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Diego Mendoza

Can you get unemployment if you point out safety violations to your boss?

I've been working at a warehouse for 8 months and recently started noticing some serious safety issues - faulty equipment, blocked emergency exits, no proper ventilation in chemical storage areas. When I brought these concerns to my supervisor last week, they seemed really annoyed and told me to 'focus on my own job.' Three days later I was terminated for 'poor performance' even though I've never had any write-ups or complaints. I'm pretty sure this is retaliation for speaking up about safety problems. Can I still qualify for Washington ESD unemployment benefits in this situation? I'm worried they'll claim I was fired for cause.

This sounds like wrongful termination to me. In Washington state, you can't be fired for reporting safety violations - that's protected activity under whistleblower laws. When you file your UI claim with Washington ESD, make sure to explain exactly what happened and mention that you believe it was retaliation for reporting safety concerns.

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Thanks, that's reassuring. Should I mention the specific safety violations when I file my claim or just say it was retaliation?

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Be specific but concise. Washington ESD adjudicators need to understand the context of why you believe the firing was retaliatory rather than for legitimate performance reasons.

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You should definitely qualify for benefits. Retaliation for reporting safety issues isn't misconduct under Washington unemployment law. The burden will be on your employer to prove you were actually fired for performance problems, not for speaking up about legitimate safety concerns.

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That makes me feel better. I was so worried I wouldn't be able to get any help while looking for a new job.

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Just make sure you document everything - dates you reported issues, who you spoke to, exact reasons they gave for firing you.

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I had something similar happen to me last year. Couldn't get through to Washington ESD for weeks to explain my situation and was stressed they'd just approve the employer's side of the story. Finally found this service called Claimyr (claimyr.com) that helped me get connected to an actual person at Washington ESD. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ. Made all the difference in getting my case properly reviewed.

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How does that work exactly? I'm already dreading trying to call Washington ESD and explain this whole mess.

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Basically they handle the calling process for you so you don't have to sit on hold forever or get disconnected. Really helpful when you have a complicated situation like yours that needs proper explanation.

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Never heard of that but honestly anything is better than spending hours on hold with Washington ESD just to get hung up on.

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ugh this is exactly why I hate speaking up at work. employers always find ways to get back at you even when you're trying to keep everyone safe. at least you should get unemployment though since it's clearly retaliation

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I know, I almost didn't say anything but some of those safety issues could have really hurt someone.

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You did the right thing. Safety violations can lead to serious injuries or even deaths. Workers have protections for exactly this reason.

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Washington ESD will investigate both sides of the story during adjudication. Since you're claiming the termination was retaliatory, they'll look at the timeline - how soon after you reported safety issues were you fired, what documentation exists about performance problems, etc. Keep all your records organized.

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I took photos of some of the safety issues on my phone. Would that help my case?

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Absolutely. Any evidence that supports your claim about legitimate safety concerns will help establish that your reports were reasonable and in good faith.

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Also check if your workplace has any written safety policies that were being violated. That documentation could be crucial.

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You might also want to file a complaint with Washington State Department of Labor & Industries about the safety violations. Even though you're no longer working there, it could help protect other workers and strengthen your unemployment case.

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I hadn't thought of that. Would filing with L&I help my Washington ESD case somehow?

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It establishes a paper trail showing you were reporting legitimate safety concerns, not just making things up to cause trouble.

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Been through this exact situation three years ago. Reported unsafe ladder conditions, got fired two weeks later for 'attitude problems.' Washington ESD approved my claim after about a month of back and forth. The key is being able to prove the timeline and that your safety concerns were legitimate.

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How long did the whole process take from filing to getting your first payment?

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Filed on a Monday, went into adjudication the following week, took about 3 weeks total to get resolved and payments started.

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3 weeks isn't too bad for adjudication. I've heard some people wait months.

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Make sure when you file your weekly claims you're actively job searching. Washington ESD requires 3 job search activities per week and you need to keep a log. Don't let the stress of this situation make you forget about the ongoing requirements.

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Good point, I need to stay focused on finding new work too. This whole situation has been so stressful.

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I get it, but staying compliant with all the Washington ESD requirements is crucial even when you're dealing with a complicated case like yours.

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One more thing - if your employer contests your claim (which they probably will given the circumstances), don't panic. Claimyr can also help you prepare for any hearings or additional documentation requests from Washington ESD. Having professional help navigating the system really takes the stress out of it.

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I'll definitely look into that if things get complicated. Thanks for mentioning it.

