Denied ESD benefits for 'not meeting job standards' - No misconduct, just performance issues

You definitely should appeal this decision! Performance issues alone are NOT misconduct under Washington unemployment law unless your employer can prove you deliberately performed poorly. The key is whether your performance issues were within your control or not. I went through almost the exact same situation when I was let go from a call center for not meeting their ridiculous call quotas. I appealed and explained in the hearing that I was genuinely trying my best to meet expectations but simply couldn't work faster without making errors. The judge ruled in my favor because there was no willful disregard of my employer's interests. File your appeal within 30 days of the determination letter date. In your appeal letter, emphasize that you were making a good faith effort to perform your job duties correctly. Explain that you were never warned about misconduct, just that you weren't fast enough despite trying your best.

same thing happen to me!! i got fired from amazon warehouse for not meeting there productivity metrics and esd denied me at first. took me 3 appeals and a hearing before i got my benefits. the key is if u were TRYING to do good or if u were being lazy on purpose. bring any evidence u have that shows u were trying ur best

OMG this exact thing happened to my cousin last year. ESD is so annoying sometimes!!

I would DEFINITELY appeal this. ESD often sides with employers initially, but the appeal process actually gives you a fair shot. I've heard of many people winning on appeal for performance-related terminations. Also, if you're having trouble getting through to ESD while waiting for your appeal (which you'll probably need to do to check status), I recently discovered a service called Claimyr that got me through to an actual ESD agent in less than 30 minutes when I'd been trying for WEEKS on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. Totally worth it when you're dealing with something this important and time-sensitive.

ESD ALWAYS denies people first!!! It's their standard operating procedure. They hope people will just give up and not appeal. I've been through the system 3 times now and have learned it's all about how you frame your case. Did the employer document the performance issues properly? Did they have a progressive discipline policy they followed? Were you given warnings? Were you offered additional training or help to improve? If the answer to any of these is NO, make sure to highlight that in your appeal! When a company has performance standards, they need to show they gave you proper notice and opportunity to improve. If they just fired you without a documented improvement plan, that works in your favor for unemployment purposes.

Washington state law makes an important distinction between misconduct and poor performance. Per RCW 50.04.294, misconduct requires a willful or wanton disregard of the employer's interest. Simple inability to meet performance standards, despite genuine effort, is NOT misconduct. Your appeal hearing will be conducted by an Administrative Law Judge. It's somewhat formal, but not like a courtroom. You'll be sworn in, and both you and your former employer will have the opportunity to present your case and evidence. The key is preparation: 1. Gather any performance reviews that show you were trying 2. Prepare a timeline of your employment and any discussions about performance 3. Be ready to specifically explain how you were trying your best to meet standards 4. If you never received warnings for misconduct (as opposed to performance coaching), highlight this The hearing notice will provide instructions for submitting evidence beforehand. Make sure to follow these instructions precisely so your evidence is considered.

I'm a little confused by the responses here... doesn't it depend on what kind of performance issues we're talking about? I mean if the OP was just slow but accurate that's different than if they were making careless mistakes or ignoring training, right? The law makes distinction between incapability and carelessness I think.

Not directly related to your question but make sure you continue filing your weekly claims while you appeal! This is super important. If you win your appeal, they'll only pay you for weeks you filed claims. I learned this the hard way when I had a similar situation.

dont forget you need to do those job search activities too while waiting!!! 3 per week!! even with a pending appeal

One more important point: in your appeal, use the specific language from the law that works in your favor. RCW 50.04.294(2)(b) specifically states that "inability to meet the minimum job performance standards or requirements of the position" is NOT misconduct when it's about capability rather than attitude. Quoting the exact legal statute that supports your case can be very effective in these hearings, as it shows you understand the legal basis for your appeal. The judge will be evaluating your case based on these specific legal definitions.

I went through something very similar when I was let go from a data entry position for not meeting their speed requirements. Like you, I was accurate but just couldn't work as fast as they wanted despite genuinely trying my best every day. ESD initially denied me too, citing the same performance standards reasoning. The good news is I won my appeal! The key was demonstrating that I was making a good faith effort and that my "poor performance" was about capability, not willful misconduct. I brought documentation showing my accuracy rates were actually above average and that I had never been disciplined for anything other than speed. During the hearing, I emphasized that being "too methodical" (which sounds exactly like what your boss said about you) isn't misconduct - it's actually trying to do quality work! The judge agreed that struggling with speed while maintaining accuracy doesn't constitute willful disregard of the employer's interests. Make sure to appeal within the 30-day deadline and gather any evidence that shows you were trying to do good work. Performance reviews, emails about your accuracy, anything that demonstrates good faith effort. You've got a strong case here!