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Kaylee Cook

Do you qualify for Washington ESD unemployment if fired - need guidance

Got terminated from my warehouse job last Friday and I'm not sure if I can even apply for unemployment benefits. My supervisor said it was for 'performance issues' but honestly I think they just wanted to get rid of me because I complained about safety violations. I've been working there for 2 years and never had any write-ups before this month. Can you still get Washington ESD benefits if you were fired? I really need to know before I waste time filing a claim.

Yes, you can definitely qualify for unemployment even if you were fired, as long as it wasn't for misconduct. Performance issues usually don't disqualify you from benefits in Washington. The key question is whether your termination was for 'misconduct' under Washington ESD rules. Safety complaints are actually protected activity, so that could work in your favor.

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That's a relief to hear. Should I mention the safety complaint issue when I file my claim?

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Absolutely mention it. Keep documentation of any safety reports you made. Washington ESD needs to know the full context of your termination.

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File your claim ASAP regardless. Even if they initially deny you, you can always appeal. I was fired from my retail job for supposedly being late too much (which wasn't even accurate) and I still got approved after they investigated.

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How long did the investigation take for your claim?

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About 3 weeks. They called my former employer and me separately to get both sides of the story.

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The tricky part is going to be getting through to Washington ESD to check on your claim status once you file. Their phone lines are absolutely swamped. I spent weeks trying to reach someone about my adjudication. Finally found this service called Claimyr (claimyr.com) that actually got me connected to an agent in like 10 minutes. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Really? I've heard horror stories about not being able to reach anyone at Washington ESD. How much does that service cost?

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It's worth it compared to spending hours on hold getting nowhere. The peace of mind knowing you can actually talk to someone when issues come up is huge.

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Sounds too good to be true tbh. Why would they be able to get through when regular people can't?

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DONT LET THEM INTIMIDATE YOU!! Employers lie all the time about why they fired people to try to block unemployment claims. I got fired from a restaurant for 'attitude problems' which was complete BS and I still got my benefits. Document everything you can remember about your termination meeting.

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I do have the termination paperwork they gave me. It just says 'failure to meet performance standards' which seems pretty vague.

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Vague is actually good for you! That doesn't sound like misconduct at all. Performance issues are totally different from misconduct under Washington unemployment law.

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File online through SecureAccess Washington as soon as possible. The sooner you file, the sooner your benefit year starts. Even if it goes to adjudication, you want that clock ticking.

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Is there a waiting period before benefits start?

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There's a one-week waiting period for the first week, but after that you should get paid for eligible weeks once approved.

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I was in a similar situation last year - fired for 'not being a good fit' after 18 months. Got my unemployment no problem. The key is being honest on your application but also not throwing yourself under the bus. Stick to the facts about what happened.

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Did your employer try to fight your claim?

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They responded to Washington ESD's inquiry but didn't provide any evidence of actual misconduct. I think they knew they were on shaky ground.

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Just to be clear on the misconduct standard - Washington ESD looks for willful or deliberate violations of company policy. Things like theft, fighting, excessive unexcused absences, or insubordination. Poor performance, personality conflicts, or even honest mistakes usually don't qualify as misconduct.

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What about if you got written up a few times before being fired?

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Write-ups for performance issues still wouldn't typically be misconduct. It depends on what the write-ups were for and whether you had a chance to improve.

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honestly the whole system is set up to screw over workers anyway. even if you qualify they'll make you jump through hoops and it takes forever to actually see any money

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It's frustrating for sure, but it's still money you're entitled to. Don't let the bureaucracy stop you from filing.

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I guess you're right. Just tired of having to fight for everything.

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One more thing about Claimyr - I was skeptical at first too but it really works. When my claim got stuck in adjudication for weeks, I used their service and got connected to an actual Washington ESD agent who explained exactly what was holding things up. Turns out it was just a simple verification issue that got resolved the same day.

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That's exactly what I need. I've been calling for days with no luck.

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Yeah, their regular phone system is basically useless. This actually gets you to a real person who can look at your account.

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Update: I filed my claim online this morning. The process was pretty straightforward. Now I'm just waiting to see if it goes to adjudication or gets approved automatically. Thanks everyone for the encouragement to just go ahead and file.

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Good for you! Make sure to file your weekly claims even while waiting for a decision.

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Keep checking your account for any requests for additional information. Sometimes they need documentation and the clock starts ticking when they ask for it.

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My brother got fired from construction for showing up late too many times and still got unemployment. Like others said, unless it's serious misconduct you should be fine.

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That's reassuring. I was worried that any firing would disqualify me.

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The safety complaint angle could actually strengthen your case if they try to fight it. Retaliation for safety complaints is illegal and Washington ESD knows this.

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I did file a complaint with L&I about the safety issues. Should I mention that in my weekly claims?

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Definitely keep that documentation handy. You might not need it, but if they contest your claim it could be important evidence.

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Just remember to keep looking for work and log your job search activities. Washington ESD requires 3 job search activities per week, so start that documentation right away even while your claim is pending.

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Do I need to do job search activities during the first week or can I wait until my claim is approved?

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Start immediately. They can ask for your job search log going back to when you first filed, so better to have it from day one.

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lol good luck actually getting anyone on the phone at Washington ESD. i gave up after trying for 2 months

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That's why I mentioned Claimyr earlier. I had the same frustration until I found that service. Check out their demo video if you're still having trouble reaching Washington ESD.

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Question - if they do contest the claim, how long does that usually take to resolve? I might be in a similar situation soon.

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If it goes to adjudication, usually 2-4 weeks depending on how backed up they are. If you end up needing an appeal hearing, that can take several months.

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Ugh, several months? That's brutal if you need the money to pay bills.

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I got terminated for 'restructuring' last month and my claim was approved within a week. Every situation is different but yours sounds like it should go through fine.

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That gives me hope. I'm trying not to stress about it too much but bills don't stop coming.

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at least you have a clear reason for the termination. some employers just make stuff up or give super vague reasons to try to screw you over

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Exactly! The fact that they cited performance issues instead of misconduct actually works in OP's favor.

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Make sure you understand the difference between being fired and being laid off when you're filling out the application. Being fired for performance is still eligible, but make sure you select the right option.

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I selected that I was discharged/fired. Is that right?

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Yes, that's correct. Discharged/fired is the right category for your situation.

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One thing nobody mentioned - make sure you have your employer's complete information when filing. Sometimes Washington ESD has trouble reaching employers if the contact info is wrong, which can delay your claim.

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I used the info from my last paystub. Should be accurate since it was just last week.

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Keep copies of everything - your termination paperwork, your claim application, any correspondence from Washington ESD. If you need to appeal later you'll want all that documentation organized.

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Good point. I've been taking screenshots of everything on the website too.

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Smart. The more documentation you have, the better prepared you'll be if any issues come up.

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