Fired from job - can I still get Washington ESD unemployment benefits?
My manager terminated me yesterday after what they called 'performance issues' but I think it was really because I complained about unsafe working conditions. I've been at this manufacturing job for 2 years with no prior write-ups. Can I still file for unemployment with Washington ESD if I was fired? I'm really stressed about paying my mortgage and need to know if I should apply or if it's pointless. Has anyone been approved after getting fired?
116 comments


Amara Chukwu
Yes, you can still get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will look at whether you were terminated for 'misconduct' or not. Performance issues usually aren't considered misconduct unless they were willful or deliberate. Complaining about safety issues is actually protected activity, so that could work in your favor.
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Liam O'Sullivan
•That's a relief! How do I prove it wasn't misconduct? Should I mention the safety complaint when I file?
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Amara Chukwu
•Definitely mention the safety complaint. Gather any documentation you have - emails, photos of unsafe conditions, witness statements. Washington ESD will contact your employer for their side of the story too.
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Giovanni Conti
I got fired last year and still got approved for UI benefits. The key is being honest on your application about what happened. Don't try to hide that you were terminated.
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Liam O'Sullivan
•Did it take long for them to make a decision? I'm worried about paying rent while they investigate.
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Giovanni Conti
•Mine took about 3 weeks because it went to adjudication. They had to review everything before approving my claim.
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Summer Green
Yes, you can definitely apply! Being fired doesn't automatically disqualify you from Washington ESD benefits. The key is whether you were fired for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were deliberately not doing your job. Safety complaints are protected activity too.
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Amun-Ra Azra
•That's a relief to hear. Should I mention the safety complaint when I file my claim?
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Summer Green
•Absolutely mention it! Retaliation for safety complaints is illegal and Washington ESD needs to know the full context.
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Fatima Al-Hashimi
If you're having trouble getting through to Washington ESD to ask questions about your specific situation, I found this service called Claimyr that helped me reach an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than calling for hours and getting hung up on.
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Liam O'Sullivan
•How much does something like that cost? I'm already worried about money.
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Fatima Al-Hashimi
•It's worth checking out their site for pricing info. For me it was worth it just to get actual answers instead of guessing what would happen with my claim.
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NeonNova
•Never heard of that before but honestly anything beats trying to call Washington ESD directly. Their phone system is a nightmare.
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Dylan Campbell
DONT PANIC! Being fired doesn't automatically disqualify you. I've seen people get approved even when their employer fought it. The important thing is Washington ESD looks at the REAL reason you were fired, not just what your boss claims.
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Liam O'Sullivan
•Thank you, I really needed to hear that. I've been so stressed about this.
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Sofia Hernandez
•Same thing happened to my cousin. Employer said performance but it was really retaliation. She got approved after adjudication.
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Gael Robinson
i got fired last year and still got approved for UI. took like 3 weeks though because they had to investigate
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Amun-Ra Azra
•What did they investigate exactly? Did your employer fight it?
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Gael Robinson
•yeah my old boss tried to say i was stealing time but washington esd didnt buy it. they called me and asked questions
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Edward McBride
File immediately! Don't wait. Even if there's going to be adjudication, you want to get your claim started. I wasted 2 weeks thinking I couldn't get benefits after being fired and it just delayed everything. If you're calling Washington ESD though, good luck getting through - I tried for days.
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Darcy Moore
•Actually, there's this service called Claimyr (claimyr.com) that helps people get through to Washington ESD agents. I used it when I couldn't reach anyone about my adjudication and got connected within an hour. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Amun-Ra Azra
•Is that legit? Sounds too good to be true with how impossible it is to reach them normally.
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Darcy Moore
•I was skeptical too but it actually worked. They basically handle the calling for you and transfer you when an agent picks up. Way better than hitting redial for hours.
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Dmitry Kuznetsov
Make sure you file your claim right away even though you're not sure. You can't get benefits for weeks before you file, so don't wait. The worst they can do is deny it and then you can appeal if you disagree with their decision.
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Liam O'Sullivan
•Good point. Should I file online or try to call them?
