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Paolo Marino

Do you collect unemployment if you get fired - Washington ESD eligibility question

My manager let me go last Friday saying I wasn't meeting performance expectations. I've been working there for 2 years with no formal warnings or write-ups. Can I still file for unemployment benefits with Washington ESD if I got fired? I'm really confused about whether being terminated disqualifies you automatically or if there are different types of termination that affect eligibility.

It depends on the reason for termination. If you were fired for 'misconduct' Washington ESD will likely deny your claim. But if it was for performance issues, attendance, or company restructuring you can usually still get benefits. The key is whether it was misconduct or just not being a good fit for the job.

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They said it was performance but I never got any formal warnings. Does that help my case?

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Yes, lack of progressive discipline can work in your favor. Washington ESD looks at whether the employer followed proper procedures before terminating you.

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I got fired from my last job for being late too many times and still got approved for UI benefits. Washington ESD said it wasn't considered misconduct since I wasn't trying to be malicious, just had transportation issues. You should definitely apply.

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That's encouraging! How long did it take to hear back from them?

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About 3 weeks. They had to do an adjudication process to review the circumstances of my termination.

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File your claim right away regardless. Even if your employer contests it, you have the right to an appeal hearing. I've seen people win appeals even when the initial claim was denied. Washington ESD has to prove misconduct, not just that you were terminated.

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Should I be worried about my employer fighting the claim?

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Some employers contest every claim to try to keep their UI tax rates low. Don't let that stop you from applying - you have rights as a worker.

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I've been trying to reach Washington ESD for weeks about my claim that's stuck in adjudication after being fired. The phone system is impossible - I get disconnected every time I finally get through the queue. Found this service called Claimyr at claimyr.com that actually got me connected to an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Finally got my issue resolved after 3 weeks of trying on my own.

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Really? How does that work exactly?

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They basically handle the calling and waiting for you, then connect you when they get an agent on the line. Saved me hours of frustration.

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That sounds too good to be true. How much does it cost?

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Worth every penny compared to the stress of trying to get through myself. Check out their site for details.

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BEING FIRED DOESN'T AUTOMATICALLY DISQUALIFY YOU!!! This is a huge misconception. Washington ESD looks at the reason for termination. Misconduct = no benefits. Poor performance, layoffs, company issues = you can still get benefits. File your claim immediately and let them sort it out.

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Thank you! I was really worried I wouldn't be eligible at all.

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Yeah I thought the same thing when I got let go. Turns out I was eligible the whole time and missed out on 2 weeks of benefits because I waited to apply.

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The adjudication process can take forever though. My claim sat in pending status for 5 weeks while they investigated my termination. Make sure you keep filing your weekly claims even while it's pending or you'll lose those weeks.

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Good to know. I'll file my initial claim today and keep up with the weekly ones.

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Yes, always file your weekly claims even during adjudication. You can't get back pay for weeks you don't file.

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Had a similar situation last year - terminated for 'not meeting expectations' after 18 months with no prior issues. Washington ESD approved my claim because my employer couldn't prove misconduct. The burden of proof is on them to show you did something wrong intentionally.

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That's exactly my situation! They never documented any performance issues before firing me.

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Document everything you can remember about your employment and termination. It helped during my phone interview with the adjudicator.

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just apply already, worst case they say no and you appeal. i got fired for attendance issues and got approved. washington esd is usually pretty fair about these things unless you did something really bad

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You're right, I'm overthinking this. Filing my claim right now.

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Make sure you're honest on your application about the reason for separation. If you lie and they find out during the investigation, that's automatic disqualification. Better to be truthful and let them make the determination.

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Definitely planning to be completely honest. I have nothing to hide.

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Good approach. Honesty is always the best policy with Washington ESD. They'll find out the truth anyway during their investigation.

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I'm going through the same thing right now. Got terminated 3 weeks ago for 'performance issues' but really think it was because I complained about safety violations. My claim is still in adjudication. Has anyone dealt with a wrongful termination situation?

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That could be retaliation which is illegal. You might want to contact a labor attorney in addition to filing for unemployment.

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Wow, that's a whole different level of complexity. Hope your claim gets approved soon.

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The key thing to remember is that Washington ESD uses a 'misconduct' standard. Simple poor performance, personality conflicts, or not being the right fit doesn't rise to the level of misconduct. You have to have willfully violated company policy or engaged in behavior that harmed the employer.

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That's really helpful to understand the legal standard they use.

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Exactly. And the employer has to prove misconduct with documentation. If they can't prove it, you get benefits.

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I used Claimyr too when I couldn't get through to Washington ESD about my termination case. Took them less than an hour to get me connected to an agent who explained exactly what was happening with my claim. Would definitely recommend it if you're having trouble reaching them.

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Seems like a lot of people have had success with that service.

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Yeah, I was skeptical at first but it really works. Beats spending entire days trying to get through on your own.

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Been there. Got fired from my retail job for 'poor attitude' which was really just me standing up for myself against an abusive manager. Washington ESD approved my claim after investigating. Don't let your employer intimidate you into not filing.

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Good for you for standing up for yourself! That gives me confidence to file my claim.

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Thanks! It was scary at first but I'm glad I fought for what I deserved.

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word of advice - start your job search right away even if your claim is still pending. washington esd requires you to be actively looking for work and they can ask for proof. keep a log of where you apply

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Good point. I'll start applying to jobs this week while waiting for my claim to process.

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Yes, the job search requirement is mandatory. You need to be able and available for work to receive benefits.

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I got let go for 'not being a team player' last month and my claim was approved within 2 weeks. Washington ESD said that wasn't misconduct, just a personality conflict. Your situation sounds similar - performance issues without documented warnings usually don't qualify as misconduct.

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That's really reassuring! I feel much better about my chances now.

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Yeah, I was worried for nothing. The system is designed to help people who lose their jobs through no fault of their own.

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Quick update - I filed my claim online this morning and already got confirmation that it's processing. Thanks everyone for the advice and encouragement! I was getting really stressed about this whole situation.

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Great job! Now just keep filing your weekly claims and wait for the adjudication to complete.

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Excellent! You did the right thing by not waiting. Time is money when it comes to unemployment benefits.

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For anyone else reading this - I tried calling Washington ESD for 3 weeks straight with no luck. Finally tried Claimyr and got connected to an agent the same day. The agent was able to explain my adjudication status and what documents they needed. Highly recommend if you're stuck.

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Bookmarking this for future reference. Hopefully I won't need it but good to know it's an option.

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Yeah, definitely keep it in your back pocket. The Washington ESD phone system is notoriously difficult to navigate.

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Remember that even if your initial claim gets denied, you have the right to appeal. I've seen people win appeals even when the initial determination went against them. Don't give up if you get a denial letter.

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Good to know I have options if things don't go my way initially.

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Absolutely. The appeal process exists for a reason. Sometimes the initial decision is wrong.

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This whole thread has been super helpful. I'm in a similar boat - got 'laid off' but it feels more like I was targeted. Filing my claim today based on all this advice. Fingers crossed!

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Good luck! Sounds like we're both in similar situations.

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Thanks! I'll post an update once I hear back from Washington ESD.

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Just wanted to say thanks to everyone who shared their experiences. It really helps to know you're not alone when going through this process. The unemployment system can be confusing and intimidating, but this community makes it feel less overwhelming.

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Agreed! This has been incredibly helpful and reassuring.

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That's what we're here for. Everyone deserves to understand their rights and get the help they need.

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