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Luca Ferrari

Do you get Washington ESD unemployment benefits if you are fired from your job?

My supervisor terminated me last Friday for what they called 'performance issues' but I think it was really because I complained about safety violations at our warehouse. I've been working there for 8 months and never had any write-ups before this. Can I still get unemployment benefits from Washington ESD if I was fired? I'm really confused about whether being terminated disqualifies you automatically or if there are different types of firing that affect your eligibility.

You can definitely get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful negligence. If you were fired for reporting safety violations, that could actually be wrongful termination and would make you eligible.

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That's reassuring to hear! Should I mention the safety complaint when I file my claim? I'm worried it might complicate things.

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Yes, absolutely mention it. That shows you were acting in good faith and following proper procedures. Keep any documentation you have about the safety concerns you reported.

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I was fired from my last job too and got approved for benefits. The key thing is Washington ESD will contact your employer to get their side of the story. If they can't prove you did something that rises to the level of misconduct, you should be good.

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How long did that process take? I'm worried about waiting weeks without any income.

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It took about 3 weeks for them to make a decision in my case. The hardest part was actually getting through to someone at Washington ESD to check on the status.

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If you're having trouble reaching Washington ESD by phone, I 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. Saved me hours of calling and getting busy signals.

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MISCONDUCT has a very specific legal definition in Washington state. It has to be willful and substantial disregard of your employer's interests. Poor performance, inability to do the job, or good faith errors don't qualify as misconduct. Sounds like you have a good case.

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This is really helpful! Do you know where I can find the exact definition Washington ESD uses?

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It's in the Washington Administrative Code (WAC) 192-150-200. You can also find it on the Washington ESD website under their eligibility section.

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wait so if you get fired you can still get unemployment?? I thought only people who got laid off could get benefits

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That's a common misconception! You can get benefits if you're fired without misconduct, laid off, or if you quit for good cause. The reason for job separation matters more than whether you were fired or laid off.

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oh wow I had no idea. I've been avoiding applying because I thought I wouldn't qualify

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File your claim immediately even if you're not sure about eligibility. Don't wait to figure out all the details first. Washington ESD will investigate and make the determination. If you wait too long, you could lose out on benefits you're entitled to. The worst they can do is deny your claim, but at least you'll know for sure.

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Good point. I was planning to wait until I understood everything better but you're right that I should just file now.

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Yes definitely file ASAP! I made the mistake of waiting 2 weeks and lost those benefit payments even though I was approved later.

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I'm in a similar situation. Got fired for being 'difficult' after I complained about my manager making inappropriate comments. It's been 2 weeks since I filed my claim and it's still showing adjudication pending. This waiting is killing me financially.

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That sounds like retaliation which definitely shouldn't disqualify you from benefits. Have you been able to get any updates on your claim status?

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I've tried calling Washington ESD dozens of times but always get a busy signal or get disconnected after waiting on hold.

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You should try Claimyr for getting through to Washington ESD. I used them when my claim was stuck in adjudication and finally got answers about what was holding it up. Much better than spending all day trying to call yourself.

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The Washington ESD unemployment system is such a joke. They make it so hard to get benefits even when you clearly qualify. I was fired for 'attitude problems' which was really just me standing up for my rights and it took 6 weeks to get approved.

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6 weeks?? How did you survive financially during that time?

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Barely. Had to borrow money from family and use credit cards. The system is designed to wear you down so you give up.

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I understand the frustration but 6 weeks isn't typical. Most adjudication decisions happen within 2-4 weeks unless there are complicating factors.

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Just want to add that if Washington ESD denies your claim initially, you can appeal! I was denied at first because my employer lied about why I was fired, but I won my appeal hearing with documentation proving they were wrong.

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How does the appeal process work? Is it complicated?

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You have 30 days from the denial notice to file an appeal. It's basically a hearing where you and your employer present your cases to a judge. You can represent yourself or get help.

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Been through this whole process twice unfortunately. First time I was fired for tardiness (my fault, got denied benefits). Second time I was fired for 'not fitting company culture' after reporting discrimination and got approved. The difference was clear - one was misconduct, the other wasn't.

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That's a perfect example of how the misconduct determination works. Thanks for sharing your experience.

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OP you mentioned safety violations - make sure you document everything about that complaint you made. Dates, who you reported to, any emails or written reports. If this goes to adjudication or appeal, that documentation will be crucial.

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I do have emails showing I reported the safety issues to HR 3 weeks before I was fired. Should I include those when I file my claim?

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Absolutely include them. That timeline strongly suggests retaliation rather than legitimate performance issues.

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Quick question - do you have to be actively looking for work while your claim is being adjudicated? I'm in the same boat waiting for a misconduct determination.

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Yes, you still need to meet the job search requirements and file weekly claims even during adjudication. If you're approved, you'll get back pay for those weeks.

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Thanks! I wasn't sure if I should bother with the job search log while waiting.

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The fact that you had no prior write-ups really helps your case. Employers can't just fire someone for 'performance issues' without progressive discipline and then claim it was misconduct. Washington ESD will see through that.

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That's exactly what I was thinking. If my performance was really an issue, why wasn't I coached or given warnings?

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I had a friend who used Claimyr when Washington ESD was taking forever to process his claim after being fired. He said it was worth it just to get a real human on the phone who could explain what was happening. Sometimes you need that peace of mind.

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I'm seriously considering this. The not knowing is almost worse than being denied.

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Just file the claim and answer the questions honestly. If you weren't fired for stealing, violence, or willful misconduct, you'll probably get approved. Washington ESD sees these retaliation cases all the time.

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Will do. Thanks everyone for the advice and encouragement!

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Good luck OP! Keep us updated on how it goes. These threads really help people understand their rights.

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I definitely will. This has been so much more helpful than trying to navigate the Washington ESD website alone.

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