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Dmitry Kuznetsov
•File online at secure.esd.wa.gov if you can. It's faster than waiting on hold for hours. You'll need your social security number and employment history.
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Ava Thompson
•The online system actually works pretty well. Just make sure you have all your employer info ready before you start.
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Sofia Hernandez
honestly the whole system is messed up. employers can basically say whatever they want and washington esd believes them half the time. but you should still try because you might get lucky
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Amara Chukwu
•That's not really accurate. Washington ESD investigates both sides and looks for documentation. They don't just take the employer's word for it.
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Sofia Hernandez
•maybe your experience was different but ive seen plenty of people get screwed over by lying bosses
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Miguel Ramos
What kind of performance issues did they claim? If it was attendance or productivity that you couldn't control due to the unsafe conditions, that's important context for your claim.
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Liam O'Sullivan
•They said I was too slow restocking shelves, but honestly the equipment they gave us was broken half the time. That's part of what I complained about.
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Miguel Ramos
•Document that! If you have any photos of the broken equipment or witnesses who saw you struggling with it, that supports your case that the performance issues weren't your fault.
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NeonNova
The safety complaint angle is huge. Washington State has strong protections for whistleblowers. If they fired you for reporting unsafe conditions, that's retaliation and they could get in serious trouble.
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Liam O'Sullivan
•Should I also file a complaint with L&I about the safety issues?
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NeonNova
•That might actually help your unemployment case. Shows you were acting in good faith about legitimate safety concerns.
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Zainab Ibrahim
•Definitely do both. L&I complaint proves the safety issues were real.
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StarSailor
I was in almost the exact same situation last month - fired for 'performance' after I complained about safety stuff. Used that Claimyr service someone mentioned earlier to actually talk to a Washington ESD adjudicator about my case. Turns out they see retaliation cases like this pretty often.
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Liam O'Sullivan
•What happened with your claim? Did you get approved?
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StarSailor
•Still pending but the adjudicator said it looked promising since I had documentation of my safety complaints. She said performance issues right after a complaint is a red flag for retaliation.
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Dana Doyle
OH NO this is my worst fear! What if they say it WAS misconduct?? I'm so paranoid about this stuff. Do they always side with the employer? What if I can't prove the safety complaint? Should I get a lawyer first???
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Summer Green
•Take a deep breath! Washington ESD doesn't automatically side with employers. They investigate both sides. Document everything you can remember about the safety issues and your complaint.
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Dana Doyle
•I'm just so scared of being denied and then having to pay back money or something horrible like that
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Connor O'Brien
Just want to add - when you file your weekly claims, you'll have to report any job search activities. Start looking for work right away even while your claim is being processed. Washington ESD requires job search contacts every week.
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Liam O'Sullivan
•How many job applications do I need to do per week?
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Connor O'Brien
•It varies but usually 3-5 job search activities per week. Can include applications, networking, job fairs, etc. Keep detailed records in case they audit your claim.
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Liam Duke
The Washington ESD system is so broken. They'll probably deny you first just to see if you'll give up. That's what they did to me when I got laid off - can't imagine how much worse it is when you're fired. Bureaucratic nightmare.
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Amun-Ra Azra
•That's not very encouraging... Did you eventually get approved?
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Liam Duke
•Yeah but only after filing an appeal and waiting 2 months. The whole system is designed to wear you down.
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Summer Green
Don't listen to the doom and gloom. Most people who were fired for performance reasons get approved, especially without prior disciplinary action. Washington ESD looks at the specific circumstances. Being fired for inability to do the job isn't misconduct - being fired for refusing to do the job is.
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Amun-Ra Azra
•This makes sense. I genuinely tried to do my job well, I just raised safety concerns that made them uncomfortable.
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Manny Lark
•exactly! whistleblower protection should cover this situation
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Yara Sabbagh
dont stress too much about it. even if they deny your initial claim you can always appeal. the appeal process gives you a chance to present your side to an administrative judge who might see things differently than the initial reviewer
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Liam O'Sullivan
•How long does the appeal process take?