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Yeah, employer contests are pretty common in retaliation cases. They usually try to build a paper trail after the fact to justify the firing.

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Document everything NOW while it's fresh in your memory. Write down exact dates, times, who was present when you reported safety issues, what their responses were, any witnesses to the unsafe conditions. This stuff is easy to forget but crucial for your case.

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Good advice. I'll write everything down tonight while I can still remember all the details clearly.

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Also save any text messages or emails related to the safety reports or your termination. Washington ESD adjudicators love documented evidence.

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this is BS that workers have to worry about getting fired for pointing out dangerous stuff. hope you get your benefits approved quickly

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Thanks, me too. It's frustrating that doing the right thing put me in this position.

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That's exactly why we have these protections though. The law recognizes that workers shouldn't be punished for protecting workplace safety.

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When you file your claim, be very clear in the separation reason section that you believe the termination was retaliatory. Don't just put 'fired' - explain that it was retaliation for reporting safety violations. The more specific you are upfront, the better.

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Is there a character limit on those explanation boxes? I have a lot to explain.

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There are limits but you can usually fit the key points. Focus on the most important facts: what safety issues you reported, when, and how soon after you were terminated.

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Also consider contacting an employment attorney for a consultation. Even if you don't pursue a wrongful termination lawsuit, they can advise you on how to present your unemployment case most effectively.

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I can't really afford a lawyer right now, which is why I need the unemployment benefits so badly.

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Many employment lawyers offer free consultations, and some work on contingency for wrongful termination cases. Worth a phone call at least.

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Even just a consultation could help you understand your rights and strengthen your unemployment claim strategy.

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The Washington State Attorney General's office also has resources about whistleblower protections. Might be worth checking out their website to better understand your rights in this situation.

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I'll look that up. The more I understand about the legal protections, the better I can explain my case to Washington ESD.

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had a coworker go through this exact thing two years ago - reported blocked fire exits, got canned the next week for 'restructuring.' took about 6 weeks but washington esd approved the claim once they reviewed everything

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6 weeks is longer than I was hoping but at least it got approved eventually.

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yeah the adjudication took a while because the employer kept submitting more paperwork trying to justify the firing. but truth came out in the end

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Just want to say you did the right thing reporting those safety issues. Too many workers stay quiet because they're scared of exactly what happened to you. At least in Washington we have decent unemployment protections for whistleblowers.

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Thanks, that means a lot. I keep second-guessing myself but I know those safety problems were serious.

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Don't second-guess yourself. Safety violations can literally kill people. You did what any responsible person should do.

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One practical tip - when you file your initial claim, don't wait to start your job search activities. Even though you'll probably go into adjudication, you still need to be meeting the work search requirements for when your claim gets approved.

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Good reminder. I'll start applying for jobs this week while I'm dealing with the Washington ESD paperwork.

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Yeah, stay compliant with everything from day one. Makes the whole process smoother when your claim gets resolved.

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Keep us updated on how it goes! Cases like yours are important because they show other workers that they have rights and protections when they speak up about safety issues.

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I will! Hopefully I'll have good news to share in a few weeks.

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Yes, please update us. Your experience could help other workers in similar situations.

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Quick question - did you report the safety issues in writing or just verbally? Written reports usually carry more weight in these retaliation cases.

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It was verbal to my supervisor, but I did email our safety coordinator about one of the issues. I should find that email.

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Definitely find that email! Any written documentation of your safety concerns will help your case significantly.

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That email could be the smoking gun that proves you were raising legitimate safety concerns before the termination.

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Another thought - if you have any coworkers who witnessed the safety issues or your conversations with management, their statements could be valuable. Even if they're still employed and scared to get involved officially, they might be willing to provide information to Washington ESD.

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There are a couple people who saw the same problems I did. I'm not sure if they'd be willing to speak up though.

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You could at least ask. Sometimes people are more willing to help than you expect, especially when it comes to safety issues.

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This is a really strong case for unemployment benefits. Washington state has robust protections for workers who report safety violations, and the timing here is pretty damning - three days between raising concerns and termination is textbook retaliation. When you file your claim, emphasize that you were terminated for protected activity (reporting safety hazards) rather than any legitimate performance issues. The fact that you have no prior write-ups or disciplinary actions will work heavily in your favor during adjudication. Make sure to gather all your documentation - photos of safety violations, any emails or texts about the issues, and definitely find that email you sent to the safety coordinator. That written evidence will be crucial.

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