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Oliver Cheng

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

I got fired from my retail job last week and I'm not sure if I can even apply for unemployment benefits. My manager said it was for attendance issues but I feel like it wasn't fair - I had some legitimate reasons for being late a few times. Does anyone know if Washington ESD will approve unemployment if you were terminated? I'm really stressed about paying my bills and need to know if it's even worth applying.

Yes, you can potentially get unemployment even if you were terminated, but it depends on the reason. Washington ESD looks at whether you were fired for 'misconduct.' Simple performance issues or attendance problems that aren't willful misconduct usually don't disqualify you. You should definitely apply - the worst they can say is no, and you might be surprised.

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That's encouraging to hear. How do I explain the attendance issues when I file? Should I mention the reasons I was late?

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Be honest in your application. If you had legitimate reasons like transportation issues or family emergencies, include those details. Washington ESD will investigate and contact your employer too.

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I got fired for similar reasons and still got approved for UI benefits. The key is that it has to be 'willful misconduct' for them to deny you. Being late a few times usually doesn't meet that bar unless you were repeatedly warned and ignored it completely.

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How long did it take for Washington ESD to make their decision on your case?

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About 3 weeks. They had to do an adjudication process where they called both me and my former employer to get both sides of the story.

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I've been trying to reach Washington ESD for weeks about my own termination case and can't get through on the phone! The hold times are insane and I keep getting disconnected. Has anyone found a way to actually talk to someone there?

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I had the same problem until I found this service called Claimyr at claimyr.com. They basically call Washington ESD for you and get you connected to an actual agent. Saved me hours of trying to get through myself. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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That sounds too good to be true. Does it actually work?

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Yeah, I was skeptical too but it really did work. Got connected within a few tries instead of spending my whole day redialing.

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MISCONDUCT is the key word here. Washington ESD defines it pretty specifically - it has to be a deliberate violation of workplace rules or standards. Simple mistakes or performance issues usually don't count.

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So if I was just running late due to bus issues, that probably wouldn't be misconduct?

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Probably not, especially if you tried to communicate with your employer about the transportation problems. Document everything you can remember about the circumstances.

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ugh the unemployment system is so confusing!! i got fired too and have no idea what to do. do i apply online or call them?? this is all so overwhelming

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Apply online at esd.wa.gov - it's much easier than trying to call. The online application walks you through everything step by step.

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ok thank you!! i was dreading having to call them

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I got terminated for 'poor performance' and was approved for benefits. The adjudicator told me that unless it's something like theft, violence, or repeatedly ignoring direct orders, most terminations don't disqualify you from UI.

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Did your employer contest your claim?

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They did initially, but after the phone interview Washington ESD sided with me. The whole process took about a month from start to finish.

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Just apply! I see so many people talk themselves out of applying because they think they won't qualify. Let Washington ESD make that decision - don't make it for them. The application is free and the worst case is they say no.

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You're right, I should just go for it. Better to try than wonder what if.

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Exactly! I almost didn't apply when I got fired and it would have been a huge mistake. Got approved and it helped me get through those tough months looking for a new job.

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The Washington ESD adjudication process is actually pretty fair from what I've seen. They really do look at the specific circumstances rather than just rubber stamping denials for terminations.

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That's good to know. I always assumed they sided with employers automatically.

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Nope, they're required to be neutral. Both you and your employer get to tell your side of the story during the fact-finding interview.

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What happens if they deny your claim initially? Can you appeal?

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Yes, you have 30 days to file an appeal if you disagree with their decision. The appeal process includes a hearing where you can present your case more thoroughly.

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Good to know there's a backup plan if things don't go well initially.

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I'm dealing with a similar situation but can't get anyone at Washington ESD on the phone to ask questions about my case. It's been two weeks since I applied and still showing 'pending' status.

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Have you tried that Claimyr service someone mentioned earlier? I just used it yesterday and finally got to talk to someone about my adjudication. Way better than sitting on hold for hours.

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I'll look into it. At this point I'm willing to try anything to get some answers.

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The most important thing is to be completely honest on your application. Washington ESD will find out the truth anyway when they contact your employer, so don't try to hide or minimize what happened.

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That makes sense. I'll just tell them exactly what happened and let them decide.

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Smart approach. Honesty really is the best policy with these unemployment cases.

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How long do you typically have to wait for a decision on a termination case?

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Usually 2-4 weeks for adjudication cases in my experience. Sometimes longer if they're really busy or if it's a complex situation.

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Mine took 5 weeks but that was during a really busy period. The waiting is definitely the hardest part.

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Remember that even if you get approved, you still need to do your weekly claims and job search requirements. Don't forget about those parts of the process!

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Good point! I should probably start looking for jobs right away anyway.

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Definitely. You need to be actively seeking work to keep getting benefits, even during the adjudication process.

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Does anyone know if they look at your whole work history or just the reason for the most recent termination?

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They mainly focus on the most recent job and the reason you're unemployed, but they might look at patterns if there are multiple terminations in your work history.

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That's reassuring. I had one other termination years ago but this recent one was completely different circumstances.

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The bottom line is that most people who get fired can still get unemployment unless it was for something really serious. Don't let fear stop you from applying - you've paid into the system through your paychecks and you have every right to apply for benefits when you need them.

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Thank you everyone for all the advice and encouragement. I'm going to apply tonight and see what happens. Feeling much more confident about it now.

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Good luck! Keep us posted on how it goes.

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