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Yara Sabbagh
•usually a few months but you can request expedited hearing if youre facing hardship. just make sure you appeal within 30 days of any denial notice
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Rita Jacobs
same thing happened to my brother in law except it was a restaurant and he complained about food safety. Got his unemployment approved after they investigated. The employer tried to fight it but washington esd sided with him
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Amun-Ra Azra
•How long did the investigation take?
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Rita Jacobs
•i think it was like 4-5 weeks? but he got backpay for the whole time once approved
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Keisha Johnson
The timing of your firing is suspicious. Right after a safety complaint? That's textbook retaliation. Make sure you emphasize that timeline when you talk to Washington ESD.
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Liam O'Sullivan
•It was literally the next week after I submitted a written complaint to HR. Should I get a lawyer?
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Keisha Johnson
•For unemployment you probably don't need a lawyer yet. But if you're thinking about a wrongful termination lawsuit, that's different. Focus on getting your UI benefits first.
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Edward McBride
Pro tip: when you file your weekly claims, make sure you're actively looking for work and keeping a job search log. Even during adjudication you need to meet the work search requirements. Don't skip this step!
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Amun-Ra Azra
•Good point. How many jobs do I need to apply for each week?
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Edward McBride
•At least 3 job search activities per week. Can be applications, networking, job fairs, etc. Keep detailed records.
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Paolo Rizzo
Question - did anyone witness the unsafe conditions you reported? Having coworkers who can back up your story would really strengthen your case if Washington ESD investigates.
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Liam O'Sullivan
•Yes, my coworker Sarah saw everything and she was worried about the same issues. Think she'd be willing to speak up if needed.
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Paolo Rizzo
•Get her contact information and ask if she'd be willing to provide a statement. Having a witness makes a huge difference in these cases.
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Khalid Howes
I was fired from my last job too (retail, different situation) and got approved. The adjudication process isn't fun but if you were genuinely trying to do your job and got fired for reasons outside your control, you should be fine. Document everything!
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Amun-Ra Azra
•What kind of documentation should I gather?
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Khalid Howes
•Any emails about the safety issues, your complaint, performance reviews if you have them, witness contact info if coworkers saw what happened
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Ben Cooper
File online at esd.wa.gov as soon as possible. Don't overthink it. Answer the questions honestly about why you were terminated. The safety complaint angle should actually help your case since that's protected activity under labor laws.
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Amun-Ra Azra
•Should I mention I think it was retaliation right in the initial application?
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Ben Cooper
•Yes, be upfront about it. Better to give them the full picture from the start than have it come out later during adjudication.
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Gael Robinson
honestly the hardest part is just getting through to talk to someone at washington esd when you have questions. the phone system is terrible
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Naila Gordon
•I heard about that Claimyr thing someone mentioned earlier. Might be worth trying if you need to actually speak to someone. Better than spending your whole day redialing.
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Gael Robinson
•yeah might check that out if i need to call them again
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Cynthia Love
File now, worry later. Even if there's a chance they might deny you initially, you can always appeal. The appeal process actually gives you a better chance to present your case in detail. Don't let fear of denial stop you from applying.
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Amun-Ra Azra
•How long do appeals take?
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Cynthia Love
•Usually 4-6 weeks for a hearing date, but you get backpay if you win. Much better to start the process now than wait.
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QuantumQuest
I hate how employers think they can just fire people who speak up about problems. Good for you for reporting the safety issues even knowing it might cause trouble.
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Liam O'Sullivan
•Thanks. I just didn't want someone to get hurt. The equipment really was dangerous.
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QuantumQuest
•That's exactly the kind of thing Washington ESD wants to hear. You were looking out for everyone's safety, not being difficult.
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Amina Sy
Pro tip: when you file your claim, be very specific about the timeline. Date of safety complaint, date of firing, any meetings or warnings in between. The closer together they are, the more obvious the retaliation becomes.
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Liam O'Sullivan
•Good idea. I should write down everything I remember while it's still fresh in my mind.
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Amina Sy
•Exactly. And if you have any emails or texts about the safety issues, save screenshots of everything.
