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Nadia Zaldivar

Do you get unemployment if you're fired - Washington ESD eligibility rules?

Just got terminated from my warehouse job yesterday and I'm trying to figure out if I can even apply for unemployment benefits through Washington ESD. My supervisor said it was for 'performance issues' but honestly I think they were just looking for reasons to let people go. I've been working there for almost 2 years and never had any formal write-ups or warnings. Does anyone know if being fired automatically disqualifies you from getting UI benefits in Washington? I really need to know before I waste time filing a claim.

You can definitely still get unemployment even if you were fired, but it depends on WHY you were fired. Washington ESD looks at whether you were terminated for 'misconduct' or just regular performance/business reasons. If they fired you for attendance, poor performance, or downsizing - you should be eligible. If it was for stealing, fighting, or willful misconduct - that's different.

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That's good to know! They said performance but I never got any formal warnings. Should I mention that when I file?

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Yes absolutely mention the lack of progressive discipline. Washington ESD wants to see if your employer followed proper procedures before terminating.

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Ev Luca

This is really helpful info. I was worried about the same thing when I got let go last month.

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I went through this exact situation 6 months ago. Got fired for 'performance' but it was really just them cutting costs. Filed my claim anyway and Washington ESD approved it after about 3 weeks. The key is being honest about what happened but also explaining your side of the story. If you never got written warnings or went through progressive discipline, that actually works in your favor.

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Did they contact your employer during the process? I'm worried my boss will say bad things about me.

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Yeah they sent my employer some forms to fill out about why I was terminated. But Washington ESD makes their own decision based on the facts, not just what your employer says.

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Be prepared that your claim might go into adjudication if your employer contests it. This happened to me and I couldn't get through to anyone at Washington ESD for weeks to check on the status. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person who explained what was happening. They have this demo video too: https://youtu.be/7DieNd3C7zQ. Made the whole process way less stressful.

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How long did adjudication take for you? I'm already stressed about money.

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Mine took about 5 weeks total but that was because I couldn't get info from Washington ESD. Once I used Claimyr to talk to someone, they explained I just needed to submit one more document and it was resolved in a few days.

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Never heard of Claimyr before but might be worth looking into. The Washington ESD phone system is absolutely terrible.

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DEFINITELY apply! I see so many people who don't even try because they think being fired automatically disqualifies them. That's not true at all. Washington has pretty reasonable unemployment laws compared to some states. The worst thing that can happen is they deny your claim, but you can appeal that decision too.

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You're right, I should just go for it. Better to try than wonder what if.

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Exactly! And even if they deny initially, lots of people win their appeals.

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The real question is whether your termination was for 'misconduct' under Washington law. Simple poor performance usually isn't considered misconduct unless you were deliberately doing bad work or ignoring direct orders. Since you said no formal warnings, sounds like you have a good case.

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What exactly counts as misconduct? I want to make sure I understand.

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Things like theft, violence, chronic tardiness after warnings, insubordination, drug/alcohol use at work. Basic performance issues don't usually qualify.

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This is helpful. I got fired for being 10 minutes late a few times but never got written up either.

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Ev Luca

File your claim as soon as possible! Even if there's an issue, you want to get the process started. I waited a week after getting fired and regretted it because benefits are dated from when you file, not when you lost your job.

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Good point! I'll file today then. Better safe than sorry.

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Ev Luca

Smart move. The online system is pretty straightforward for the initial filing.

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Just to add - when you file, be completely honest about why you were terminated. Don't try to sugarcoat it or leave things out. Washington ESD will find out anyway when they contact your employer, and being dishonest will definitely hurt your case.

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Makes sense. Honesty is probably the best policy here.

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Yes! I made this mistake and it caused way more problems than just being upfront from the start.

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Also remember that even if you get approved, you'll still need to do your weekly claims and job search requirements. Don't forget about that part once you start receiving benefits. Washington ESD is pretty strict about the job search stuff.

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How many jobs do you have to apply to each week?

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I think it's 3 job search activities per week, but check the current requirements when you file. They changed some rules recently.

