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Jungleboo Soletrain

Fired for insubordination - can I still collect Washington ESD unemployment benefits?

I got terminated from my warehouse job last month for what my supervisor called 'insubordination.' Basically I questioned a safety procedure that seemed dangerous and refused to follow it until we could get clarification from the safety manager. My boss said I was being disrespectful and fired me on the spot. I filed for unemployment right away but now I'm worried Washington ESD will deny my claim since I was fired for cause. Has anyone been in a similar situation? Do I have any chance of getting benefits approved?

You might actually have a good case here. Washington ESD looks at whether the 'insubordination' was willful misconduct or justified. If you were refusing to do something unsafe, that's not the same as just being defiant. You'll need to document everything - what exactly happened, any safety concerns you raised, company policies about safety procedures, etc. When you file your weekly claims, be honest about the circumstances.

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Thanks, that's reassuring. I did document everything right after it happened. Should I include all that documentation when I file or wait until they ask for it?

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Keep it all organized but submit it if they request additional information during adjudication. Washington ESD will likely contact both you and your former employer to get both sides of the story.

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Same thing happened to my brother - he got fired for refusing to work without proper safety equipment. His unemployment claim got approved after about 6 weeks of adjudication. The key is showing you had legitimate reasons for your actions.

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Six weeks of adjudication sounds scary but good to know it worked out. Did he have to do anything special during the process?

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He had to submit a written statement explaining his side and provide some documentation about company safety policies. Just be thorough and honest.

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If you're having trouble getting through to Washington ESD about your claim status, I found this service called Claimyr that helps people reach ESD agents. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out if you need to talk to someone about your adjudication.

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Thanks for the tip! I haven't been able to get through on the phone at all. How does it work exactly?

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It basically handles the calling process for you so you don't have to sit on hold forever. Pretty straightforward to use and saved me hours of frustration.

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Ev Luca

Is there a cost for something like that? Seems like it might be worth it if it actually works.

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OH NO this is exactly what I'm worried about!! I got written up for questioning a policy change and now I'm terrified they're going to fire me and I won't be able to get unemployment. Did you get any warning before they fired you? What if they say it was insubordination but you were just trying to do your job right?

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No warning at all - it happened the same day. But from what others are saying, if you have legitimate work-related reasons for your actions, it's not automatically disqualifying.

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Washington ESD doesn't automatically deny claims for insubordination. They look at the specific circumstances. If you were acting in good faith regarding work duties or safety, that's different from just being defiant.

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The Washington ESD adjudication process for misconduct cases can take 4-6 weeks typically. They'll interview both you and your employer separately. Make sure you emphasize that your actions were based on legitimate workplace safety concerns, not personal defiance. Document everything - dates, times, who was present, what safety issue you identified, company policies that supported your position.

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This is really helpful. Should I be preparing for this interview now or wait until they contact me?

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Start preparing now. Write down a timeline of events, gather any relevant company policies, safety manuals, or documentation. The more organized you are, the better your case will be.

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What kind of questions do they usually ask in these interviews?

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ugh the system is so broken. they'll probably side with the employer anyway because that's what they always do. i got denied for 'job abandonment' when i had to leave for a family emergency and they wouldn't give me time off. took forever to appeal and even then it was a nightmare.

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That sounds terrible. Did you eventually get it overturned on appeal?

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yeah but it took like 3 months and i almost lost my apartment. the whole system is designed to make you give up.

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I'm sorry you went through that. The appeals process can be lengthy but it does work when you have good documentation and legitimate reasons.

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I work in HR and see these cases sometimes. 'Insubordination' is pretty subjective and Washington ESD knows that. If you were raising legitimate safety concerns and following proper channels, that's not misconduct. Your employer will have to prove you were willfully violating reasonable instructions, not just that you questioned something unsafe.

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That makes me feel better. I was following the safety manual when I raised the concern, so hopefully that helps my case.

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Definitely keep a copy of that safety manual and highlight the relevant sections. That kind of documentation is exactly what Washington ESD wants to see.

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Keep filing your weekly claims even during adjudication! A lot of people don't realize this but you have to keep certifying or you'll lose those weeks. The system will hold your payments until the adjudication is complete, but you need to maintain your claim.

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Good point, I've been doing that. It feels weird filing when I don't know if I'll get approved but I'll keep doing it.

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Yeah that's super important. I stopped filing during my adjudication thinking I'd wait for approval and lost 3 weeks of potential benefits.

