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Do you always get unemployment when fired - Washington ESD eligibility questions

Got terminated from my warehouse job last week for what they called 'performance issues' but I think it was really because I questioned some safety protocols. My supervisor said I was being insubordinate but I was just trying to protect myself and coworkers. Will Washington ESD automatically approve my claim or do they investigate every firing? I'm worried they'll side with my employer since they have more resources to fight it. Has anyone been through something similar?

Washington ESD doesn't automatically approve claims when you're fired - they review each case individually. If you were fired for misconduct, you could be disqualified. But if it was performance-related or you were advocating for safety, you might have a good case. Make sure to file your claim ASAP and be honest about what happened.

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Thanks, I filed yesterday but I'm really nervous about the adjudication process. How long does that usually take?

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Adjudication can take 4-8 weeks depending on how complex your case is. They'll likely contact both you and your employer for statements.

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i got fired from my retail job and still got benefits so it depends on why they fired you. if its not your fault or for something stupid you should be fine

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What was your situation? Did Washington ESD contact your old employer?

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yeah they called my manager but I guess what she said didn't hurt my case. took like 6 weeks tho

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The key is whether you were fired for 'misconduct connected with work.' Safety concerns are generally NOT considered misconduct - in fact, Washington state has strong whistleblower protections. Document everything about the safety issues you raised and when you raised them. This could actually work in your favor.

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I do have emails where I brought up the safety concerns to my supervisor before this all happened. Should I submit those with my claim?

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Absolutely submit those emails as supporting documentation. Keep copies of everything and be prepared for a possible fact-finding interview.

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This is solid advice. I had a similar situation with workplace safety and Washington ESD ruled in my favor when I provided documentation.

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If you're having trouble getting through to Washington ESD to check on your claim status, I found this service called Claimyr that helps you actually reach an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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Is it expensive? I'm already worried about money obviously.

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I'd rather pay a small fee than waste entire days trying to get through on my own. The stress relief alone was worth it.

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Never heard of this but might be worth checking out if the adjudication drags on forever like mine did.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They always believe whatever BS the employer feeds them. I got denied even though I was clearly wrongfully terminated and had to appeal. Cost me months of benefits I deserved.

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That's exactly what I'm afraid of. Did you eventually win your appeal?

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Yes but it took 4 months total. Had to get documentation, attend a hearing, the whole nine yards. Meanwhile I'm broke.

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Appeals do take time but if you have a legitimate case, don't give up. The initial determination isn't always right.

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Performance issues vs misconduct are two different things in Washington ESD's eyes. Being slow or making mistakes isn't misconduct. Being insubordinate potentially is, BUT advocating for safety is protected activity. You need to frame this correctly in your fact-finding interview.

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How do I prepare for that interview? I've never done anything like this before.

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Stick to facts, bring documentation, and stay calm. Explain that you were raising legitimate safety concerns, not being insubordinate for no reason.

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Just went through this exact thing 3 months ago. Fired for 'attitude problems' but really because I complained about unsafe equipment. Washington ESD approved my claim after adjudication. The fact that you have emails documenting your safety concerns is huge - that's exactly what helped my case.

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This gives me hope! How long did your adjudication take?

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About 5 weeks. They called me and my ex-supervisor separately. I was honest about everything and emphasized the safety aspect.

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Similar experience here. Washington ESD takes workplace safety seriously, especially if you can prove you followed proper channels first.

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wait so if you get fired for being late all the time thats different than getting fired for stealing?

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Exactly. Chronic tardiness might not be misconduct if it's due to circumstances beyond your control. Stealing definitely would be misconduct.

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ok that makes sense. the whole thing is confusing tbh

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For anyone reading this thread later: Washington ESD uses a 'substantial fault' standard for misconduct. The employer has to prove you deliberately violated known company policies or acted in a way that showed willful disregard for the employer's interests. Safety advocacy doesn't meet this standard.

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This is really helpful information. I wish I had known this when I went through my adjudication last year.

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The Washington ESD website has detailed information about misconduct definitions, but it's buried in their policy manual. Most people never find it.

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Been there, done that. Got fired for 'not being a team player' which was code for not going along with corner-cutting that violated OSHA standards. Washington ESD saw right through it and approved my benefits. Stand your ground and tell the truth.

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Did your employer fight it or just accept the decision?

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They didn't appeal, probably because they knew their position was weak. Companies that fire people for legitimate safety concerns usually don't want more scrutiny.

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I've been trying to reach someone at Washington ESD for weeks about my own adjudication. That Claimyr service someone mentioned earlier actually worked - got through to an agent in like 20 minutes instead of calling for days. Worth every penny when you're stressed about your claim.

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Good to know it actually works. I might need that if my case gets complicated.

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I'm skeptical of paying for something that should be free, but if it saves days of frustration I can see the value.

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The bottom line is that getting fired doesn't automatically disqualify you from unemployment benefits in Washington. It depends entirely on the circumstances. Safety whistleblowing is actually protected, so you're probably in good shape if that's truly what happened.

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I really hope so. This whole situation has been such a nightmare.

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Hang in there. The adjudication process is stressful but if you have a legitimate case, Washington ESD generally gets it right.

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pro tip: when you do your fact finding interview, dont ramble or get emotional. just state the facts about the safety issues you raised and when you raised them. let the documentation speak for itself

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Good advice. I tend to over-explain when I'm nervous so I'll need to practice staying concise.

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yeah exactly. they hear sob stories all day. facts and documentation are what matter

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My brother went through this same thing - fired for 'insubordination' after reporting unsafe working conditions at a construction site. Washington ESD not only approved his claim but his employer got investigated by L&I. Sometimes standing up for safety pays off in multiple ways.

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Wow, I hadn't even thought about L&I getting involved. Maybe I should file a complaint there too?

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Definitely worth considering, especially if the safety issues are still putting other workers at risk.

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Just remember that even if you get denied initially, you can appeal. I know someone who got their decision overturned because the hearing officer understood that workplace safety trumps following orders to ignore hazards. Don't give up if the first decision goes against you.

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How long do you have to file an appeal if you get denied?

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30 days from the date on the determination letter. Don't wait - appeals take time to process too.

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this whole thread makes me feel better about my own situation. got fired last month for questioning management decisions and been worried about my claim. sounds like washington esd looks at the context not just the surface story

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Right? It's reassuring to hear other people's experiences. Makes me feel less alone in this.

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That's exactly right. Context matters a lot in these determinations. Being questioned or fired doesn't automatically equal misconduct.

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OP, another thought - make sure you're documenting your job search efforts while waiting for adjudication. You still need to meet the work search requirements even during the determination process. Don't let that part slip through the cracks.

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Oh good point, I've been so focused on the adjudication I almost forgot about job searching. How many applications do I need per week?

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Three work search activities per week minimum. Can be applications, networking, training, etc. Keep detailed records in WorkSourceWA.

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Update us when you hear back from Washington ESD! This kind of case is really interesting from a legal standpoint. Workplace safety retaliation cases often favor the employee, especially with documentation like you have.

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I definitely will update once I hear something. Thanks everyone for all the advice and encouragement - it really helps!

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Good luck with everything. You seem to have a solid case based on what you've described.

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One more plug for that Claimyr service if anyone needs to actually talk to Washington ESD about their case. I used it again last week for a different issue and got through immediately. Sometimes you just need to speak to a human, and this makes that possible without the usual hassle.

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I checked out their demo video and it looks legit. Might be worth it just for peace of mind when dealing with adjudication stress.

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I bookmarked it just in case. Hopefully I won't need it but good to have as a backup option.

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