Can you receive Washington ESD unemployment if you are fired from your job?
I got terminated from my warehouse job last week for what my supervisor called 'performance issues' but I think it was really because I questioned some safety protocols. My manager said I was insubordinate but I was just trying to follow OSHA guidelines. Can I still file for unemployment benefits with Washington ESD if I was fired? I've been working there for 2 years and this is my first time dealing with unemployment. I'm really stressed about how I'm going to pay rent next month.
60 comments


Vera Visnjic
Yes, you can potentially receive unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will determine if you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or repeated after warnings. Safety concerns definitely aren't misconduct - that's actually protected activity.
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Mason Lopez
•That's a relief! I was worried I'd be automatically disqualified. Should I mention the safety issue when I file my claim?
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Vera Visnjic
•Absolutely mention it. Document everything about the safety concerns you raised and when you raised them. That context could be crucial for your claim.
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Jake Sinclair
File your claim ASAP! Don't wait. Even if they initially deny it, you can appeal. I got fired for attendance issues (my kid was sick a lot) and they approved my claim after I explained the circumstances.
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Mason Lopez
•How long did the whole process take? I'm really worried about the timing with bills coming up.
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Jake Sinclair
•Initial claim took about 2 weeks, but mine went to adjudication for another 3 weeks. If yours is straightforward it might be faster.
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Brielle Johnson
I had a similar situation where I was let go for 'performance' but it was really retaliation. The key is that Washington ESD looks at whether you were fired for misconduct connected to your work. Simply being bad at your job isn't misconduct - it has to be willful or grossly negligent behavior. Safety whistleblowing is actually protected, so you should be fine.
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Mason Lopez
•Did you have any trouble getting through to Washington ESD to explain your situation? I keep hearing the phone lines are impossible.
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Brielle Johnson
•Yeah, calling Washington ESD directly is a nightmare. I actually used Claimyr.com to get through to an agent. They have this system that calls for you and gets you connected to a real person. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of redialing.
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Honorah King
Wait, I thought if you got fired you couldn't get unemployment at all? That's what my old boss told me when I was having problems there.
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Vera Visnjic
•That's a common misconception. You can get unemployment if fired, unless it's for misconduct. Employers sometimes tell people this to discourage claims.
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Honorah King
•Wow, I wish I'd known that when I was going through my situation. Thanks for clearing that up!
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Oliver Brown
The Washington ESD website has a whole section about misconduct vs non-misconduct terminations. Basically, if you violated company policy on purpose or ignored repeated warnings, that's misconduct. But performance issues, personality conflicts, or raising legitimate concerns usually aren't misconduct.
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Mason Lopez
•I never got any written warnings, just verbal ones. Does that help my case?
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Oliver Brown
•It can help, especially if the verbal warnings weren't properly documented. The employer has to prove misconduct occurred.
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Mary Bates
ugh the whole system is so confusing. i got fired from my retail job for being late too many times and they denied my claim. had to appeal and it took forever
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Mason Lopez
•Did you win the appeal? Attendance issues seem more serious than performance problems.
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Mary Bates
•yeah eventually. turned out my manager never followed the progressive discipline policy so they ruled in my favor
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Vera Visnjic
Just to clarify the process - when you file your initial claim, your employer gets notified and can contest it. If they do, it goes to adjudication where Washington ESD investigates. They'll likely contact both you and your employer to get both sides of the story. Be honest and stick to the facts.
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Mason Lopez
•What kind of questions do they ask during adjudication? I want to be prepared.
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Vera Visnjic
•They'll ask about the specific incident that led to termination, your job performance history, any warnings you received, and your version of events. Having documentation helps a lot.
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Jake Sinclair
One thing to keep in mind - even if you're approved for benefits, you still have to do the weekly job search requirements. Don't forget about that part or you could get in trouble later.
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Mason Lopez
•How many jobs do you have to apply to each week? I haven't started looking yet.
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Jake Sinclair
•I think it's 3 per week minimum, but check the current requirements. You have to log them in WorkSourceWA too.
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Brielle Johnson
Also, file your claim online at secure.esd.wa.gov rather than trying to call. The online system is much more reliable and you can track your claim status there. You'll need to create a SecureAccess Washington account if you don't have one already.
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Mason Lopez
•Thanks! I'll start the online application tonight. How long does it usually take to get approved?
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Brielle Johnson
•If there's no contest from your employer, about 2-3 weeks. If it goes to adjudication, add another 2-4 weeks depending on their workload.
