Fired for 'performance issues' but suspect retaliation - will ESD deny my UI claim?

i was fired for "performance" last year but still got benefits. key is what you tell ESD. don't just accept the employers story. tell ESD your side!!! they fired you because you reported something illegal/wrong, not cuz you couldnt do the job. ESD looks at if u did something wrong on purpose or if u were just not good fit. Big difference!!

Being fired doesn't automatically disqualify you from UI benefits. What matters is whether the termination was for "misconduct" which has a specific definition with ESD. Poor performance alone is usually NOT misconduct unless you were deliberately not performing your duties. Definitely file a new claim now rather than waiting until October 15th. The previous benefits were exhausted, and this is a new qualifying event (job loss). For the termination reason, select the closest option (usually "discharged") and then in the explanation box, clearly state that you believe it was retaliatory after reporting potential compliance issues. Upload any supporting documentation you have. You'll likely go through adjudication where both you and the employer give statements. Get your documentation ready now (performance reviews, emails showing your work was acceptable, timeline of events showing retaliation). The Northwest Justice Project might be able to help with your employment law questions: https://nwjustice.org/get-legal-help

When I got fired for "not meeting expectations" after reporting safety violations, my employer fought my UI claim HARD. I went through 6 weeks of adjudication but eventually won. Here's what helped me: 1. I documented EVERYTHING - saved emails showing good performance before I reported issues 2. Had timeline showing retaliation pattern 3. Got statements from 2 coworkers (though this is hard) 4. Clearly explained to ESD that there was no misconduct, just retaliation For your question about filing - file now, don't wait. Each claim has its own benefit year. And definitely upload a separate statement explaining the retaliation aspect in detail. The more documentation you have, the better. BTW if you're struggling to reach someone at ESD to discuss your case during adjudication (which you probably will), I used Claimyr (claimyr.com) to get through to an agent after trying for days. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me hours of frustration when I needed to explain my situation to an actual human.

I work in HR (not giving legal advice). A few important points: 1. Misconduct vs. Performance: For UI purposes, these are very different. Performance issues generally do not disqualify you unless the employer can prove willful disregard of their interests. Simply not meeting expectations is usually NOT disqualifying. 2. New Claim: You absolutely should file a new claim now. The benefit year ending on Oct 15 is for your previous claim. This is a new qualifying event with a different employer. 3. Documentation: Upload a detailed statement explaining the timeline of events. Be specific about when you raised concerns and when the performance issues were suddenly mentioned. Stick to facts rather than emotions. 4. Legal Help: The WA Bar Association has a modest means program where attorneys offer reduced rates: https://www.wsba.org/for-the-public/find-legal-help/moderate-means-program Most importantly: Continue to file weekly claims even during adjudication. If approved, you'll receive back payments for those weeks.

THEY DID THIS TO ME TOO!!!! Fired after I reported a manager for harassment then suddenly I'm "not meeting expectations" when I had PERFECT reviews before. ESD denied me at first but I appealed and won after 12 WEEKS!! The system is RIGGED against workers!!! Just be prepared for your employer to LIE about everything.

you should check out the WA unemployment law project they help people for free sometimes with ui questions https://unemploymentlawproject.org/

To answer your question about income during adjudication - I was in limbo for those 6 weeks. No benefits while they investigated. I picked up some gig work (DoorDash, etc.) but had to report that income on my weekly claims. Once approved, I got backpay for all weeks claimed minus the partial earnings I reported. Make sure you're claiming every week even if you're in adjudication! That's super important. And be prepared that your former employer will likely contest your claim with their version of events. Stay factual in your responses.

One thing no one has mentioned yet - when you're in adjudication, an ESD adjudicator will contact both you and your employer separately to get statements. This is your chance to clearly explain the retaliation situation. Be ready for that call and have your timeline and documentation handy. They'll typically give you a scheduled time for the call. If they can't reach you during that scheduled time, it can significantly delay your claim or even result in a denial based solely on your employer's statement. So keep your phone handy and check your ESD correspondence regularly. Also - you mentioned being a single parent. Make sure to check into other assistance programs like TANF and SNAP while waiting for UI benefits to be approved.