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Giovanni Colombo

Do I get Washington ESD unemployment if I am fired - need advice

My supervisor terminated me yesterday for what they called 'performance issues' but I think it was really because I questioned some of their decisions in front of other employees. I've been at this warehouse job for 8 months and never had any written warnings or formal discipline. Can I still file for unemployment benefits with Washington ESD if I was fired? I'm really stressed about paying rent and need to know if I should even bother applying or if being fired automatically disqualifies me.

You can still get unemployment even if you were fired, but it depends on the reason. Washington ESD will investigate what they call 'misconduct' - if they fired you for poor performance or not being a good fit, that's usually not misconduct. But if they fired you for breaking rules, stealing, or being insubordinate, that could disqualify you.

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What counts as insubordination though? I did disagree with my supervisor in front of other workers about safety protocols.

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Disagreeing about safety isn't usually misconduct, especially if you were trying to follow proper procedures. You should definitely apply and let Washington ESD decide.

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File your claim right away! Don't wait. Even if your employer contests it, you have rights. Washington ESD will do what's called an 'adjudication' where they'll contact both you and your employer to get the full story. Performance issues alone rarely qualify as misconduct that would disqualify you from UI benefits.

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How long does the adjudication process usually take? I need to know if I'll get benefits soon.

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Adjudication can take 2-6 weeks depending on how busy Washington ESD is. You should keep filing your weekly claims even during adjudication.

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I went through this exact situation last year. Got fired for 'attitude problems' but really it was because I wouldn't work unpaid overtime. Washington ESD approved my claim after about 3 weeks of adjudication. The key is being honest about what happened and having any documentation you can provide.

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Did your employer fight it? Mine seems like the type who would contest everything.

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Yeah they contested it but Washington ESD sided with me. Employers contest a lot of claims but don't always win.

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If you're having trouble getting through to Washington ESD to check on your claim status, I recently discovered this service called Claimyr at claimyr.com that actually gets you connected to a real agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling busy signals.

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Is that legitimate? Sounds too good to be true with how impossible it is to reach anyone at Washington ESD.

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I was skeptical too but it actually worked. Got through to an agent in about 10 minutes when I'd been trying for days on my own.

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The Washington ESD system is so confusing! I filed three weeks ago and my claim is still in adjudication. They want me to keep filing weekly claims but I don't even know if I'll get approved. What if I'm wasting my time?

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You're not wasting time - you have to file weekly claims during adjudication or you'll lose those weeks even if approved.

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Okay that makes sense. This whole process is just so stressful when you don't know what's happening.

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been fired twice, got unemployment both times. first time took forever because my employer lied about why they fired me but washington esd figured it out. second time was approved right away because it was layoffs

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How do you prove your employer is lying about the reason?

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any emails or texts you have, coworker statements if they'll give them, stuff like that helps

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Here's what Washington ESD considers misconduct that would disqualify you: theft, violence, drug/alcohol use at work, excessive absences without good cause, or deliberately violating company policies. Poor performance, personality conflicts, or honest mistakes usually don't qualify as misconduct.

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What about if you're late a lot? I was terminated for tardiness but I have a medical condition that makes mornings difficult.

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If you have a medical condition that caused the tardiness, that could be protected. You should mention that in your unemployment application.

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Just apply and see what happens. Worst case they deny you and you appeal. I've seen people get approved for unemployment after being fired for all kinds of reasons. Washington ESD looks at each case individually.

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How does the appeal process work if they deny me initially?

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You get a hearing with an administrative law judge where you can present your case. It's actually pretty fair from what I've heard.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They'll find any excuse to deny your claim and side with employers. I got fired for 'insubordination' because I refused to work in unsafe conditions and Washington ESD denied me. Had to appeal twice before getting approved.

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That sounds frustrating but it shows the appeal process does work eventually. Safety concerns are definitely protected.

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Yeah but you shouldn't have to go through months of appeals just to get benefits you're entitled to!

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i was fired for missing too much work but it was because my kid kept getting sick at daycare. got approved for UI after explaining the situation to washington esd during adjudication

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That's good to know! I'm dealing with a similar situation with childcare issues.

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make sure you document everything - daycare notices, doctor visits, anything that shows it was legitimate reasons

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If anyone needs to actually talk to someone at Washington ESD about their adjudication, I can't recommend Claimyr enough. Was able to get through and talk to an agent who explained exactly what documents they needed from me to finish reviewing my case.

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How much does that service cost? I'm already broke from being unemployed.

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It's worth checking out their site - claimyr.com has all the details. For me it was worth it to actually get answers instead of waiting weeks wondering what was happening.

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Washington ESD has gotten better about processing claims since COVID but adjudication still takes forever. Just be patient and keep filing your weekly claims. Most people who were fired for performance issues do get approved eventually.

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That's reassuring. I'm just worried because I really need the money soon.

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I understand the stress. Maybe look into local food banks or assistance programs while you wait for approval.

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Same thing happened to my brother - fired for 'performance' but really because his manager didn't like him. Got approved after 4 weeks of adjudication. The key is being completely honest about what happened and not badmouthing your employer too much.

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Good point about not badmouthing them. I'll try to stay factual when I file.

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Exactly - just stick to the facts and let Washington ESD make the decision.

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honestly the unemployment system is so overwhelmed they approve most claims unless its obvious misconduct like stealing or fighting. being fired for performance usually gets approved

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That's what I've heard too. They can't investigate every little workplace dispute in detail.

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yeah exactly, they focus on the clear cut misconduct cases and approve the rest

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Document everything you can remember about the firing - dates, what was said, any witnesses, emails, etc. Washington ESD will ask for details during adjudication and the more specific you can be, the better your chances.

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I should have been keeping better records. Lesson learned for next time I guess.

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Don't worry, just write down what you remember now while it's still fresh. Even basic details help.

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Apply ASAP! You can't get benefits for weeks you don't file, even if you're eventually approved. I made that mistake and lost 3 weeks of benefits because I waited to file thinking I wouldn't qualify.

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I didn't know that! I'll file today. Thanks for the heads up.

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Yeah it's a common mistake. File immediately and let Washington ESD sort out if you qualify or not.

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The whole adjudication process is such a black box. You file, they say they're investigating, then weeks later you get a decision with barely any explanation. At least with Claimyr I was able to call and get an actual status update on where things stood.

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Yeah the lack of communication during adjudication is the worst part. You're just sitting there wondering.

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Exactly! At least knowing what stage they're at makes the waiting more bearable.

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Got fired 6 months ago for 'not being a good fit' which was code for being older than everyone else. Washington ESD approved my claim after about 5 weeks. Age discrimination is hard to prove but they still approved me since there was no actual misconduct.

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Sorry that happened to you. It's good to know Washington ESD looks at the actual reasons though.

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Thanks. The system isn't perfect but it does try to be fair in most cases.

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just remember you have to do the job search requirements even during adjudication. keep track of where you apply because they can audit your job search log at any time

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How many jobs do I need to apply to each week?

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i think its 3 per week but check the washington esd website to be sure. requirements change sometimes

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Bottom line - being fired doesn't automatically disqualify you from unemployment. File your claim, be honest about what happened, and let Washington ESD make the determination. Most terminations for performance issues result in approved claims.

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Thanks everyone for all the advice! I'm going to file my claim today and see what happens.

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Good luck! Hope it works out for you.

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