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Clay blendedgen
I'm dealing with something similar right now. Got fired for 'attitude problems' but really it was because I filed a complaint with HR about my supervisor. Been waiting 3 weeks for adjudication to finish. The waiting is killing me financially.
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Mason Lopez
•That sounds like retaliation too. Have you been able to talk to anyone at Washington ESD about your case?
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Clay blendedgen
•I tried calling but kept getting disconnected. Finally used that Claimyr service someone mentioned earlier and got through to an adjudicator. They said my case should be resolved within a week.
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Honorah King
This thread is really helpful. I had no idea the rules were this detailed. Makes me feel better about a situation I might face at my current job.
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Vera Visnjic
•It's always good to know your rights. Keep documentation of any workplace issues - emails, write-ups, performance reviews, etc.
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Honorah King
•Good advice. I'll start keeping better records just in case.
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Oliver Brown
One more thing - if you do get approved for benefits, the amount is based on your wages from your base year, not your most recent job. So if you worked somewhere with higher wages before your warehouse job, that could actually help your benefit amount.
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Mason Lopez
•I was making more at my previous job, so that's good news. How do they calculate the exact amount?
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Oliver Brown
•It's based on your highest quarter of earnings in your base year. The formula is a bit complex but Washington ESD calculates it automatically when you file.
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Mary Bates
just wanted to add that if you do get denied initially, don't give up. the appeal process exists for a reason and lots of people win on appeal even if they lose the first time
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Mason Lopez
•How long do you have to file an appeal?
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Mary Bates
•30 days from when you get the denial notice. don't wait - file it right away
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Vera Visnjic
The fact that you were questioning safety protocols and they called it insubordination is actually a red flag for the employer. Washington state has strong protections for workers who raise safety concerns. That's going to work in your favor during adjudication.
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Mason Lopez
•I'm feeling much more confident about this now. Thank you everyone for all the helpful information!
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Vera Visnjic
•You're welcome! Just remember to be truthful and thorough when you file your claim. Good luck!
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Jake Sinclair
Update us on how it goes! This kind of info helps other people in similar situations. The more we share experiences, the better we can all navigate this system.
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Mason Lopez
•I definitely will. Planning to file the claim tomorrow morning and I'll post an update once I hear back.
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Jake Sinclair
•Perfect! And remember, even if there are delays, you can get backpay to your first week of unemployment if you're approved.
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Brielle Johnson
Quick reminder - when you file your weekly claims, make sure you're completely honest about any work you do or income you receive. Even small amounts need to be reported. Washington ESD cross-checks with employers and tax records.
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Mason Lopez
•Good to know. I wasn't planning to work while on unemployment anyway, but I'll keep that in mind.
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Brielle Johnson
•Even volunteer work needs to be reported if you receive any compensation. Better to over-report than under-report.
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Clay blendedgen
Just got word that my claim was approved! The adjudicator said that firing someone for making good faith safety complaints is definitely not misconduct. Your situation sounds very similar, so I'm optimistic for you.
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Mason Lopez
•That's great news! How long did your whole process take from filing to approval?
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Clay blendedgen
•About 5 weeks total, with 3 weeks in adjudication. The Claimyr service really helped speed up the communication part.
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Oliver Brown
For anyone following this thread, I'd recommend checking out the Washington ESD handbook on their website. It explains all the misconduct criteria in detail and gives examples of what does and doesn't qualify. It's actually pretty readable for government documentation.
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Mason Lopez
•I'll definitely check that out. The more I understand the process, the less anxious I feel about it.
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Oliver Brown
•Exactly! Knowledge is power when dealing with bureaucracy. The handbook also covers the appeal process if you need it.
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Honorah King
This has been one of the most informative threads I've read on here. Really appreciate everyone sharing their experiences and knowledge. Makes the whole unemployment system seem less intimidating.
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Vera Visnjic
•That's the goal! These systems can be overwhelming, but they're designed to help workers who lose their jobs through no fault of their own.
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Honorah King
•It's nice to know there are people willing to help others navigate these complex systems. Thanks everyone!
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Mary Bates
good luck with your claim! sounds like you have a strong case. just remember to keep copies of everything you submit and document all your communications with washington esd
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Mason Lopez
•Will do! I'm going to start a folder with all my employment documents and anything related to the unemployment claim.
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Mary Bates
•smart move. that organization really helps if you need to reference something later
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