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Finley Garrett

Got fired can I get unemployment benefits from Washington ESD?

So I got terminated from my job last Friday and I'm not sure if I can file for unemployment. My manager said it was for performance issues but honestly I think they just wanted to get rid of me because I complained about safety violations. I've been working there for 2 years and never had any write-ups before this. Can I still apply for Washington ESD benefits even though I was fired? What do I need to know about the application process?

Yes you can definitely apply! Being fired doesn't automatically disqualify you from unemployment benefits in Washington. The key is whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or deliberate. You should file your claim as soon as possible since there's a waiting period.

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Thanks! I was worried I couldn't even apply. Should I mention the safety complaint I made or just stick to what they said about performance?

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Definitely mention the safety complaint - that could actually help your case if it looks like retaliation. Washington ESD will investigate the circumstances of your termination during adjudication.

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I got fired last year and still got benefits. You just have to be honest about what happened when you file your weekly claim. They'll ask your employer for their side too but don't let that scare you.

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How long did it take for them to decide? I'm worried about how I'll pay rent if this drags on.

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Mine took about 3 weeks for adjudication. Some take longer depending on how complicated the case is.

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The Washington ESD will look at whether your termination was for misconduct connected with work. Simple performance issues, inability to do the job, or personality conflicts usually don't qualify as misconduct. However, if you violated company policy willfully or were insubordinate, that could be different. File your claim online at esd.wa.gov and be completely honest about the circumstances.

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I never violated any policies and I was trying my best with the performance stuff. They just kept changing my goals without telling me.

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That sounds like it could work in your favor. Document everything you remember about the changing goals and any communications you have about the safety issues.

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Just be prepared that if Washington ESD is backed up you might have trouble getting through to talk to anyone. I've been trying to reach them about my claim for weeks and can't get past the busy signal. There's this service called Claimyr that people have been using to actually get connected to Washington ESD agents - check out claimyr.com if you need to talk to someone urgently. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Is that legit? I don't want to get scammed when I'm already stressed about money.

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Yeah it's real, they just help you get through the phone system faster. I used it last month when my claim was stuck in adjudication and finally got to talk to someone who could explain what was happening.

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I've heard good things about Claimyr too. Sometimes you just need to actually talk to a human to get answers about your specific situation.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They'll find any excuse to deny your claim even when you were wrongfully terminated. I got fired for 'attitude problems' which was really just standing up for myself and they still made me fight for 2 months to get benefits.

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That's exactly what I'm afraid of. Did you eventually get approved?

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Yes but only after I appealed and had a hearing. The whole process is designed to wear you down and make you give up.

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Don't listen to the doom and gloom. Most people who are fired for non-misconduct reasons do get benefits. The system isn't perfect but it's not rigged either. Just file your claim, be honest, and if they deny you initially, appeal it. You have rights as a worker.

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Easy to say when you haven't been through the ringer with these people. They denied my claim twice before I finally got approved.

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I've helped several people through the process and most got approved without major issues. Your case might have been more complicated.

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File online ASAP! The sooner you file the sooner your waiting week starts. Even if they have to do adjudication you want to get the process rolling.

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What's a waiting week? Do I not get paid the first week?

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In Washington there's no waiting week anymore, they got rid of that. You can get paid for your first week of unemployment if you're eligible.

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Make sure you save all your documentation - termination letter, any emails, performance reviews, everything. If it goes to adjudication or appeal you'll need proof of what really happened.

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I have some emails about the safety stuff but they only gave me a verbal termination. Should I ask for something in writing?

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Definitely ask for written documentation of your termination. They're supposed to provide that anyway for your records.

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When you file your initial claim, you'll need your Social Security number, employment history for the last 18 months, and information about your most recent employer. The online application will walk you through everything step by step. Don't stress too much about getting every detail perfect - you can clarify things later if needed.

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Do I need pay stubs or will they get that info from my employer?

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They'll get wage information from your employers, but having your own records can be helpful if there are any discrepancies.

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same thing happened to my cousin, he got fired for being late too many times but still got unemployment because they said it wasn't misconduct just poor attendance

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That gives me hope! My situation sounds way less serious than chronic tardiness.

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yeah you should be fine, just file and see what happens

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One more thing about getting through to Washington ESD if you need help - I mentioned Claimyr earlier but seriously, if your claim gets complicated and you can't reach anyone, it's worth trying. I was getting so frustrated calling for hours every day and getting nowhere. Claimyr got me connected in like 10 minutes and the agent was able to explain exactly what was holding up my claim.

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How much does something like that cost though? I'm already tight on money.

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It's reasonable considering the time and stress it saves. Way cheaper than missing rent because you can't get your claim resolved.

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The most important thing is to file your weekly claims every week once you submit your initial application, even while your claim is being adjudicated. If you miss weeks you can lose those benefits permanently.

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Wait, I have to keep filing even before they approve my claim?

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Yes! You file weekly claims for every week you're unemployed and meet the requirements. If they approve your claim later, you'll get back pay for those weeks.

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I went through this whole process last year after getting fired. The adjudication took forever but I eventually got approved and got all my back pay. Just be patient and keep filing your weekly claims like everyone said.

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Did you have to do a phone interview or anything during adjudication?

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They called me once to ask some clarifying questions about what happened, but it wasn't a formal hearing or anything scary. Just be honest.

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Another thing - start looking for work right away and keep a log of your job search activities. Washington requires you to actively look for work to keep getting benefits, and they can ask for your records at any time.

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How many jobs do I need to apply to each week?

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I think it's 3 work search activities per week but check the current requirements on the Washington ESD website since they change sometimes.

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Don't overthink it too much. Millions of people get unemployment benefits after being fired. As long as you weren't stealing or fighting with customers or something really bad, you'll probably be fine.

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Thanks, that's reassuring. I was definitely not doing anything that bad, just struggling with changing expectations.

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Remember that even if Washington ESD initially denies your claim, you have the right to appeal that decision. Many people win on appeal even after being denied initially. Don't give up if the first decision doesn't go your way.

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How long do I have to appeal if they deny me?

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You have 30 days from the date of the determination to file an appeal. Don't wait - file as soon as you get the denial if you disagree with it.

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I work in HR and see this all the time. Performance-based terminations usually don't disqualify people from unemployment unless there was willful misconduct involved. Sounds like you have a good case, especially with the safety complaint angle.

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That's really helpful to hear from someone who sees this from the employer side. Should I be worried about my former employer fighting the claim?

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Some employers do contest claims but if they don't have documentation of willful misconduct, they usually don't have a strong case. Keep your documentation about the safety issues.

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Just wanted to add - if you do end up needing to talk to Washington ESD and can't get through, I also had success with that Claimyr service someone mentioned earlier. Sometimes you just need to actually speak with an agent to get your questions answered, especially during adjudication.

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Good to know there are options if I get stuck. Hopefully I won't need it but it's reassuring to know it's there.

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The whole thing is a pain but it's worth it if you qualify. I got like $450 a week when I was unemployed last year, which was way better than nothing while I looked for a new job.

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That would definitely help me keep up with bills while I job hunt. How long can you collect benefits?

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I think it's up to 26 weeks normally, but there might be extensions available depending on the economy. Check with Washington ESD for current limits.

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Thanks everyone for all the advice! I'm going to file my claim online today and start documenting everything like you suggested. Feeling a lot more confident about this now. I'll update if anything weird happens during the process.

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Good luck! Remember to file those weekly claims even while they're reviewing your case.

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You got this! Don't let them intimidate you - you have rights as a worker.

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