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Alberto Souchard

Do you qualify for Washington ESD unemployment if you are fired from your job?

I got terminated from my warehouse job last Friday and I'm wondering if I can still get unemployment benefits through Washington ESD. My supervisor said it was due to "performance issues" but I feel like they were just looking for reasons to let me go. I've been working there for almost 2 years and never had any write-ups until the last month. Can you still qualify for UI benefits if you get fired? I really need to know before I waste time filing a claim.

Yes, you can potentially qualify for unemployment even if you were fired, but it depends on the reason. Washington ESD will look at whether you were terminated for "misconduct" or not. Performance issues generally don't count as misconduct unless you were willfully neglecting your duties.

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That's good to hear. They never said I was doing anything wrong on purpose, just that my numbers weren't meeting expectations.

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Exactly right - poor performance vs misconduct are treated very differently by Washington ESD. File your claim and let them make the determination.

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File your claim ASAP! Even if Washington ESD initially denies it, you can appeal. I got fired for being late too many times and still got approved after explaining my transportation issues.

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How long did the appeal process take? I'm worried about having no income for weeks.

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Mine took about 6 weeks total but I got backpay for the whole period once approved.

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I had a similar situation and used Claimyr to get through to an Washington ESD agent to discuss my case. The website is claimyr.com and they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Really helped me understand what information Washington ESD needed for my termination case.

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Never heard of that service before. Did it actually help you get approved faster?

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It helped me talk to someone who could explain exactly what documentation I needed to support my case. Made the whole process less stressful.

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The key things Washington ESD looks at for fired employees: 1) Was it willful misconduct? 2) Did you violate company policy knowingly? 3) Were you given warnings and chance to improve? Performance issues usually don't qualify as misconduct.

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They did give me one verbal warning about my pick rate being low, but nothing written until the day they fired me.

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That actually works in your favor - shows they didn't follow progressive discipline properly.

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ugh this is exactly why i hate at-will employment... they can just make up reasons to fire you

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But that's also why we have unemployment insurance - to protect workers when this happens.

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true but still sucks having to prove you deserve help

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Make sure you file your initial claim within the first week after termination. Even if Washington ESD needs to investigate, you want that effective date to be as early as possible. You can't get benefits for weeks before you file.

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I'll file tonight then. Should I mention the performance issues myself or wait for them to ask?

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Be honest but don't over-explain. Just state that you were terminated for performance reasons and let Washington ESD investigate.

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I got fired from my last job for "attitude problems" which was really just me asking questions about unsafe working conditions. Still got approved for unemployment because Washington ESD said it wasn't misconduct.

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That gives me hope. My situation sounds less serious than yours was.

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Washington ESD really does look at each case individually. They're not just rubber-stamping denials.

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Pro tip: Start documenting everything about your termination now while it's fresh. Write down exactly what they told you, who was present, what reasons they gave. If it goes to adjudication you'll need those details.

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Good idea. I remember most of it but should write it down properly.

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Also keep any emails or texts about your performance if you have them.

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My claim got stuck in adjudication for 5 weeks after being fired. Couldn't get through to Washington ESD on the phone at all until someone recommended Claimyr. Finally talked to an agent who explained they were waiting for my employer to respond to their request for information.

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5 weeks?? That's terrifying. How did you survive financially?

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Had to borrow money from family. But once it was resolved I got all the backpay, so definitely worth pushing through the process.

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The worst part about getting fired is the uncertainty. At least with unemployment you know you'll have something coming in while you job search. File that claim!

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You're right, I need to stop overthinking it and just apply.

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Washington ESD misconduct standard is pretty high - they're looking for things like theft, violence, repeated violations after warnings. Poor performance rarely rises to that level unless you were deliberately sabotaging work.

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This is correct. I work in HR and we have to provide very specific documentation to Washington ESD to prove misconduct.

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That makes me feel much better about my chances.

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just file the claim and see what happens... worst case they say no and you appeal

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True, nothing to lose by trying.

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Remember that even if your employer contests your claim, Washington ESD makes the final decision based on the facts. Employers contest claims all the time to avoid higher unemployment tax rates, but it doesn't mean they'll win.

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My employer contested mine and Washington ESD still approved it after reviewing everything.

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Good to know they don't just automatically side with employers.

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I was fired for "not being a good fit" which is basically nothing. Got approved for unemployment no problem. Performance issues are usually not misconduct unless you were being deliberately bad at your job.

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That's encouraging. I definitely wasn't trying to do bad work.

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Same thing happened to my brother. 'Not a good fit' is employer code for 'we don't want to deal with wrongful termination claims.

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One more thing - make sure you're actively job searching once you start collecting benefits. Washington ESD requires work search activities and they do audit them randomly. Keep good records of your applications.

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How many job applications do you need to do per week?

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It varies based on your situation, but generally 3 work search activities per week. Can be applications, interviews, networking events, etc.

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Been through this process twice - once for being fired, once for layoff. Being fired actually wasn't much different in terms of getting approved. Washington ESD cares more about WHY you were fired than the fact that you were fired.

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That's reassuring. I was worried being fired was an automatic disqualification.

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File online at esd.wa.gov as soon as possible. The sooner you file, the sooner your waiting week starts. Even if there's an issue, you want that claim date to be early.

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Waiting week?

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Your first week of unemployment is a 'waiting week' where you don't get paid, but it still counts toward your benefit year.

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Update us on how it goes! I think you'll be fine based on what you've described. Performance issues rarely count as misconduct for Washington ESD purposes.

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Will do! Filing my claim tonight. Thanks everyone for the encouragement and advice.

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If you do run into issues reaching Washington ESD during the process, I can't recommend Claimyr enough. Made such a difference in getting my questions answered quickly instead of calling dozens of times.

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How much does that service cost?

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It's worth checking out their website for current info. The peace of mind alone was valuable to me when I was stressed about my claim.

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Thanks everyone! This thread has been incredibly helpful. I'm going to file my claim tonight and stop worrying about it so much. Sounds like I have a good chance of getting approved.

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Good luck! Remember to be honest but concise in your application.

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You've got this! Most people who get fired for performance reasons get approved.

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