ESD requesting termination details - How to explain being removed from lead position?
We're in a real panic right now! My husband was let go about a month ago and has been collecting ESD benefits for 3 weeks. Today we got this letter saying they need 'additional information regarding separation from employment.' He was promoted to a lead position back in October that honestly he wasn't fully prepared for (they rushed the promotion because someone quit). After 3 months they told him he wasn't meeting expectations in the lead role, but they didn't have any other positions open so they had to let him go. The separation letter just says 'not meeting performance expectations.' How honest should we be on this ESD form? Will they contact his employer? I'm worried if we say the wrong thing they'll deny his benefits and we've already been using the money for bills. Has anyone dealt with this type of situation before? What exactly should we write?
21 comments


Amara Eze
Don't panic! This is a standard fact-finding request that ESD sends out to verify eligibility. Your husband should definitely be honest about what happened. Being let go because he couldn't perform a new position he was recently promoted to is NOT misconduct and shouldn't disqualify him from benefits. Make sure he explains: 1) He was promoted to a new lead position 2) He was still learning the role when terminated 3) The company didn't offer an alternative position 4) There was no misconduct, just performance in a new role Yes, ESD will contact the employer to get their side. If both stories match up (not misconduct, just not meeting expectations in a new role), he should be fine.
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Liam McGuire
•Thank you SO MUCH for your quick response! That makes me feel better. I was afraid they would say it was his fault for not being able to do the job. So we should mention he was only in that role for 3 months? Do we need any documents from the employer to back this up?
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Giovanni Greco
i had something sorta similar happen back in 2023 and honestly it depends on what ur employer says. if they tell ESD it was cuz he couldnt do the job ur probably fine but if they say he did something wrong like broke rules or whatever then u might have issues. just be 100% honest
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Liam McGuire
•That's what I'm worried about! His manager seemed understanding when it happened, but what if they tell ESD something different? We really need these benefits right now.
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Fatima Al-Farsi
THIS EXACT THING HAPPENED TO ME!! ESD will ALWAYS side with employers so be VERY careful what you write!!! They denied me initially even though I was just "not a good fit" and it took 2 months to appeal!!
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Amara Eze
•This isn't accurate. ESD doesn't automatically side with employers - they follow state law. Being unable to perform a new position you were recently promoted to is generally not considered misconduct under WA unemployment law. Performance issues, especially in a new role, usually don't disqualify someone as long as they were making a good faith effort.
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Dylan Wright
If you're getting stressed about reaching ESD to discuss this further, I found a service called Claimyr (claimyr.com) that got me through to an actual ESD agent in under 30 minutes when I had a similar issue. There's a video demo of how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 For your actual question - be direct and factual in your response. Explain he was promoted, tried his best to meet expectations, but was ultimately let go when he couldn't fulfill the new role requirements and no other positions were available. I went through something similar and was approved because it wasn't misconduct - just a mismatch in capabilities for a specific position.
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Giovanni Greco
•is that service legit? i've been trying to get thru to esd for days about my adjudication and keep getting hung up on
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Dylan Wright
•Yes, it worked for me when I was dealing with identity verification issues. Got through to an actual person who could help instead of just hitting the automated system over and over.
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Sofia Torres
Let me clarify something important here: Washington state unemployment law distinguishes between misconduct (which can disqualify you) and simple performance issues (which generally don't). Your husband's situation is a textbook example of what's generally covered - he was given a position that wasn't a good match for his skills, he attempted to do the job, and was let go because he couldn't perform the specific duties of that new position. On the ESD form, he should: 1. Stick to facts without emotional language 2. Include dates (when promoted, when terminated) 3. Mention he was willing to take another position if available 4. Note that there was no disciplinary action prior to termination 5. Avoid any language that suggests he knowingly couldn't do the job ESD will almost certainly approve this claim as long as your husband's explanation aligns with the employer's statement. Just make sure he files his weekly claims on time while this is being resolved.
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Liam McGuire
•Thank you so much for the detailed explanation! This is really helpful. He doesn't have any disciplinary actions in his file and his manager even said they'd provide a good reference for his next job. I feel much better about responding now.
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GalacticGuardian
Wait was he fired or laid off? Those are totally different things for ESD. If he was fired for performance thats one thing but if it was a layoff cuz they didnt have other spots that's different...
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Sofia Torres
•This is a good question, but for ESD purposes what matters most is whether there was misconduct. Based on OP's description, this sounds like a termination due to inability to perform new job duties after a promotion, without alternative positions available. This generally falls under "performance issues" rather than misconduct, which usually means benefits will be approved.
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Liam McGuire
•His termination letter says 'not meeting performance expectations in current role' but also mentions there were 'no suitable alternative positions available at this time.' They didn't use the word 'fired' or 'laid off' specifically.
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Dmitry Smirnov
When I went through the adjudication process last year, I learned that being very specific about timeline matters a lot. Make sure your husband clearly states how long he was with the company overall versus how long he was in the lead position. This shows he was successful in his original role. Also, if his former employer provided any positive feedback at all during his time there (even if it was before the promotion), mention that too. ESD is mainly looking to determine if this was a case of someone simply not being suited for a specific role (covered) versus someone being negligent or willfully underperforming (not covered). Despite what some are saying here, I found ESD to be quite fair when evaluating these situations as long as you're honest and thorough in your explanation.
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Liam McGuire
•That's really helpful! He was with the company for 3 years before the promotion and always had good performance reviews. We'll definitely include that information.
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Fatima Al-Farsi
Am I the only one who thinks its CRAZY that they can just decide someone isnt "good enough" for a job they PROMOTED them to and then fire them?? The whole system is rigged against workers!!! At least document the issues and give people a chance to improve before cutting them loose!!
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Giovanni Greco
•yea its pretty messed up. washington is an at-will state tho so they can fire for almost any reason as long as its not discrimination
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Amara Eze
•While it may seem unfair, the good news is that Washington's unemployment system generally recognizes this situation as qualifying for benefits. Being unable to perform in a new role is not considered misconduct for unemployment purposes.
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Liam McGuire
Update: We submitted the information to ESD yesterday explaining exactly what happened - that he was promoted to lead, tried his best for 3 months, but wasn't meeting expectations in that specific role, and there weren't other positions available. We emphasized that he had 3 years of good performance before the promotion. Now we're just waiting to hear back. Thanks everyone for your advice! I'll update again when we get a decision.
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Amara Eze
•Sounds like you provided exactly the right information. Make sure he continues to file his weekly claims while waiting for their decision. This prevents any gaps in payment once they make a determination.
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