ESD hearing scheduled for misconduct termination - will poor performance affect my UI claim?

Yes I had this EXACT same situation last year!! My employer claimed misconduct but it was really just that I couldn't meet their crazy sales quotas. The key is to focus on the fact that you TRIED to meet expectations - misconduct has to be deliberate and serious. Bring all your performance reviews (especially good ones from before), any emails showing changing expectations, and witnesses if possible. In my hearing I proved I was actually trying my best despite unreasonable demands. They ruled it was just discharge for inability to meet performance standards which IS eligible for benefits!!

Omg thank you so much! Did you have a lawyer? I'm worried because they have a big HR team and I'm just by myself. Should I request copies of all my performance reviews now or wait until the hearing?

To clarify what others have said: in Washington state, you can potentially still qualify for unemployment even if fired, as long as the discharge wasn't primarily for willful misconduct. Poor performance alone is typically not disqualifying unless it was deliberate. The key distinction ESD makes is between:\n\n1. Inability to meet standards (usually benefit-eligible)\n2. Deliberate violation of reasonable employer rules (potentially disqualifying)\n\nFor your hearing, you'll need to focus on showing that any performance issues were despite good faith efforts on your part, and that any alleged misconduct wasn't willful or substantial. Request all documentation from your employer ASAP through a formal written request - performance reviews, company policies, disciplinary notices, etc.

This happened to my brother too and the ESD lady told him the employer has to prove you KNEW you were breaking rules and did it anyway for it to be misconduct. Otherwise its just regular firing and you get benefits. His boss tried to say he was

I've been through this process and found that connecting with an actual ESD agent before your hearing can be incredibly helpful. They can explain what specific evidence would be most beneficial in your case. However, getting through to ESD is nearly impossible these days. I finally used Claimyr (claimyr.com) which got me connected to an ESD agent within 25 minutes after weeks of failed attempts. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nThe agent gave me specific advice about documentation needed to counter misconduct allegations which made a huge difference in my hearing outcome.

Thanks for this tip! I've been calling ESD for 3 days with no luck. I'll check out that service because I definitely need to talk to someone about my specific situation before the hearing.

dont worry to much about the hearing - there actually pretty fair. I got terminated for \

I disagree ESD hearings are NOT fair at all!!! My cousin lost hers even though her boss was completely unreasonable. It depends entirely on which judge you get. Some of them automatically side with employers no matter what evidence you have. The whole system is rigged against workers!!

While I agree that you can absolutely still get UI benefits if terminated for performance issues, I need to point out something important: you need to be VERY careful with your testimony at the hearing. Anything you say is under oath. I've seen people accidentally admit to things that were then used to deny their claims. \n\nSome advice:\n1. NEVER say you knowingly violated a policy\n2. Don't get emotional or angry (judges hate this)\n3. Stick to facts about changing expectations\n4. Use the phrase \

This is super helpful, thank you. Should I mention that other coworkers also struggled with the new expectations? I don't want to drag them into this but it shows I wasn't the only one who found the targets impossible.

Yes, mentioning that others struggled with the same expectations can be very helpful as it establishes that the standards were objectively difficult, not just subjectively difficult for you. However, frame it carefully - \

I had my hearing back in November for something similar but mine was for attendance issues not performance but they called it misconduct too. The hearing was over the phone and lasted about 45 minutes. Make sure you have all your documents ready to email during the hearing if they ask for them! I was scrambling trying to find stuff while the judge was waiting which was embarrassing. Oh and don't interrupt when the employer is talking even if their lying!! Write down what they say and wait for your turn to respond. Good luck!!

Thanks for the tip about not interrupting! Did you win your case? How long after the hearing did you find out the decision?

Yes I did win! They decided it wasn't misconduct just regular attendance issues. I got the decision in the mail about 10 days after the hearing but it also showed up in my eServices account after about a week.

One last piece of advice: prepare a concise opening and closing statement for your hearing. About 2-3 minutes each, focusing on:\n\n1. Your work history (3 years, previously good performance)\n2. The timeline of when problems began (coinciding with new manager)\n3. Your attempts to meet changing expectations\n4. Why the \