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It's actually 3 job search activities but they can include more than just applications - networking, job fairs, etc.

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I got fired from my last job for supposedly being 'difficult to work with' which was complete BS. Still got my unemployment approved after they investigated. The key is that Washington ESD looks at whether the employer had good cause and followed proper procedures. Sounds like your situation is similar to mine.

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That gives me hope! How long did the investigation take?

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About 4 weeks but this was during busy season. Might be faster now.

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One thing to watch out for - if your employer contests your claim, you might have to participate in a phone hearing. Don't panic if this happens! Lots of people win these hearings, especially if the employer can't prove actual misconduct.

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A hearing sounds scary. Do you need a lawyer for that?

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You can get one but most people represent themselves. Just be prepared to explain your side clearly and have any documentation ready.

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I had a hearing and won without a lawyer. Just told the truth and had my facts straight.

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Quick question - did they give you any severance pay? That might affect when your benefits start but shouldn't disqualify you completely.

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No severance, just my final paycheck. Is that good or bad?

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Actually good for unemployment purposes! No severance means no delays in benefit start date.

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The Washington ESD website has a good explanation of misconduct vs non-misconduct terminations. Might be worth reading through that before you file so you know what to expect.

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I'll check that out. Thanks for the tip!

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Yeah their website actually has decent info, unlike their phone system lol

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Been there! Got 'laid off' but really fired for not meeting unrealistic quotas. Still got approved because Washington ESD could see the quotas were impossible. Don't give up even if your situation seems complicated.

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That's encouraging. Seems like they really do investigate fairly.

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Yeah they were actually pretty thorough. Took time but was worth it.

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If you do run into problems getting through to Washington ESD during the process, I had success with that Claimyr service someone mentioned earlier. Really helped when my claim got stuck and I couldn't get answers anywhere else.

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Good to know there are options if I get stuck. Hopefully I won't need it but nice to have a backup plan.

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Same here, used Claimyr when I was having adjudication issues. Worth it for the peace of mind.

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Whatever you do, don't let your employer intimidate you out of filing. I've seen managers tell people they won't be eligible just to discourage them from applying. File anyway and let Washington ESD make the decision.

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My supervisor did seem pretty confident I wouldn't get benefits. Now I'm wondering if that was just to discourage me.

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Probably was! Employers often say that stuff hoping you won't file. Don't let them decide for you.

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Exactly. Let Washington ESD be the judge, not your former boss.

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Also keep in mind that if you do get approved, your weekly benefit amount will be based on your earnings over the past year. Make sure you have accurate records of your wages when you file.

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I should have all my pay stubs. Is there anything else I need to gather?

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Just basic info about your employment dates and reason for separation. The wage info they can verify independently.

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Good luck with your claim! Sounds like you have a solid case based on what you've described. The process can be stressful but don't let that stop you from getting benefits you're entitled to.

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Thanks everyone! This thread has been super helpful. I'm feeling much more confident about filing now.

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Glad we could help! Come back and update us on how it goes.

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Yeah definitely update us! And remember about Claimyr if you need to talk to someone at Washington ESD during the process.

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Just saw this thread and wanted to add that I got unemployment after being fired for 'attitude problems' which was basically just me standing up for myself. Don't let vague termination reasons scare you off from applying.

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That's similar to my situation. Makes me feel better about my chances.

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Yeah, as long as you weren't actually doing anything wrong, you should be fine. Washington is pretty fair about these things.

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One last thing - start looking for work right away even while your claim is processing. You'll need to show job search activities anyway and it looks good if there are any questions about your case.

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Already started updating my resume! Figure I might as well get a head start.

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Smart approach! That proactive attitude will serve you well.

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This whole thread is why I love this forum. So much good info and support for people dealing with Washington ESD stuff. Hope everything works out for the OP!

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Seriously, you all have been amazing. I was so stressed this morning and now I feel like I actually know what I'm doing.

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That's what we're here for! Washington ESD can be confusing but it's definitely manageable when you know what to expect.

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