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Justin Chang

Can you get unemployment if you were fired in Washington?

Got terminated from my warehouse job last Friday and I'm wondering if I can still file for unemployment benefits through Washington ESD. My supervisor said I was let go for 'performance issues' but honestly I think they just wanted to cut costs. I've been working there for almost 2 years with no major write-ups or anything. Does being fired automatically disqualify you from UI benefits in Washington state? I really need to know before I waste time filing a claim.

You can definitely still get unemployment even if you were fired, but it depends on the reason. Washington ESD looks at whether it was 'misconduct' or not. Performance issues usually aren't considered misconduct unless you were willfully ignoring your job duties. If they fired you for attendance, tardiness, or not being able to do the work properly, that's usually not disqualifying.

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That's really helpful, thank you! They never said it was misconduct, just that my productivity wasn't meeting expectations. I was doing my best but the quotas were honestly unrealistic.

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Yeah performance issues are different from misconduct. You should be fine to file.

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File your claim right away! Washington ESD will investigate and make a determination. Even if they initially deny you, you can appeal. The key is whether your termination was for 'misconduct connected with work.' Simple poor performance or inability to meet standards usually doesn't qualify as misconduct. Make sure to file within the first week after losing your job to avoid any delays.

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Should I mention that I think they were just cutting costs? Or just stick to what they told me about performance?

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Stick to the facts about what they told you. If Washington ESD contacts your employer during the investigation, they'll get both sides of the story.

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I was in a similar situation last year - got fired from my retail job for 'not meeting sales goals' even though the targets were impossible. Filed for unemployment anyway and got approved after they investigated. Washington ESD contacted my former employer and determined it wasn't misconduct. The whole process took about 3 weeks but I got my benefits. Definitely file your claim!

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That gives me hope! Did you have to provide any documentation or just explain what happened?

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Just explained what happened in the application. Washington ESD does their own investigation and contacts the employer directly.

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How long did it take to hear back after you filed?

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If you're having trouble getting through to Washington ESD to check on your claim status, I recently discovered this service called Claimyr (claimyr.com) that helps you actually reach a real person at the unemployment office. They have this demo video that shows how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of being on hold and getting disconnected.

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Never heard of that before. Does it actually work for Washington ESD?

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Yeah it worked for me when I needed to talk to someone about my adjudication. Way better than calling the regular number and waiting forever.

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just file asap, worst case they say no and you appeal it

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This. Nothing to lose by trying.

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True, I guess there's no downside to applying.

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Make sure you understand the difference between being fired for cause vs. being laid off. If they're claiming performance issues but you were really just one of many people they let go for budget reasons, that's actually a layoff situation and you'd definitely qualify. Sometimes employers frame layoffs as performance issues to avoid paying higher unemployment insurance rates.

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Interesting point. They did lay off 3 other people in my department around the same time, but they told each of us it was for different 'performance' reasons.

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That sounds suspicious. Definitely mention that pattern when you file your claim.

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Yeah that's a red flag. Sounds like they were doing layoffs but didn't want to call them layoffs.

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Washington ESD is pretty fair about these things. I've seen people get approved even when they were fired for attendance issues as long as it wasn't willful misconduct. Performance problems, inability to do the job, personality conflicts - none of that is usually disqualifying misconduct.

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Good to know. I was worried that any termination would automatically disqualify me.

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Nope, the law is pretty specific about what constitutes disqualifying misconduct. Simple job performance issues don't usually meet that standard.

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File online at secure.esd.wa.gov as soon as possible. Don't wait around wondering if you qualify - let Washington ESD make that determination. The sooner you file, the sooner you can start receiving benefits if approved.

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Thanks for the website link. I'll file tonight.

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Yeah don't overthink it, just apply

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One more thing - if Washington ESD does contact you for more information during their investigation, be honest but don't volunteer negative information about yourself. Answer their questions directly but don't elaborate unless asked. They're trying to determine if your employer had cause to fire you for misconduct.

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That's really good advice. I tend to overshare when I'm nervous.

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Yeah just stick to the facts. Let them ask follow-up questions if they need more details.

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I got fired from my last job for supposedly not following procedures, but it was really because I complained about safety issues. Still got my unemployment after Washington ESD investigated. They're pretty thorough about looking into the real reasons behind terminations.

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Wow, that sounds like retaliation. Glad you got your benefits approved.

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Yeah it took a few weeks but they saw right through my employer's excuse.

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Just wanted to add - if you do get initially denied and need to appeal, that Claimyr service I mentioned earlier is really helpful for getting through to talk to someone at Washington ESD about your appeal status. The regular phone lines are impossible to get through on.

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How much does something like that cost though?

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It's worth it when you need to actually reach someone. Way cheaper than missing out on benefits while you can't get through to resolve issues.

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The system is SO broken. Been trying to call Washington ESD for weeks about my claim and can never get through. Thousands of people calling the same numbers and only like 5 people answering phones.

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Tell me about it. I spent 6 hours on hold last week just to get disconnected.

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This is exactly why I started using Claimyr. Got through in like 15 minutes instead of wasting entire days trying to call.

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Performance issues are usually not misconduct unless you were deliberately sabotaging your work or refusing to follow clear instructions. Sounds like you have a good case for benefits. File your claim and don't stress too much about it.

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Thanks everyone for all the helpful advice. I'm feeling much more confident about filing now.

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Good luck! Hope everything works out for you.

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washington unemployment laws are actually pretty worker-friendly compared to some states. they really do look at whether the firing was your fault or not

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Agreed, Washington ESD seems more fair than a lot of other states I've heard about.

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Final thought - document everything about your termination while it's fresh in your memory. Write down exactly what your supervisor said, what reasons they gave, dates of any meetings or write-ups, etc. This information could be helpful if Washington ESD needs more details during their investigation.

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Smart idea. I'll write down everything I can remember from the meeting where they fired me.

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Yeah good documentation always helps with these kinds of situations.

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Don't let them intimidate you into thinking you don't deserve benefits. If you worked and paid into the system, and you didn't do anything willfully wrong, you have every right to file for unemployment when you lose your job through no fault of your own.

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You're absolutely right. I did pay into this system and I worked hard at that job.

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Exactly! That's what unemployment insurance is for - situations just like yours.

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Update us on how it goes! Always curious to hear how these situations turn out.

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Will do! Planning to file my claim tonight and I'll post an update once I hear back from Washington ESD.

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Good luck OP! Sounds like you have a solid case based on what everyone's saying here. Performance issues definitely aren't the same as misconduct.

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Thanks! Feeling much more optimistic after reading everyone's responses.

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One last tip - make sure you're ready to start your job search requirements right away if you get approved. Washington ESD requires you to be actively looking for work and you'll need to log your job search activities.

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Good point. I already started updating my resume, so I'm ready to start applying places.

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Perfect! That shows you're taking it seriously and ready to get back to work.

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Really hope everything works out for you OP. Being fired is stressful enough without having to worry about whether you can get unemployment benefits. Sounds like you should be fine based on what you've described.

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Thank you so much! This thread has been incredibly helpful and reassuring. I really appreciate everyone taking the time to share their experiences and advice.

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