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Kaiya Rivera

Fired from my job - am I eligible for Washington ESD unemployment benefits?

Got terminated yesterday from my retail job and honestly not sure if I can even apply for unemployment. My manager said it was due to 'performance issues' but I feel like they were just looking for reasons to let me go. I've been working there for about 8 months and never had any formal write-ups or warnings. Can you still get Washington ESD benefits if you were fired? I'm really stressed about how I'm going to pay rent next month.

Yes, you can potentially get unemployment benefits even if you were fired, but it depends on WHY you were fired. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or you ignored repeated warnings.

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That's reassuring. I never got any formal warnings, just vague comments about 'needing to improve' but nothing specific or documented.

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definitely apply anyway, worst case they deny it and you can appeal

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File your claim immediately! Don't wait. Washington ESD will investigate and make a determination. If your employer claims misconduct, you'll have a chance to tell your side during the fact-finding process. Performance issues alone rarely disqualify you unless there's evidence of willful negligence.

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Should I gather any documentation before I file? I have some old performance reviews that were actually positive.

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Yes, keep any positive reviews, emails, or evidence that contradicts their 'performance issues' claim. This will help during fact-finding if they contest your claim.

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I was in a similar situation last year. Got fired for 'attitude problems' but Washington ESD approved my claim because my employer couldn't prove actual misconduct. The key is being honest in your application about why you were terminated, but also explaining your perspective.

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How long did it take for them to make a decision on your claim?

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About 3 weeks total. They had to do fact-finding which added time, but I got approved and received back pay for the waiting period.

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Just went through this nightmare myself. Trying to reach Washington ESD by phone is absolutely impossible - I called over 200 times and kept getting hung up on. Finally found Claimyr (claimyr.com) which actually got me through to speak with an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Totally worth it when you need to check your claim status or get answers about eligibility.

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Is that service free? I'm already tight on money and can't afford to pay for something like that.

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It's not free but honestly saved me weeks of frustration. When you're worried about rent money, getting through to ESD quickly is worth the investment.

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I've heard mixed things about services like that. Has anyone else actually used Claimyr successfully?

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MISCONDUCT is the key word here. Washington ESD defines misconduct pretty narrowly - it has to be willful disregard of employer's interests, violation of company policy, or criminal acts. Poor performance, inability to do the job, or personality conflicts usually don't qualify as misconduct.

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This makes me feel more confident about applying. They never accused me of violating any policies or doing anything intentionally wrong.

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Exactly. If they just said 'performance issues' without specifics, that's usually not misconduct. Make sure to emphasize that in your application.

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dude just file asap, you have nothing to lose and everything to gain. even if they initially deny it you can always appeal

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Yeah you're right, I'm going to file today. Better to try than sit here worrying about it.

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One important thing - be completely honest about the reason for termination when you file. Don't try to make it sound better than it was. Washington ESD will contact your employer anyway and if your stories don't match, that could hurt your case.

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Good point. I'll just say I was terminated for performance issues and explain that I wasn't given clear expectations or formal warnings.

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Perfect approach. Honesty combined with your perspective on the situation is exactly what they want to see.

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The Washington ESD system is so broken. They make it nearly impossible to get through on the phone and their online system crashes constantly. It's like they want people to give up and not collect benefits they're entitled to.

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I hear you on the phone issues. That's actually why I ended up using Claimyr too - couldn't waste entire days trying to get through the busy signals.

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How does that even work? Do they just keep calling for you or something?

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Yeah basically they handle all the calling and get you connected to an actual ESD agent. Way better than spending hours hitting redial.

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I got fired for being late too many times (totally my fault) and still got approved for benefits. The hearing officer said being habitually late was poor performance, not misconduct. Don't assume you're disqualified just because you were terminated.

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That's actually really encouraging. If you got approved for tardiness issues, I should be fine with vague 'performance' complaints.

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Exactly. Performance and misconduct are totally different things in Washington ESD's eyes.

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Make sure you file within the first week of being unemployed. There's no waiting to file and the sooner you apply, the sooner your weekly benefit amount gets established. Even if it takes time to approve, your effective date starts from when you first file.

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Good to know! I was wondering if I should wait a few days to see if they change their mind about firing me.

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No, don't wait. File immediately. If by some miracle they offer your job back, you can always withdraw your claim.

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been there - got 'laid off' but really they just wanted me gone, called it performance. took about a month to get approved but did get it eventually

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A month seems like forever when you have bills to pay. Did you have to do a phone interview or anything?

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yeah had to do fact finding interview, wasnt bad just explained my side of things

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Remember that you'll need to start doing job search activities right away too. Washington ESD requires 3 job search activities per week, so keep track of applications, networking, interviews, etc. Don't let that part slide while waiting for your claim to be approved.

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Thanks for the reminder. I should probably start applying for jobs today anyway, regardless of whether I get unemployment.

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Exactly right. The job search requirement starts immediately, not when your claim gets approved.

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Your employer will probably contest your claim since they fired you. Don't panic if that happens - it just means Washington ESD has to investigate both sides before making a decision. Most 'performance issue' firings end up getting approved for benefits.

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What happens during the investigation? Do they interview both me and my former employer?

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Usually they'll do separate fact-finding interviews with you and your employer to get both sides of the story. Then an adjudicator makes the decision.

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I actually had to use one of those phone services too when my claim got stuck in adjudication hell. Claimyr was pretty helpful - got me through to someone who could actually see what was holding up my claim. Sometimes you just need to talk to a real person instead of guessing what's wrong.

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How much did that cost you? I'm always skeptical of paying for something the government should provide for free.

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I get the skepticism, but when you're waiting weeks for answers and have bills piling up, getting clarity is worth the cost. Plus it's way cheaper than missing rent payments.

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The fact that you weren't given formal warnings or write-ups is huge in your favor. Washington ESD expects employers to follow progressive discipline before terminating someone for performance. If they skipped straight to firing without documentation, that suggests it wasn't really about performance.

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That's a really good point. They never put me on any kind of performance improvement plan or anything formal like that.

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Exactly. Make sure to mention that during any fact-finding interview. Employers can't just say 'performance issues' without showing they tried to help you improve first.

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File online at esd.wa.gov - it's way easier than trying to call. The online application walks you through everything step by step. Just be honest about the termination reason and provide your perspective in the comments section.

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Perfect, I'll do that right now. Thanks for the website reminder.

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No problem. The online system is actually pretty user-friendly compared to their phone system.

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Bottom line - getting fired doesn't automatically disqualify you from unemployment benefits. Performance issues rarely rise to the level of misconduct unless there was willful wrongdoing or repeated policy violations. File your claim and let Washington ESD make the determination.

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Thanks everyone for all the advice and encouragement. I'm going to file my claim today and start job searching. Feeling much more confident about this now.

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Good luck! Most people in your situation end up getting approved, so stay positive and keep us updated on how it goes.

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