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Giovanni Colombo

Can you go on unemployment if you get fired from your job in Washington?

I just got terminated from my job yesterday for what they called 'performance issues' but I think it was really because I complained about safety violations. My manager said I wouldn't be eligible for unemployment because I was fired, but I've heard conflicting information. Can you actually file for Washington ESD unemployment benefits if you get fired? I'm really stressed about this because I have bills to pay and I'm not sure what my options are.

Yes, you can absolutely file for unemployment benefits even if you were fired! The key is whether it was for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or repeated violations after warnings. Safety complaints are actually protected activity, so that could work in your favor.

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That's a relief to hear! How do I prove it wasn't misconduct? I have emails about the safety issues I raised.

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Keep all those emails! When Washington ESD reviews your claim, they'll look at documentation from both you and your employer. Safety complaints are protected under whistleblower laws.

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File immediately! Don't wait because your benefit year starts when you file, not when you lost your job. Washington ESD will investigate and make a determination. Even if your employer contests it, you can still get benefits while the adjudication process happens.

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Should I be worried about the adjudication process? How long does that usually take?

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Adjudication can take 3-6 weeks typically. You'll get a phone interview where you can explain your side of the story. Be honest and have your documentation ready.

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I went through something similar last year. Got fired for 'attitude problems' but it was really retaliation for filing a complaint with HR. I was super worried about calling Washington ESD to check on my claim status because the phone lines are always busy. Someone here recommended Claimyr (claimyr.com) and it was a game changer - they got me through to an actual agent in minutes instead of hours of busy signals. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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

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It's worth it when you consider how much time you save not redialing constantly. Plus getting accurate information about your claim status is crucial.

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Never heard of this before but sounds interesting. Did they actually help resolve your claim issues?

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your manager is wrong, lots of people get unemployment after being fired. the only time you cant get it is if you did something really bad like stealing or fighting at work. performance stuff usually doesnt count unless you were like deliberately messing up

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That's what I thought! My performance reviews were always decent, it was just after I complained about safety stuff that everything went downhill.

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yeah that sounds like retaliation to me. definitely file and explain about the safety complaints

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OMG this is exactly what I'm going through right now! Got fired two weeks ago and I've been afraid to file because my boss said I wouldn't qualify. This thread is so helpful - I'm filing today! Does anyone know if there are any other requirements besides just being fired without misconduct?

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You need to have worked enough hours in your base period and be able and available for work. You'll also need to do job searches once you start receiving benefits.

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What's the base period? And how many job searches do I need to do?

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Base period is usually the first 4 of the last 5 completed quarters before you filed. Job search requirements vary but it's typically 3 per week.

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Been dealing with Washington ESD for months now and let me tell you, getting through on the phone is IMPOSSIBLE. I've literally spent entire days trying to reach someone about my adjudication. Finally used Claimyr after seeing it mentioned in another thread and got connected immediately. Wish I'd known about it sooner!

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How did you find out about Claimyr? I'm already dreading having to call Washington ESD.

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Someone posted about it on here actually. Game changer for dealing with Washington ESD phone system. Check out their demo video to see how it works.

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File your claim online at esd.wa.gov right away. When they ask about the reason for separation, be very specific about the safety complaints you made and how the termination happened after that. The timing is important for your case.

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Should I mention the safety complaints in the initial application or wait for the interview?

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Mention it in the application and be prepared to discuss it in detail during the adjudication interview. Having documentation helps tremendously.

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also make sure you file your weekly claims even if your main claim is still pending. i made that mistake and lost out on benefits for those weeks

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Good to know! I'll make sure to do that. Do you file the weekly claims online too?

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yep, same website. just log in and submit them every week even if you havent been paid yet

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I'm curious about this Claimyr thing people keep mentioning. Anyone else try it? I've been trying to reach Washington ESD for weeks about my claim status and getting nowhere with the regular phone system.

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Yeah I mentioned it earlier - it really works! Saved me hours of frustration trying to get through to Washington ESD.