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What industry was this in? Some industries have specific safety regulations that might support your case. Like if this was construction or manufacturing, OSHA requirements could be relevant to show you were following proper safety protocols.

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It was a warehouse distribution center. The procedure involved lifting heavy items without proper equipment and I thought it violated our safety training.

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That sounds like a legitimate safety concern. Warehouse work has specific lifting protocols and if you were trained on them, refusing to violate them isn't insubordination.

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My claim got denied initially for 'misconduct' but I appealed and won. The key was showing that I was trying to follow company policy, not break it. Washington ESD looks at intent - were you trying to do your job properly or were you just being difficult? Sounds like you were trying to do your job safely.

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How long did the appeal process take? I'm hoping it doesn't come to that but good to know it's possible to win.

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About 8 weeks total including the hearing. It's a pain but worth it if you have a good case. Just stay organized and keep all your documentation.

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I used Claimyr to get through to Washington ESD when my claim was stuck in adjudication for weeks. Really helpful when you need to check on status or provide additional information. The phone system is impossible otherwise.

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I'm definitely going to look into that. I've tried calling so many times and never get through.

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Is it legit? I'm always skeptical of services that charge to help with government stuff.

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Yeah it's legitimate. They just handle the calling process so you don't have to waste hours on hold. Check out their demo video to see how it works.

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Document EVERYTHING about your job search too while you're waiting. Washington ESD requires 3 job search activities per week and they're pretty strict about it. Don't want to get denied for that reason even if your misconduct issue gets resolved.

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Good reminder. I've been focusing so much on the adjudication I almost forgot about the job search requirements.

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Yeah they'll check that too. Use WorkSourceWA to log your activities, makes it easier to track.

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Similar situation happened at my old job. Guy got fired for 'insubordination' but it was really about refusing to falsify safety inspection records. His unemployment got approved because he was protecting the company from liability, not being insubordinate. Context matters a lot.

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That's encouraging. It really was about safety in my case too, not just being difficult.

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Washington ESD does look at the bigger picture, not just the employer's version of events. That's why the adjudication process exists.

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Make sure you're prepared for the employer to paint you in the worst light possible. They'll probably emphasize the 'refused to follow instructions' part and downplay the safety concerns. Have your facts straight and stay professional when you talk to Washington ESD.

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That's a good point. I'll make sure to focus on the facts and avoid getting emotional about how unfairly I was treated.

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Exactly. Stick to the safety issue and company policies. Don't get sidetracked by personality conflicts or other workplace drama.

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Anyone know if you can get a lawyer for unemployment hearings? This sounds like it might end up there and I'm wondering if it's worth getting legal help.

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You can but most unemployment hearings don't require lawyers. The process is designed to be accessible. Focus on good documentation and clear presentation of facts.

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I had a lawyer for mine but honestly the hearing officer seemed more interested in the facts than legal arguments. Probably not necessary unless it's really complicated.

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Just want to say good luck! It's stressful waiting for adjudication but it sounds like you have a solid case. Safety concerns are taken seriously and refusing unsafe work isn't misconduct. Keep your documentation organized and stay positive.

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Thank you! This whole thread has been really helpful. I'm feeling more confident about my case now.

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You've got this! The fact that you documented everything right away shows you were thinking clearly about the situation.

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One more thing - if you do get approved, they'll backpay you for all the weeks you've been filing. So even though it's frustrating to wait, you won't lose those benefits if your claim gets approved after adjudication.

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That's good to know. I was worried about losing weeks while waiting for a decision.

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Yeah as long as you keep filing your weekly claims, you'll get paid for all of them once it's approved. Just keep doing what you're doing.

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Update us when you hear back! I'm in a similar situation and curious how these cases typically turn out. Sounds like you're handling it the right way though.

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Will do! Hopefully it's good news. This thread has given me a lot more confidence about my case.

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Same here, following this thread because I might be facing something similar soon. Good luck to both of you!

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The Claimyr service mentioned earlier really does work well. I was skeptical at first but it saved me so much time trying to reach Washington ESD. Worth checking out if you need to follow up on your adjudication status.

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I'm definitely going to try it. The regular phone system has been completely useless.

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Same experience here. Could never get through until I used their service. Made the whole process much less stressful.

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Last thought - even if this drags out for a while, don't give up. The system can be slow but it does work when you have legitimate reasons like safety concerns. Your case sounds much stronger than typical 'insubordination' situations.

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Thanks for the encouragement. It's easy to get discouraged but you're right - I need to stay focused on the facts and trust the process.

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