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Natalie Adams

Do you get unemployment if you were fired - Washington ESD eligibility?

Got terminated from my job last month and not sure if I can even apply for unemployment benefits. My manager said it was for performance issues but I think it was really because I questioned some safety protocols. Do you still qualify for Washington ESD benefits if you were fired? I've heard conflicting things and don't want to waste time applying if I'm not eligible.

Yes, you can still get unemployment even if you were fired, but it depends on the reason. Washington ESD will determine if the firing was for 'misconduct' or not. Performance issues usually don't disqualify you, but things like theft or insubordination might.

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That's helpful, thanks. What exactly counts as misconduct in Washington ESD's eyes?

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Misconduct is basically willful or wanton disregard of employer's interests. Being bad at your job isn't misconduct, but deliberately breaking rules is.

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I was in a similar situation. Got fired for 'attitude problems' but Washington ESD approved my claim. The key is how you explain it when you file. Be honest but frame it from your perspective.

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How long did it take for them to make a decision on your claim?

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About 3 weeks. Had to do a phone interview where they asked both me and my former employer about what happened.

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If you're having trouble getting through to Washington ESD to discuss your situation, 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. Really helped me when I needed to talk to someone about my adjudication.

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Is that legit? Sounds too good to be true with how impossible it is to reach Washington ESD by phone.

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I was skeptical too but it actually worked. Saved me hours of redialing and getting busy signals.

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Might have to try that if my claim gets complicated. Thanks for the tip.

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Whatever you do, apply ASAP. Even if Washington ESD denies your claim initially, you can appeal. But you can't get back those weeks you didn't file for.

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Good point. I'll file today and deal with any issues later.

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ugh the whole system is so confusing. I got fired too and still don't know if I should apply or not. scared they'll want money back if I'm not supposed to get it

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You won't owe money back just for applying if you're honest about the circumstances. The worst that happens is they deny your claim.

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ok that makes me feel better about it

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I've seen people get approved even after being fired for attendance issues. Washington ESD looks at the whole situation, not just the fact that you were terminated.

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That's encouraging. My situation was more about disagreeing with management than actual performance problems.

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When you file your initial claim, make sure to give your side of the story clearly. Don't just say 'fired' - explain the circumstances that led to it.

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Should I mention the safety issues I raised? I don't want to sound like I was being difficult.

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Absolutely mention it. Raising legitimate safety concerns is protected activity and could actually help your case.

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The unemployment office will contact your employer too to get their side. So your employer will know you filed for benefits.

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I figured as much. Not worried about that since I'm not going back there anyway.

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Just remember you'll still need to do job searches every week even while your claim is being reviewed. Don't skip that part or you could lose benefits later.

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How many job searches do you need to do per week in Washington?

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It's 3 job search activities per week. Can be applications, networking events, job fairs, etc. Keep good records.

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One more thing - if Washington ESD schedules a fact-finding interview about your separation, don't miss it! That's where you get to tell your side of the story.

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What happens if I can't reach them for the interview? Their phone system is horrible.

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That's exactly when Claimyr comes in handy. Much easier than trying to get through on your own when you have a scheduled interview.

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I hate to be negative but Washington ESD has been denying a lot of claims lately. Even for people who should qualify. Be prepared to appeal if necessary.

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How long does the appeal process take?

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Can be months unfortunately. But you might get benefits while the appeal is pending depending on the situation.

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Performance issues are usually not disqualifying misconduct. The employer has to prove you willfully violated company policy or were grossly negligent.

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That's reassuring. I was never written up for policy violations, just told my performance wasn't meeting expectations.

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wait so if you get fired for being late a lot is that misconduct? asking for a friend lol

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Depends on the circumstances. Chronic tardiness could be misconduct if you were warned and continued anyway. But if there were legitimate reasons like transportation issues, maybe not.

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ok good to know thanks

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Document everything about your termination while it's fresh in your memory. Dates, who said what, any emails or write-ups. You might need it for the interview.

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Smart advice. I still have some emails about the safety concerns I raised.

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The bottom line is you won't know until you apply. Washington ESD makes these decisions case by case. Don't assume you're disqualified.

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True. Better to try and get denied than not try at all.

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Make sure you understand the difference between being 'fired' and being 'discharged.' Washington ESD cares about the reason behind the separation, not just the terminology.

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What's the difference? I thought they were the same thing.

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They are the same thing basically. Point is whether it was for misconduct or not - that's what matters for unemployment eligibility.

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I got approved after being fired and it took forever to get someone on the phone to explain the decision. That Claimyr thing someone mentioned earlier might be worth it just to get answers faster.

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Yeah I'm definitely going to look into that if I run into phone issues.

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Pro tip: when you do your weekly claims, be consistent with how you describe your job separation. Don't change your story.

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Good point. I'll make sure to stick to the facts as I know them.

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The whole process is stressful but don't let that stop you from filing. Worst case scenario they say no and you appeal. Best case you get benefits while you look for new work.

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Thanks everyone for all the advice. I feel much more confident about filing now.

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Just saw this thread and wanted to add - if you do end up needing to contact Washington ESD about your claim status or have questions about the decision, definitely check out that Claimyr service. The phone system is so backed up that it can save you literally hours of trying to get through.

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I'll definitely keep that in mind. Thanks for mentioning it again.

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