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Javier Cruz

Can you get unemployment if you're fired in Washington state?

My supervisor terminated me last Friday after what they called 'performance issues' but I think it was really because I questioned some safety protocols at our warehouse. I've been working there for 8 months and this came out of nowhere. I know getting fired is different from being laid off, but can I still file for unemployment benefits through Washington ESD? I'm really stressed about how I'm going to pay rent next month.

Yes, you can absolutely file for unemployment if you were fired, but it depends on the reason. Washington ESD will approve your claim unless you were terminated for 'misconduct.' Performance issues usually don't qualify as misconduct unless they involve willful violations of company policy.

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That's a relief to hear. What exactly counts as misconduct? I was never written up or anything, just had this one conversation about safety concerns.

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Misconduct has to be willful and substantial. Things like theft, violence, or deliberately violating known policies. Questioning safety protocols definitely wouldn't qualify as misconduct.

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File your claim ASAP! Even if your employer contests it, you should still apply right away. I was fired from my retail job for 'attitude problems' and still got approved after they investigated.

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How long did the investigation take? I'm worried about the time it might take to get approved.

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Mine took about 3 weeks for the adjudication process. They interviewed both me and my former supervisor by phone.

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I had trouble getting through to Washington ESD when I needed to check on my claim status after being fired. The phone lines are always busy and I kept getting disconnected. I found this service called Claimyr that helped me get through to an actual agent - you can check them out at claimyr.com. They have a video demo at https://youtu.be/7DieNd3C7zQ that explains how it works.

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

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It was worth it for me because I was able to get my questions answered quickly instead of spending hours trying to call. The peace of mind was valuable when I was stressed about my claim.

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You'll need to be prepared for your employer to fight it. Most companies automatically contest unemployment claims to keep their rates low. Make sure you document everything about why you were fired.

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I don't have much documentation since it happened so suddenly. Should I write down everything I remember?

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Yes, write down dates, times, who was present, exactly what was said. Also gather any emails or texts related to the situation.

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And if you have any coworkers who witnessed the safety discussion, get their contact info. They might be willing to provide statements.

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The key thing Washington ESD looks at is whether your firing was for misconduct or just poor performance. Since you were questioning safety issues, that actually makes you look responsible, not problematic.

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That's what I thought too. The safety protocols seemed really inadequate and I was genuinely concerned about accidents.

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Document those safety concerns if you can. That shows you were acting in good faith as an employee, not being insubordinate.

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ugh this happened to me too last year, got fired for 'not fitting the company culture' which was total BS. Still got my unemployment though after they did their investigation thing

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Did you have to do anything special during the investigation?

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nah just answered their questions honestly when they called. be prepared to explain your side of the story clearly

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One important thing - when you file your initial claim, be honest about being fired but focus on the specific circumstances. Don't just say 'performance issues' - explain that you were raising safety concerns.

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Should I mention that I think it was retaliation for questioning the safety protocols?

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Yes, absolutely mention that context. Washington ESD needs to understand the full situation to make a fair determination.

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File online at esd.wa.gov as soon as possible. Don't wait thinking about it - your benefit year starts from when you file, not when you were terminated.

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Thanks, I'll do that tonight. Is there anything I need to have ready before I start the application?

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Have your SSN, driver's license, and employment history for the past 18 months ready. Also any documentation about your termination.

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I was so scared when I got fired that I wouldn't qualify for benefits, but it turned out my employer couldn't prove misconduct. The burden is on them to show you did something wrong, not on you to prove you didn't.

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That makes me feel better. I was worried I'd have to prove I was a good employee or something.

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Exactly, Washington ESD assumes you're eligible unless the employer can prove otherwise with documentation.

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Make sure to file your weekly claims even while your case is being adjudicated. If you're eventually approved, you'll get backpay for those weeks, but only if you filed the claims.

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Good point, I wouldn't have thought of that. How do I file weekly claims if my case isn't approved yet?

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You file them the same way through your eServices account. The system will hold them pending the decision on your eligibility.

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whatever you do dont let them intimidate you into not filing. employers love to tell people they cant get unemployment when they fire them but thats not true at all

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My supervisor did say something like that when they fired me. Said I 'probably wouldn't qualify for benefits.

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yeah they always say that to try to discourage people. file anyway and let washington esd decide

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Just want to follow up on the Claimyr thing I mentioned earlier - I used it again last week when I had questions about my job search requirements. Really helped me avoid the frustration of trying to get through on the phone during peak hours.

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Is that service legit? I'm always suspicious of things that charge to help with government benefits.

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Yeah it's legitimate, they just help you get through to the actual Washington ESD agents faster. You're still talking to real ESD staff, not some third-party representative.

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The whole system is designed to make it hard for working people to get benefits they've earned. Fight for what you deserve!

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While I understand the frustration, Washington ESD does approve most legitimate claims. The key is understanding the process and providing accurate information.

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Maybe, but they sure don't make it easy to navigate all the requirements and deadlines.

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I got fired from three different jobs over the years and got unemployment each time. As long as you weren't stealing or fighting or something serious, you should be fine.

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Three times? Did it get easier to navigate the process each time?

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Yeah you learn what to expect. The phone interviews are pretty straightforward - just stick to the facts about what happened.

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Quick question - do you have to do the WorkSource job search stuff even while your claim is being investigated?

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Yes, you need to register with WorkSourceWA and start your job search activities right away. Don't wait for your claim to be approved.

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Thanks, I didn't want to miss any requirements while waiting for my eligibility determination.

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The most important thing is to file quickly and be completely honest about the circumstances. Washington ESD has heard every story and they can usually tell when someone is trying to hide something.

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I definitely plan to be honest. I have nothing to hide - I was just trying to be a responsible employee by raising safety concerns.

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That attitude will serve you well. Your case sounds like it should be approved without much trouble.

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One more tip - if your employer does contest your claim and you disagree with the initial decision, you can appeal. Don't give up if the first decision doesn't go your way.

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Good to know there's an appeal process. Hopefully it won't come to that, but it's reassuring to know I have options.

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The appeal process is pretty fair from what I've seen. You get to present your case to an administrative law judge who reviews everything independently.

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Update us on how it goes! I'm sure other people will be in similar situations and your experience could help them.

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I will definitely update once I hear back from Washington ESD. Thanks everyone for all the helpful advice and encouragement!

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Good luck! Remember that most people who file for valid reasons do get approved eventually.

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