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Sean Flanagan

Do you get unemployment if you are fired in Washington state?

I just got fired from my job yesterday and I'm wondering if I can still get unemployment benefits in Washington. My supervisor said it was due to 'performance issues' but I feel like they never gave me proper training or clear expectations. I've been working there for about 8 months and this came out of nowhere. Can I still file for unemployment through Washington ESD or does being fired automatically disqualify me? I'm really stressed about paying my bills and need to know what my options are.

You can definitely still file for unemployment even if you were fired. Washington ESD will investigate the circumstances of your termination to determine if you qualify. If you were fired for misconduct (like theft, violence, or willful violation of company policy), you might be disqualified. But if it was for performance issues or lack of skills, you'll likely qualify for benefits. The key is that Washington ESD looks at whether your actions were deliberate and substantial violations of your employer's interests.

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Thank you! That's really helpful. How long does the investigation usually take? I need to know if I should start looking for other income sources right away.

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The adjudication process can take 2-4 weeks typically. You should file your claim as soon as possible though, because benefits are backdated to when you first file, not when they approve it.

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I went through this same situation last year. Got fired for 'not meeting expectations' but Washington ESD approved my claim. The employer has to prove misconduct, not just poor performance. Make sure you file your weekly claims even while they're investigating - you can get paid retroactively if approved.

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Did your employer fight the claim? I'm worried they might try to block it.

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They did contest it initially but Washington ESD still approved me. They said the employer couldn't prove I deliberately violated policy, just that I wasn't good at the job.

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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 (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Really saved me hours of calling and getting hung up on.

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Interesting, I've never heard of that. How does it work exactly?

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It basically calls Washington ESD for you and gets you connected to a real person. Way better than sitting on hold for hours or getting the busy signal.

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wait so if you get fired you can still get unemployment?? i thought that was only if you got laid off. this is news to me

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Yes, being fired doesn't automatically disqualify you. It depends on the reason. Washington ESD looks at whether it was misconduct or just not being good at the job.

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Yeah I was shocked too when I found out. I got fired from my first job and was too embarrassed to even apply for unemployment. Wish I had known!

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The burden of proof is on the employer to show misconduct. Performance issues, attendance problems that aren't willful, or being a poor fit for the job generally don't disqualify you from UI benefits. Washington ESD will look at things like: was it deliberate? Did you know the rule/expectation? Was it substantial? If any of those are no, you'll likely qualify.

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This is really detailed, thank you. I definitely wasn't being deliberately bad at my job, I just never got proper training on their systems.

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Exactly! Lack of training or unclear expectations are not misconduct. You should be fine.

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I'm going through the same thing right now. Filed my claim 2 weeks ago and still waiting for the adjudication decision. The waiting is the worst part because you don't know if you'll get approved or not.

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How are you managing financially while waiting? I'm so worried about my rent next month.

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I've been doing some gig work just to have something coming in. Food delivery, stuff like that. At least it's something while I wait.

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File your claim TODAY if you haven't already. Don't wait. Even if you're not sure you'll qualify, it's better to file and get denied than to wait and miss out on potential benefits. The worst they can say is no.

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Good point. I was hesitating because I wasn't sure if I qualified but you're right, might as well try.

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YES this is so important. I waited 2 weeks to file because I was unsure and those are 2 weeks of benefits I can never get back.

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Just want to add that if Washington ESD does deny your claim initially, you can appeal the decision. I've seen people win appeals even after getting denied at first. Don't give up if you get bad news initially.

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

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You have 30 days from the date of the determination to file an appeal. Make sure to do it in writing and include any documentation that supports your case.

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Performance issues are definitely not misconduct in Washington state. I used to work in HR and we had employees who were just not good at their jobs - couldn't contest their unemployment claims because it wasn't willful misconduct.

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That's really reassuring to hear from someone who worked in HR. I was worried my employer might have more power than they actually do.

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Employers try to contest claims all the time but Washington ESD is pretty good about protecting workers' rights to unemployment benefits.

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I had to use Claimyr again this week to get through to Washington ESD about my weekly claim certification. Still works great - got connected to an agent in like 10 minutes instead of calling for hours.

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I might need to try that if I run into issues with my claim. Thanks for the recommendation!

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Same here, used it last month when my claim got stuck in adjudication. Definitely worth it to actually talk to someone.

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washington esd is actually pretty fair about this stuff. they know the difference between someone who's trying but not succeeding vs someone who's being deliberately problematic. sounds like you'll be fine

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I hope so! I really was trying my best at that job, just felt like I was set up to fail.

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That's exactly the kind of situation where you should get approved. Not your fault if they didn't train you properly.

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Make sure you keep any documentation from your termination - the termination letter, any emails about performance issues, etc. Having that stuff can help if there's a dispute about the circumstances.

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Good thinking. I do have the termination letter and some emails. Should I upload those when I file my claim?

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You might not need to upload them initially, but definitely keep them handy in case Washington ESD requests more information during the adjudication process.

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Been there! Got fired from my last job for not hitting sales targets. Washington ESD approved my claim within 3 weeks. Not hitting targets isn't misconduct, it's just not being good at the job. You should be fine.

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That's exactly what I needed to hear. Thank you for sharing your experience!

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Yeah, unless you were like stealing from the company or something, performance issues usually don't disqualify you.

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The Washington ESD adjudication process is thorough but fair. They'll contact your employer and get their side of the story, then make a decision based on the facts. If it really was just performance issues, you should be approved.

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Do they contact you too to get your side of the story?

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Sometimes they do, especially if there are conflicting accounts. They might call you for a phone interview to get more details about what happened.

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I was denied initially because my employer claimed I was fired for misconduct, but I appealed and won. Turned out they couldn't prove their claims. Don't be afraid to fight if you get denied unfairly.

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How long did the appeal process take?

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About 6 weeks total, but I got all my back benefits once I won the appeal. It was worth fighting for.

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One more thing - make sure you're doing your job search activities while waiting for the decision. You still need to meet the work search requirements even during adjudication.

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Good reminder! I've been so focused on the claim status I almost forgot about the job search requirements.

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Yeah, keep track of your job search activities in case they ask for verification later.

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honestly the washington unemployment system is pretty worker-friendly compared to other states. if you weren't doing anything deliberately wrong you'll probably get approved. just file asap and start looking for work

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That's encouraging! I'm going to file my claim today. Thanks everyone for all the helpful advice!

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Good luck! Hope everything works out for you.

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Last tip - if you need to talk to someone at Washington ESD about your claim, I had good luck with Claimyr helping me get through their phone system. Way better than the endless busy signals and dropped calls.

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Several people have mentioned that service now. I'll definitely check it out if I need to call Washington ESD.

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It's a game changer for actually reaching a human at Washington ESD. Saved me so much frustration.

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Bottom line: being fired for performance issues is NOT the same as being fired for misconduct. File your claim and let Washington ESD make the determination. You've got nothing to lose and potentially benefits to gain.

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You're absolutely right. I was letting my anxiety get the better of me. Filing today for sure.

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That's the spirit! Most people in your situation do get approved. Don't stress too much about it.

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