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Tobias Lancaster

Can you get unemployment if you get fired in Washington - need advice

My supervisor terminated me yesterday for what they called 'poor performance' but I think it was really because I questioned some safety protocols at our warehouse. I've been working there for 8 months and never had any written warnings or formal disciplinary action. Can I still file for Washington ESD unemployment benefits even though I was fired? I'm really stressed about paying rent next month and don't know if I should even bother applying.

Yes, you can definitely apply for unemployment benefits even if you were fired! The key is whether it was 'misconduct' or not. Poor performance usually doesn't count as misconduct unless it was willful or you ignored direct orders. Washington ESD will investigate and make a determination.

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That's a relief to hear. Should I mention the safety issue stuff when I file my claim?

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Absolutely mention it. If you were fired for raising legitimate safety concerns, that could actually strengthen your case.

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I got fired from my last job too and still got benefits. The Washington ESD will contact your employer to get their side of the story. Just be honest about what happened when you file.

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How long did it take for them to approve your claim after being fired?

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About 3 weeks, but that was because they had to do an adjudication to review the termination.

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If you're having trouble getting through to Washington ESD to check on your claim status, I found this service called Claimyr that helped me get connected to an actual person. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling and getting hung up on.

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How much does something like that cost? I'm already broke from being fired.

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Check out claimyr.com for details, but honestly when you're dealing with adjudication issues it's worth it to actually talk to someone at Washington ESD.

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The Washington ESD looks at whether you were fired for 'misconduct connected with work.' Poor performance alone usually isn't misconduct unless you were deliberately doing bad work or refused training. Safety whistleblowing is actually protected in many cases.

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What counts as misconduct then? I'm worried they'll say I was insubordinate for questioning the safety stuff.

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Misconduct has to be willful or wanton disregard of employer interests. Asking about safety isn't that - it's actually protecting everyone's interests including the company's.

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Yeah but employers always make stuff up to avoid paying unemployment. They'll probably claim he was being disruptive or something.

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omg this is like my worst nightmare... what if they deny my claim and then I can't appeal or something?? I've never dealt with unemployment before and I'm freaking out about the whole process

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Take a deep breath! Even if they deny it initially, you have 30 days to appeal. The appeal process gives you a chance to present your case in detail.

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Same here, I've never filed before either. This whole thing is so stressful.

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File your claim as soon as possible - like today if you can. Benefits are calculated from when you file, not when you were terminated. Don't wait around wondering if you qualify.

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Good point, I'll file online tonight. The Washington ESD website is secure.esd.wa.gov right?

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Yes, that's the right site. Make sure you have your employment history and wage info ready.

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honestly the unemployment system is so messed up, they make it impossible to get through on the phone and then act like you're trying to scam them when you need help

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RIGHT?? I spent 6 hours calling last week and never got through to a human. The whole system is broken.

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That's exactly why I used Claimyr - I was getting nowhere with the regular phone lines and needed to talk to someone about my adjudication.

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For what it's worth, Washington state is generally more worker-friendly than a lot of places when it comes to unemployment claims. The fact that you didn't have any prior warnings works in your favor.

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That's reassuring. I was worried because I'm still pretty new to the job - only 8 months.

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8 months is plenty to establish your work history. You should be fine on that front.

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Make sure you document everything about the safety concerns you raised. Dates, who you talked to, what their responses were. That could be crucial if this goes to an appeal hearing.

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I wish I had thought to document it at the time. I do remember the specific dates though and who was there.

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Write down everything you remember now while it's fresh. Even if you don't have written records, your testimony matters.

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wait so if I get fired can I still get unemployment too? I thought only people who got laid off could get it

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No, you can get unemployment if you're fired too, as long as it wasn't for misconduct. Being laid off is just one way to become eligible.

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Exactly. The key is the reason for separation, not just the fact that you were separated.

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I got denied initially when I was fired but won my appeal. The key was showing that what they called 'insubordination' was actually me following company policy that my supervisor was ignoring.

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How did the appeal hearing go? Was it intimidating?

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It was mostly over the phone. The judge asked both sides questions and made a decision. Having documentation helped a lot.

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The whole adjudication process takes FOREVER though. I've been waiting 5 weeks for them to make a decision on my claim.

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5 weeks?? That's crazy. Have you tried calling to check the status?

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Tried calling but can never get through. The automated system just says it's still pending.

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This is exactly why I ended up using Claimyr - couldn't get through any other way to find out what was happening with my adjudication.

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Just wanted to say good luck with your claim! Being fired doesn't automatically disqualify you, especially if it was about safety concerns.

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Thanks, I really appreciate all the advice from everyone here. Feeling much more confident about filing now.

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One more thing - make sure you start your job search right away and keep records. Washington ESD requires you to be actively looking for work even while your claim is being adjudicated.

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Do I need to log job searches even if my claim isn't approved yet?

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Yes, you need to be available and actively seeking work from the day you file. It's one of the ongoing eligibility requirements.

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had a similar situation last year - got fired for 'attitude problems' but it was really because I reported harassment. Washington ESD approved my claim after investigating.

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That gives me hope. How long did the investigation take?

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About a month total. They interviewed me, my former supervisor, and HR before making their decision.

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The employer will probably fight it since they have to pay higher unemployment taxes if you get approved. Be prepared for them to exaggerate or misrepresent what happened.

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Yeah I'm worried about that. They might make the safety issue sound like I was being difficult.

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That's why documenting your version of events is so important. Get your story straight and stick to the facts.

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Apply ASAP! Even if you end up not qualifying, there's no penalty for applying. But if you wait and then qualify, you lose out on benefits for the weeks you delayed.

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Good point. I'm definitely filing tonight. Better safe than sorry.

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Exactly. The worst they can say is no, but you might be surprised and get approved.

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BTW if you do get into adjudication hell and need to actually talk to someone at Washington ESD, that Claimyr thing someone mentioned earlier actually works. Used it when I was stuck in limbo for weeks.

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Did it actually get you through to a real person? The regular phone system is useless.

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Yeah, got connected to an actual adjudicator who could see my case. Way better than the automated runaround.

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UPDATE: Just filed my claim online. Thanks everyone for the encouragement and advice. Fingers crossed it goes smoothly but at least now I know what to expect if it doesn't.

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Great job getting it filed! Keep us posted on how it goes.

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You did the right thing. Remember to file your weekly claims even while it's being reviewed.

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Hope it works out better for you than it did for me. The process sucks but you might get lucky.

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this whole thread is making me realize I should have applied when I got fired 3 months ago... ugh probably too late now

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It's probably too late to get benefits for those past months, but you could still apply if you're still unemployed. Better late than never.

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yeah I found another job but it's part time and pays way less. so frustrating.

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