Do employers have to pay Washington ESD unemployment if they fire you - confused about eligibility

Your manager is partially right but not completely. Employers DO pay into the unemployment insurance system regardless - that's how Washington ESD is funded. However, whether YOU get benefits depends on whether your termination was for 'misconduct.' Being late repeatedly can be considered misconduct, but it's not automatic. You should definitely file a claim and let Washington ESD make the determination.

ugh I went through this same thing last year!! my boss told me the exact same lie about not being eligible. turns out he was just trying to discourage me from filing because it affects their unemployment tax rate or something

I had similar issues reaching Washington ESD to ask about eligibility after my termination. Kept getting busy signals and disconnected calls. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Really helped me understand my options without spending hours on hold.

Here's how it actually works: ALL employers pay unemployment insurance taxes to Washington ESD, regardless of whether their employees get fired or quit. When you file a claim, Washington ESD investigates the circumstances of your separation. For misconduct, they look at whether your actions were willful and substantial violations of employer policies. Simply being late might not qualify as misconduct if you had legitimate reasons like car trouble, especially if you communicated with your employer.

Same boat here - got canned for attendance issues but mine was due to kid being sick constantly. Filed anyway despite what my boss said and got approved after they investigated.

DONT LET THEM INTIMIDATE YOU! Employers try this crap all the time. File your claim ASAP - you have limited time to apply after losing your job. Washington ESD will do their own investigation and make the determination based on state law, not what your boss thinks.

The key distinction is between 'misconduct' and 'poor performance.' If you were trying to do your job but struggling with circumstances (like transportation issues), that's typically not considered willful misconduct. Washington ESD looks at the specific facts of each case.

been unemployed 3 times in 5 years (not my fault, companies kept downsizing) and every single employer told me I wouldn't qualify. every single time I got benefits approved. they just don't want their rates going up

Just to clarify the process: When you file your initial claim, both you and your employer get contacted by Washington ESD. Your employer has to provide their reason for termination with documentation. You get to provide your side of the story. Then an adjudicator reviews everything and makes a determination. If denied, you can appeal the decision.

also if you do get denied initially don't give up! the appeal process exists for a reason and lots of people win on appeal when they present their case properly

One more thing about Claimyr - if you do run into issues with Washington ESD communication during your claim process, they can help you reach the right department. Sometimes adjudication questions need specific clarification that's hard to get through the general hotline.

Make sure when you file that you're honest about the circumstances but also emphasize any mitigating factors - the car problems, your communication with management, your overall work record if it was good besides the attendance issues.

BTW make sure you file ASAP - there's a time limit and you don't want to miss it while you're debating whether you're eligible. Let Washington ESD make that call, not your former employer.

For future reference, Washington's misconduct standard requires that the employee's actions be: 1) A willful or wanton disregard of employer interests, 2) A deliberate violation of reasonable employer rules, or 3) A careless or negligent act that shows substantial disregard for employer interests. Car trouble causing tardiness typically doesn't meet these thresholds.

lol your boss probably doesn't even know the actual legal standards. most managers just repeat whatever HR tells them or make stuff up

Remember that even if you're initially denied, the appeal process gives you a chance to present your case to an administrative law judge. Many people who lose at the initial determination level win on appeal with proper preparation.

Just want to add - if you do get approved, make sure you understand the weekly claim requirements and job search obligations. Washington ESD has specific rules about that stuff too.

update us when you hear back! always like to hear success stories when people don't let employers scare them away from filing

If you need to contact Washington ESD during your claim process and run into phone issues, definitely check out that Claimyr service I mentioned. Made a huge difference when I needed to speak with someone about my claim status.

Final thought: Document everything related to your termination - save any texts or emails about your car problems, any responses from your employer, your termination paperwork, etc. This documentation can be valuable if your claim goes to appeal.