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Destiny Bryant

Fired for tardiness can I get unemployment benefits from Washington ESD?

So I got terminated last Friday for being late too many times over the past couple months. My boss said it was for attendance issues and they had documentation going back about 6 weeks. I wasn't like hours late or anything, mostly 10-15 minutes here and there because of bus delays and some personal stuff going on. Can I still file for unemployment with Washington ESD or am I screwed? I really need the income while I look for another job. Has anyone been in a similar situation with tardiness issues?

You can definitely apply for unemployment benefits even if you were fired. Washington ESD will review your case to determine if the termination was for 'misconduct' or not. Being late occasionally might not qualify as misconduct, especially if there were legitimate reasons like transportation issues. The key is whether your employer can prove it was willful and substantial misconduct.

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That's encouraging. Should I mention the bus delays and personal issues when I file my claim?

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Yes, absolutely provide all the context. Washington ESD wants to hear your side of the story during the adjudication process.

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File ASAP! Even if they deny you initially, you can always appeal. I was fired for attendance and got approved after explaining my situation. Washington ESD looks at the whole picture, not just what your employer says.

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How long did the whole process take for you? I'm worried about paying rent next month.

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About 3 weeks total including the adjudication. But I had to call them multiple times to check on status.

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If you're having trouble getting through to Washington ESD by phone, I found this service called Claimyr that helped me connect with an actual agent. They have a video that explains how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of busy signals when I needed to discuss my disqualification issue.

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Is that one of those services that charges you? I'm already strapped for cash.

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Yeah there's a fee but honestly it was worth it to actually talk to someone at Washington ESD instead of getting hung up on constantly. Check out claimyr.com for details.

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tardiness is usually not considered misconduct unless it was really excessive or you ignored warnings. sounds like you had legitimate reasons too. definitely file your claim online at esd.wa.gov

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I did get a couple written warnings but they were pretty recent. Does that hurt my case?

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not necessarily. Washington ESD will look at whether you had a chance to correct the behavior and if the warnings were reasonable

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This is exactly why I hate at-will employment. Companies can fire you for anything and then you have to fight for basic benefits. The whole system is rigged against workers.

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While I understand the frustration, Washington ESD actually has pretty worker-friendly policies compared to some states. The misconduct standard is fairly high.

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Maybe, but you still have to prove your case while struggling to pay bills. It's backwards.

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Same thing happened to my cousin last year. She was late because of childcare issues and got fired. Washington ESD approved her claim after she explained the situation during a phone interview.

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That gives me hope! Did she have to provide any documentation about the childcare issues?

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I think she just explained it verbally during the interview. They seemed to understand that sometimes life happens.

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Make sure when you file your initial claim that you're completely honest about why you were terminated. Don't try to hide it or make it sound better than it was. Washington ESD will contact your employer anyway, so consistency is key.

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Should I mention that I was dealing with some family issues that affected my schedule?

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Yes, provide that context. Personal circumstances that affect work attendance can be relevant to the misconduct determination.

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Ev Luca

ugh been there. got fired for being late when my car broke down and couldn't afford to fix it right away. still got unemployment though so don't give up

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How did you explain the car situation to them?

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Ev Luca

just told them the truth during the phone interview. they understood that sometimes you can't control transportation issues

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If your claim goes into adjudication (which it probably will since you were fired), be prepared for it to take 2-4 weeks. During that time, keep filing your weekly claims even though you won't get paid yet. That's really important.

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What happens if I forget to file a weekly claim during adjudication?

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You could lose benefits for those weeks, so definitely don't skip them. Set a reminder on your phone or something.

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The fact that you were only 10-15 minutes late is actually good for your case. That's not the kind of excessive tardiness that usually qualifies as misconduct. Plus transportation issues are often considered beyond your control.

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That makes me feel better. I was worried that any tardiness would automatically disqualify me.

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Nope, Washington ESD looks at the severity and circumstances. Minor lateness with good reasons is different from showing up hours late with no excuse.

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File your claim today if you haven't already. Even if there's a chance of denial, you want to get the process started. The sooner you file, the sooner you'll know where you stand.

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I'm planning to file tonight. Is there anything specific I should prepare beforehand?

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Have your employment dates, reason for separation, and wage information ready. The online application will ask for all that.

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If Washington ESD denies your initial claim, don't panic. You have 30 days to file an appeal and many people win on appeal even after being denied initially.

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Is the appeal process complicated? Do I need a lawyer?

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You can represent yourself in most cases. The appeal hearing is usually over the phone and you just explain your side of the story.

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Another tip - when you're doing your job search requirements, keep detailed records. Washington ESD requires 3 job search activities per week and they do audit people sometimes.

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What counts as a job search activity?

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Applying for jobs, networking events, career fairs, informational interviews. There's a full list on the Washington ESD website.

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honestly the worst part about getting fired is the stress of not knowing if you'll get benefits. just remember that most people who apply do get approved, especially for minor issues like occasional tardiness

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That's reassuring. I've been losing sleep over this whole situation.

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totally understand. try to stay positive and focus on job searching while you wait for the decision

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Just remembered - if you need to speak with Washington ESD about your claim status or have questions, that Claimyr service I mentioned earlier really does work. Much easier than trying to call directly.

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How does it work exactly? Do they just call for you?

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They help you get through to an actual person at Washington ESD. Way better than spending hours on hold or getting disconnected.