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Oliver Fischer
Washington ESD actually has pretty good resources on their website about what counts as misconduct vs. just being fired. Worth reading through before you file so you know what to expect.
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Liam O'Sullivan
•I'll check that out. Do you remember what section of their website?
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Oliver Fischer
•Look under the eligibility requirements section. They have examples of what does and doesn't qualify as misconduct.
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Natasha Petrova
One more thing - if your claim goes to adjudication, don't panic if it takes a few weeks. That's normal for cases where there's a dispute about the reason for termination. Washington ESD has to investigate thoroughly.
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Liam O'Sullivan
•What happens during adjudication? Do they call me?
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Natasha Petrova
•They might call you, your employer, or both. They'll ask for your side of the story and any documentation you have. Be honest and stick to the facts.
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Fatima Al-Hashimi
•That's actually when Claimyr really helped me - they got me connected to the adjudicator directly so I could explain my situation properly instead of just waiting for them to call.
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Javier Morales
Really hoping this works out for you. It's not right that employers can retaliate against people for trying to keep everyone safe. Keep us updated on how your claim goes!
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Liam O'Sullivan
•Thank you so much everyone. I feel a lot more confident about filing now. I'll definitely update once I hear back from Washington ESD.
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Emma Davis
•Good luck! You did the right thing reporting those safety issues.
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Darren Brooks
This is why I always tell people to document EVERYTHING at work. You never know when you might need it for unemployment or other legal issues. Hope it works out for you!
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Amun-Ra Azra
•I wish I had been better about keeping records. Live and learn I guess.
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Darren Brooks
•Even if you don't have perfect documentation, your testimony still matters. Write down everything you can remember while it's fresh.
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Rosie Harper
Similar situation happened at my workplace last year. Person complained about safety violations, got fired two weeks later for 'attitude problems.' They fought it and won unemployment plus filed a complaint with L&I. Sometimes standing up is worth it.
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Amun-Ra Azra
•Should I file a complaint with L&I too?
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Rosie Harper
•If there were actual safety violations, yes. That creates a paper trail that supports your unemployment claim too.
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Elliott luviBorBatman
whatever you do dont mention the claimyr thing to washington esd when you talk to them, they probably dont like that people use services to get through their phone system lol
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Darcy Moore
•I never mentioned it and the agent was perfectly normal. They don't care how you reached them, just that you need help with your claim.
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Elliott luviBorBatman
•fair enough, just seemed like something they might not appreciate
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Demi Hall
The key thing is Washington ESD has to prove misconduct, not the other way around. Being fired for performance when you were genuinely trying isn't misconduct. Being fired for safety complaints definitely isn't misconduct. You should be approved.
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Amun-Ra Azra
•This gives me more confidence. I was really trying to do my job well and the safety issues were legitimate concerns.
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Demi Hall
•Exactly. Misconduct requires willful disregard of employer's interests. Safety complaints are actually in everyone's interest.
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Mateusius Townsend
Update us on how it goes! Always curious to hear how these cases turn out. Sounds like you have a strong case based on the circumstances you described.
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Amun-Ra Azra
•Will do! Thanks everyone for the advice and encouragement. Going to file my claim today.
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Mateusius Townsend
•Good luck! Remember that even if it goes to adjudication, that's totally normal for fired employees. Don't panic if it takes a few weeks.
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Kara Yoshida
Just want to add that you should start your job search immediately even if your claim is pending. The work search requirements apply from week one, and it shows good faith if your case gets reviewed.
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Amun-Ra Azra
•Already started looking! Hopefully I can find something soon and won't need benefits for long.
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Kara Yoshida
•That's the right attitude. Unemployment is meant to be temporary bridge while you find new work.
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Philip Cowan
One more thing - make sure you register with WorkSource Washington if you haven't already. It's required for unemployment benefits and actually has some decent job resources.
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Amun-Ra Azra
•Thanks for the reminder! I'll do that right after filing my claim.
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Philip Cowan
•Perfect. The sooner you get all the requirements handled, the smoother your claim process will go.
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