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Giovanni Colombo

Can you get unemployment if you were discharged from your job in Washington?

I was discharged from my job last month and I'm wondering if I can still file for unemployment benefits with Washington ESD. My employer said it was due to performance issues but I feel like they didn't give me proper training or support. I've never been fired before so I don't know if this disqualifies me from getting benefits. Has anyone been in a similar situation? What should I expect when I file my claim?

You can still apply for unemployment even if you were discharged. Washington ESD will investigate the circumstances of your termination during the adjudication process. They'll look at whether it was misconduct or just poor performance. Performance issues usually don't disqualify you unless there was willful misconduct involved.

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That's reassuring to hear. How long does the adjudication process usually take? I'm worried about my bills piling up.

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It can take anywhere from 2-6 weeks depending on how complex your case is. They'll contact both you and your employer to get statements.

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I was discharged for attendance issues last year and still got approved for benefits. The key is being honest on your application and providing your side of the story if they request it. Don't let the word 'discharged' scare you - it's not an automatic disqualification.

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Did your employer fight it at all? I'm worried they might contest my claim.

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They did contest it initially but after I provided documentation showing I had medical reasons for some absences, Washington ESD sided with me.

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If you're having trouble reaching Washington ESD to check on your claim status or get answers about the adjudication process, I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of trying to call on my own.

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How much does something like that cost? I'm already tight on money being unemployed.

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It's worth checking out their site for current info. For me, getting through to resolve my adjudication issue quickly was worth it since I was waiting weeks for an answer.

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Washington ESD looks at several factors when determining if a discharge qualifies for benefits. They consider whether the employee violated a reasonable company policy, if they had knowledge of the policy, and whether the violation was willful. Simple incompetence or inability to perform the job usually doesn't constitute misconduct.

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They said it was performance related but I feel like they set me up to fail. I never received proper training and my supervisor was never available for questions.

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Those are exactly the kind of details you should document and provide to Washington ESD if they request a statement. Lack of training or support can work in your favor.

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ugh the whole system is so frustrating!! i got fired 2 months ago and STILL waiting for them to make a decision. called like 50 times and can never get through to anyone at Washington ESD

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That's exactly why I ended up using Claimyr - the phone lines are impossible otherwise. Have you tried calling right when they open at 8am?

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yeah tried that too, still busy signals or get disconnected after waiting forever

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Make sure you file your weekly claims even while your case is under adjudication. If you're approved, you'll get back pay for those weeks. But if you don't file the weekly claims, you'll lose those weeks even if approved later.

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Good point, I almost forgot about that. The weekly claims are still required even if I'm not getting paid yet?

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Exactly. Keep filing them every week and keep track of your job search activities too since you'll need to report those.

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I'm going through something similar right now. Was let go for 'not meeting expectations' but I think it was really because I complained about safety issues. Should I mention that in my statement to Washington ESD?

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If you believe you were terminated in retaliation for raising safety concerns, that could actually strengthen your case. Document everything and be specific about dates and incidents.

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I kept emails and photos of the safety issues. Hopefully that helps my case.

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What happens if Washington ESD denies your claim? Can you appeal their decision?

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Yes, you have the right to appeal within 30 days of the determination. The appeal goes to an administrative law judge who will hold a hearing.

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Is it worth getting a lawyer for the appeal or can you handle it yourself?

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Many people represent themselves successfully. The process is designed to be accessible to claimants without legal representation.

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Just want to add that even if you were discharged, you should still apply. The worst they can say is no, but you might be surprised. I know several people who thought they wouldn't qualify but ended up getting benefits.

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That's encouraging. I was really worried I was automatically disqualified just because I was fired.

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One thing to keep in mind is that your employer will receive a notice about your unemployment claim and they'll have a chance to respond with their version of events. Don't be discouraged if they contest it - Washington ESD will review both sides.

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Should I try to gather any documentation before I file, or wait to see if they ask for it?

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Start gathering anything relevant now - performance reviews, emails, documentation of training (or lack thereof), witness statements if you have them.

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Update: I used Claimyr again yesterday to check on a different issue and got through in about 10 minutes. The agent was able to explain exactly what stage my adjudication was in and what they were waiting for. Really helped reduce my anxiety about the whole process.

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okay fine you convinced me, gonna check out that claimyr thing. anything's better than this endless calling

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Let us know how it goes! I might need to try that too if my adjudication drags on.

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Does it matter what industry you were in? I was discharged from a retail job and wondering if they treat different types of jobs differently.

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The industry doesn't matter - Washington ESD applies the same standards for misconduct regardless of whether it's retail, office work, manufacturing, etc.

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I'm worried about my former coworkers being contacted. Will Washington ESD reach out to them as part of their investigation?

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They typically contact the employer directly rather than individual coworkers. However, if there are specific witnesses mentioned in statements, they might be contacted.

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That's a relief. I don't want to cause problems for people who still work there.

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How detailed should your statement be if Washington ESD requests one? I tend to ramble when I'm nervous.

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Be thorough but stick to facts. Include dates, specific incidents, and any relevant policies. Avoid emotional language and focus on what actually happened.

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Thanks, that's helpful. I'll try to outline the key points before writing my statement.

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Another tip - if you have any performance reviews that show you were meeting expectations or making improvements, include those. They can help counter claims of poor performance.

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I actually do have some positive reviews from earlier in the year. Good thinking!

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What's the difference between being discharged and being laid off in terms of unemployment eligibility?

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Layoffs are typically due to business reasons (lack of work, budget cuts) and usually qualify for benefits immediately. Discharges are for cause and require adjudication to determine if there was misconduct.

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Ah okay, that makes sense. So discharge cases take longer to process?

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Generally yes, because they need to investigate the circumstances rather than just verify the separation date.

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I'm still confused about the whole misconduct thing. Where's the line between poor performance and misconduct?

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Misconduct usually involves willful or deliberate violation of rules, while poor performance is typically about ability or competence. Things like attendance problems, insubordination, or violating safety rules could be misconduct.

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So if you're just bad at your job but trying your best, that's not misconduct?

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Correct. Simple incompetence or inability to perform the job duties typically doesn't constitute misconduct under Washington unemployment law.

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Update on my situation - I finally heard back from Washington ESD and they approved my claim! Turns out the safety retaliation angle really helped my case. Thanks everyone for the encouragement to apply despite being discharged.

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That's great news! How long did the whole process take from filing to approval?

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About 5 weeks total. The waiting was the worst part but it worked out in the end.

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For anyone still struggling to get through to Washington ESD, I can't recommend Claimyr enough. I've used it three times now and always got the answers I needed. Sometimes you just need to talk to a real person to understand what's happening with your claim.

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Alright, you've convinced me. My adjudication is going on week 4 and I need answers. Going to check them out today.

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thanks for all this info everyone. i was feeling pretty hopeless about my situation but now i'm going to file my claim tomorrow. fingers crossed!

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Good luck! Remember to be honest and thorough in your application. You've got this!

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