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Miguel Ramos

Can you get unemployment if you're fired - Washington ESD eligibility questions

My supervisor terminated me last week for what they called 'performance issues' but I think it was really because I complained about safety violations at our warehouse. I've worked there for almost 2 years with no prior write-ups or warnings. Can I still file for unemployment benefits through Washington ESD even though I was fired? I'm worried they'll deny my claim because it wasn't a layoff. Has anyone successfully gotten UI benefits after being terminated?

Yes, you can absolutely file for unemployment even if you were fired! Washington ESD looks at whether it was 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or you ignored clear warnings. The fact that you had no prior write-ups actually helps your case.

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That's encouraging to hear. Should I mention the safety complaint issue when I file my claim?

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Definitely mention it if you think retaliation was involved. Washington ESD investigates these situations during adjudication.

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I got fired from my retail job for being late too many times and still got approved for benefits. It took about 3 weeks for adjudication but they ruled in my favor because I had transportation issues they considered beyond my control.

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

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About 5 weeks total including the adjudication delay. The waiting was stressful but worth it.

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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 reach an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling and getting busy signals.

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Is that legitimate? I've never heard of services like that for unemployment.

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Yeah it's real, check out claimyr.com. They basically handle the calling for you so you don't have to keep redialing.

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Interesting, might try that if I run into issues with my own claim.

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Washington ESD will investigate your termination during the adjudication process. They'll contact your employer to get their side of the story. Performance issues alone rarely disqualify you unless there was gross negligence or willful misconduct. Being fired for attendance, not following clear instructions after warnings, or policy violations is different than being fired for not meeting production quotas.

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What exactly happens during adjudication? Do I need to provide any documentation?

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Washington ESD will ask for details about your termination and may request any documentation you have. Keep records of everything including your safety complaint if you filed one officially.

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ugh the whole system is so confusing... I got fired too but for completely different reasons and I'm terrified to even apply because what if they deny me and then I wasted all this time???

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You should definitely apply! The worst that happens is they say no, but you might be surprised. There's no penalty for applying.

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I guess you're right... I just hate dealing with government websites and all that paperwork

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File immediately if you haven't already! There's a waiting period anyway so the sooner you get the process started the better. I waited two weeks after I got laid off and regretted not filing right away.

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I was planning to wait until I exhausted my job search efforts but sounds like I should file now?

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Yes file now! You still have to do job searches while collecting anyway, so might as well start the claim process.

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The safety violation angle might actually help your case if you can prove retaliation. Washington has pretty strong whistleblower protections and ESD considers that during their review process.

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I did email HR about the safety issues a few days before I was fired. Would that help prove the timing?

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Absolutely keep that email! That timeline could be very important during adjudication.

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same thing happened to my brother last year, 'performance issues' right after he complained about wage theft... he got approved for UI benefits after they investigated

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That gives me hope! Did he have to appeal or did Washington ESD approve him initially?

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took about a month but they approved him without needing to appeal, the adjudication process worked in his favor

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Don't let them intimidate you! I've seen so many people think they can't get benefits after being fired but performance issues are NOT the same as misconduct. Washington ESD looks at the specific circumstances, not just whether you were terminated.

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This is so true! I was scared to apply after getting fired but it turned out fine.

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Exactly! Too many people don't even try because they assume they're disqualified.

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When you file your weekly claims make sure you're honest about the circumstances of your termination. Washington ESD will find out anyway when they contact your employer, so being upfront from the start looks better.

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Should I mention my suspicions about retaliation or just stick to the facts they told me?

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I'd mention both - what they officially said and your concerns about the timing with your safety complaint.

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Whatever you do don't quit a job thinking you can get unemployment easier that way - that's actually harder to get approved! Being fired for performance is usually much better for UI eligibility than quitting.

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Really? I always thought quitting was better than being fired for benefits.

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Nope! Quitting requires proving 'good cause' which is really hard. Being fired just requires proving it wasn't misconduct.

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I had a similar situation and ended up using Claimyr to get through to Washington ESD when my adjudication was taking forever. Way easier than trying to call myself dozens of times. Check out their site at claimyr.com if you need to actually talk to someone about your case.

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How much does something like that cost? I'm already stressed about money.

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It's worth checking out their pricing but honestly saved me so much time and frustration trying to reach an actual person at ESD.

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The key thing is that performance issues usually don't rise to the level of 'misconduct' that would disqualify you. Misconduct is things like theft, violence, or willfully violating clear policies after warnings. Not meeting quotas or making mistakes doesn't count.

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That makes sense. They never gave me specific warnings about my performance either.

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That actually helps your case! Lack of progressive discipline suggests it wasn't willful misconduct.

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washington esd takes forever to process these things... my adjudication took 6 weeks and I was going crazy waiting

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Did you try calling to check on the status? I keep getting busy signals.

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yeah calling is hopeless, their phone system is overloaded constantly

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Make sure you start doing your job search activities right away even while your claim is in adjudication. Washington ESD requires 3 job search activities per week and you need to log them in WorkSourceWA.

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Do I need to do job searches during the adjudication period or only after I'm approved?

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Start immediately! Even if your claim gets approved retroactively, you'll need those job search logs for every week you're claiming benefits.

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File online through the Secure Access Washington website, it's way faster than trying to call. The adjudication will happen automatically once you submit your initial claim.

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Thanks, I'll start the application tonight. Feeling more confident about this now.

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Good luck! Remember that most people who get fired for performance issues do get approved eventually.

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Just wanted to add that if you do get denied initially, you can always appeal the decision. The appeals process gives you another chance to present your case, especially with the retaliation angle you mentioned.

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How long do you have to file an appeal if needed?

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You have 30 days from the date of the determination notice to file an appeal with Washington ESD.

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One more tip - when they ask about your separation reason, be specific but concise. 'Terminated for alleged performance issues following safety complaint' is better than a long emotional explanation.

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That's good advice, I tend to over-explain things when I'm nervous.

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Keep it factual and let the adjudicator ask follow-up questions if they need more details.

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If you need to reach someone at Washington ESD about your claim and can't get through on the phone, that Claimyr service mentioned earlier actually works. I was skeptical at first but it saved me from weeks of calling. Worth looking into if you run into issues.

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I'll keep that in mind if I need to talk to someone during the process. Thanks everyone for all the helpful advice!

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Good luck with your claim! Sounds like you have a good case based on the circumstances you described.

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