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I got fired for attendance issues about 2 years ago and Washington ESD approved my claim. Key is being honest and explaining any circumstances that were beyond your control.

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Did your employer fight the claim or just let it go?

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They responded to Washington ESD's inquiry but didn't really fight it hard. I think they knew the tardiness wasn't that serious.

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Make sure you understand the difference between 'misconduct' and just being a poor fit for the job. Minor tardiness usually falls into the latter category, which doesn't disqualify you from benefits.

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That's a good point. I was generally a good employee otherwise, just had these attendance issues.

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Exactly. Washington ESD considers your overall work history, not just the reason for termination.

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Bus delays are definitely a legitimate reason for occasional tardiness. I'd emphasize that in your claim - shows it wasn't intentional or willful on your part.

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Should I try to get documentation from the bus company about delays?

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Probably not necessary unless Washington ESD specifically asks for it. Your testimony should be sufficient.

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Whatever you do, don't let this discourage you from filing. I see too many people assume they won't qualify and never even try. Washington ESD is pretty fair about these situations.

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Thanks for the encouragement. I'm definitely going to file tonight.

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Good! And remember, even if there's a delay, you'll get back pay for all the weeks you were eligible once approved.

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One more thing - when you file your weekly claims, be completely accurate about any work or income. Even small amounts need to be reported or you could face overpayment issues later.

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I'll keep that in mind. Right now I'm focused on just getting the initial claim filed.

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Smart approach. Take it one step at a time and don't overthink it.

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Final thought - if you do run into issues reaching Washington ESD during your claim process, seriously consider using Claimyr. It's at claimyr.com and they have a demo video that shows exactly how it works. Saved me so much frustration.

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I might need that if my claim goes into adjudication. Thanks for the tip!

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No problem. Hope everything works out for you!

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I was in a very similar situation last year - got fired for being late about 10-15 minutes several times due to my elderly mother's medical appointments that I had to drive her to. Washington ESD approved my claim after I explained the circumstances during the phone interview. The key thing is that occasional tardiness for legitimate reasons like transportation issues or family emergencies usually doesn't meet the "willful misconduct" standard. Make sure to file your claim ASAP and be completely honest about the bus delays and personal issues when you explain your situation. Even if your employer provided documentation of the tardiness, Washington ESD will consider your side of the story and the underlying reasons. Don't let this discourage you - you have a good chance of getting approved!

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This is really helpful to hear from someone who went through almost the exact same thing! The fact that you had legitimate family reasons and still got approved gives me a lot of hope. I'm dealing with some family stuff too on top of the bus issues, so it sounds like Washington ESD really does look at the whole picture. Thanks for sharing your experience - it makes me feel much more confident about filing my claim tonight.

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I went through something similar about 8 months ago - got terminated for tardiness issues that were mostly due to childcare complications when my babysitter would cancel last minute. I was typically 15-20 minutes late maybe once or twice a week. Washington ESD approved my claim after about 3 weeks of adjudication. During the phone interview, they asked detailed questions about why I was late and whether I had tried to resolve the issues. I explained the childcare situation and that I had been actively looking for more reliable care. The key thing that seemed to help was showing that the tardiness wasn't intentional or due to negligence on my part. Your bus delays and personal issues sound like legitimate circumstances that were beyond your control. Definitely file your claim and don't get discouraged if it takes a few weeks - the back pay will cover all the weeks you're eligible for once approved.

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Thank you so much for sharing your experience! It's really reassuring to hear from someone who had a similar situation with childcare issues. The fact that you were late once or twice a week and still got approved after explaining the circumstances gives me hope. I'm dealing with both bus delays and some family situations that were making it hard to get to work on time consistently. It sounds like Washington ESD really does understand that sometimes life happens and these things are genuinely beyond our control. I'm planning to be very detailed and honest about my situation during the phone interview when it comes up. Thanks again for the encouragement about the back pay too - that takes some of the financial pressure off knowing I won't lose those weeks if I do get approved.

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I went through a very similar situation about 6 months ago - got fired for attendance issues that were mostly due to public transit delays and some family medical emergencies I was dealing with. I was usually about 10-20 minutes late a few times per month, nothing excessive. Washington ESD approved my claim after about 2.5 weeks of review. The adjudicator I spoke with during the phone interview was really understanding when I explained that the tardiness was due to circumstances largely outside my control. She asked if I had communicated with my employer about the transportation issues and if I had tried to find solutions, which I had. The key things that seemed to help my case were: 1) The tardiness wasn't extreme (not hours late), 2) There were legitimate external factors causing it, and 3) I had been a good employee otherwise. Your situation with bus delays and personal issues sounds very similar to mine. Definitely file your claim right away - even if your employer contests it, Washington ESD will give you a fair hearing to explain your side. Don't let the stress get to you too much, most people in situations like ours do get approved once they can tell their story.

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This is exactly what I needed to hear! Your situation sounds almost identical to mine - the 10-20 minute delays due to transit issues and family stuff, and being a good employee otherwise. It's so reassuring to know that Washington ESD actually listens to the full story and considers external circumstances. I was really worried they'd just see "fired for tardiness" and automatically deny the claim. The fact that you got approved in under 3 weeks gives me hope that this process might not drag on forever. I've been losing sleep worrying about how I'm going to pay my bills, but knowing there's a good chance of approval if I'm honest about my situation makes me feel much better. Thanks for breaking down what helped your case - I'll make sure to emphasize those same points when I have my interview. Really appreciate you taking the time to share your experience!

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