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Might have to check it out. The regular phone system is absolutely terrible.

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The misconduct standard in Washington is pretty specific. It has to be willful disregard of the employer's interests or deliberate violation of rules. Performance issues, personality conflicts, or good faith errors usually don't qualify as misconduct. Your safety complaints actually strengthen your case.

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That's really encouraging to hear! I was worried they'd side with my employer automatically.

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Washington ESD is required to investigate both sides. They can't just take the employer's word for it. Your documentation will be crucial.

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Don't let your employer intimidate you! I see this all the time where bosses try to scare people into not filing. They probably don't want their unemployment tax rate to go up. File anyway and let Washington ESD make the determination.

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I didn't know that about the tax rate! That explains why they were so adamant I wouldn't qualify.

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Exactly! Employers pay unemployment taxes based partly on how many claims are filed against them. Don't let that stop you from getting benefits you're entitled to.

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Whatever you do, don't wait to file. I waited two weeks thinking I needed to find another job first and I lost those two weeks of benefits forever. You can't get back pay for weeks before you filed your claim.

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Good point! I'm filing today. Better safe than sorry.

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Smart choice. Even if there are issues with your claim, at least you'll have established your benefit year.

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Been there with the whole retaliation thing. Document everything - emails, witness statements, dates of when you made complaints vs when performance issues started being mentioned. The pattern matters for your case.

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I do have a pretty clear timeline of events. Should I submit all that documentation with my initial claim?

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Submit what you can initially, but save the detailed documentation for the adjudication interview. They'll want to hear your full story then.

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Quick question - if I file and my employer contests it, do I still get paid while they investigate? I'm worried about going weeks without any income.

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Generally no, you don't get paid during adjudication. That's why it's so important to file immediately and have your documentation ready to speed up the process.

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Ugh, that's what I was afraid of. Guess I better start cutting expenses now.

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For anyone struggling with Washington ESD phone system, I finally tried that Claimyr service after months of frustration. Got connected to an agent in under 10 minutes when I'd been trying for weeks on my own. Honestly worth it just for the peace of mind.

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That's the third recommendation I've seen for Claimyr. Seems like it really works!

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Yeah, wish I'd known about it sooner. Would've saved me so much stress trying to get through on my own.

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One thing to keep in mind - even if you're approved for benefits, you'll need to actively search for work and report those searches weekly. Washington ESD takes the job search requirements seriously.

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How do I prove I'm searching for jobs? Do I need to keep records?

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Yes, keep detailed records of where you applied, when, what position, etc. They can audit your job search activities.

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Just want to say thanks for this thread! I've been fired twice in my career and both times I got unemployment benefits. Don't let employers scare you - know your rights!

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Thanks for the encouragement! I'm feeling much more confident about filing now.

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Good luck! The system exists to help people in situations like yours. Don't be afraid to use it.

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One more tip - when you do your adjudication interview, be concise and stick to the facts. Don't get emotional or go on tangents. Answer their questions directly and refer to your documentation when relevant.

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That's really helpful advice. I tend to ramble when I'm nervous, so I'll practice beforehand.

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Good idea. Maybe write out the key points you want to make so you stay focused during the interview.

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The whole system is designed to help people who lose their jobs through no fault of their own. Safety complaints definitely fall into that category. Your employer messed up, not you.

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I needed to hear that. I've been second-guessing myself about whether I did the right thing reporting the safety issues.

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You absolutely did the right thing. Worker safety is more important than keeping a job. Don't let them make you feel guilty about it.

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Final piece of advice - if Washington ESD denies your claim initially, you can appeal. The appeal process gives you another chance to present your case, often with more time to prepare. Don't give up if the first decision doesn't go your way.

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How long do you have to file an appeal if they deny the claim?

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I believe it's 30 days from the date of the determination letter. The appeal information should be included in any denial letter.

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That's correct - 30 days to file an appeal. The appeal process involves a hearing where you can present your case in more detail.

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