employers don't bother appealing if Washington ESD's initial decision seems well-reasoned.

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Just apply already! You're overthinking this. The worst they can do is say no, and then you're in the same position you're in now. But there's a chance they say yes, and then you have income while job hunting.

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You're absolutely right. I'm going to file the application this weekend. Thanks everyone for the advice and encouragement.

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Good luck with your claim! Remember that even if the initial decision doesn't go your way, the appeals process gives you another chance to present your case with more time to gather evidence and prepare your argument.

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Thanks! I feel much more prepared now to handle whatever happens. This thread has been incredibly helpful.

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I went through a similar situation last year - got terminated for alleged policy violations while dealing with severe anxiety. The key things that helped my case were: 1) Having documentation from my doctor about my mental health condition at the time, 2) Showing I had no prior disciplinary actions, and 3) Demonstrating the employer's evidence wasn't as clear-cut as they claimed. Washington ESD does consider mitigating circumstances, especially mental health issues that may have impaired judgment. Make sure to gather any medical records from that time period and be prepared to explain how your mental state may have affected your actions. The adjudication process was nerve-wracking but fair - they really do listen to both sides before making a decision.

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