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AstroAdventurer

Got fired can I get unemployment benefits through Washington ESD?

So I just got terminated from my job yesterday and I'm freaking out about bills. My manager said it was due to performance issues but honestly I think they just wanted to get rid of me because I questioned some of their practices. Can I still file for unemployment with Washington ESD if I got fired? I've heard mixed things about whether you can get benefits if you didn't quit voluntarily. I worked there for almost 2 years and never had any written warnings or anything like that. Really need to know if I should even bother applying or if I'm just wasting my time.

Yes, you can definitely apply for unemployment benefits even if you were fired! The key thing Washington ESD looks at is whether you were terminated for 'misconduct.' Performance issues usually don't count as misconduct unless it was willful or you were deliberately not doing your job. Since you didn't have written warnings, that actually works in your favor. Go ahead and file your claim online at esd.wa.gov - the worst they can do is say no, but you have a good chance of getting approved.

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Thanks! That makes me feel better. I was definitely trying to do my job, just maybe not meeting their unrealistic expectations. I'll file today.

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I got fired for performance too and got approved after like 3 weeks. Just be honest when you file and explain your side of things.

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The misconduct standard in Washington is pretty high - they have to prove you willfully violated company policy or were grossly negligent. Poor performance by itself usually doesn't qualify as misconduct. When you file, make sure to explain that you were trying to meet expectations but the standards may have been unclear or unrealistic. Also mention that you had no prior disciplinary actions. Washington ESD will likely contact your former employer to get their side of the story too.

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Good point about explaining my side. Should I mention that I questioned their practices or would that hurt my case?

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Be careful with that. Focus more on your work performance and efforts to meet expectations. Questioning practices could be seen as insubordination depending on how you phrase it.

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Mei Lin

OMG I'm dealing with the same thing right now!! I got fired 2 weeks ago and filed immediately but my claim is still in 'adjudication pending' status. It's so stressful not knowing if I'll get benefits or not. The waiting is killing me and I can't get through to anyone at Washington ESD to check on it. Has anyone found a way to actually talk to a real person there?

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I was in the same boat last month - couldn't get through no matter how many times I called. Then someone told me about this service called Claimyr (claimyr.com) that helps you get through to Washington ESD agents. I was skeptical at first but tried it and actually got connected within like 20 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out if you're desperate to talk to someone.

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Mei Lin

Really? That actually worked for you? How much does it cost? I'm already broke from being unemployed...

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It's worth it when you're stuck in adjudication limbo. Way cheaper than missing rent because your claim is delayed for weeks.

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File ASAP because there's a waiting week and you want to get the process started. Even if your claim gets denied initially, you can appeal. I've seen plenty of people win appeals for terminations that weren't really misconduct. Document everything you can remember about your termination - dates, conversations, any emails, etc. This will help if you need to appeal or if Washington ESD asks for more information during adjudication.

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Good idea about documenting everything. I do have some emails that show I was asking for clarification on my job duties. That should help show I was trying to do well.

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Yes! Keep all that documentation. Washington ESD loves paper trails that show you were engaged and trying to succeed at your job.

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been through this before - washington esd is actually pretty fair about terminations that arent straight up misconduct. if you werent stealing or getting in fights or showing up drunk they usually approve it. the adjudication process just takes forever sometimes especially if your employer contests it

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Do you think my employer will contest it? They seemed pretty eager to get me out the door.

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hard to say but if they fired you for performance they might not contest since theyd have to prove misconduct which is harder than it sounds

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My old employer contested mine even though they fired me for attendance issues that were due to my car breaking down. Some companies just do it automatically.

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Don't let them intimidate you into not filing. I almost didn't apply when I got fired because my boss made it sound like I'd never qualify. Turns out he was wrong and I got benefits for 6 months while I found a new job. The application is pretty straightforward on the Washington ESD website.

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That's exactly what I needed to hear. My manager did make it sound like I wouldn't qualify but I think he was just trying to discourage me.

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Employers say that all the time because they don't want their unemployment taxes to go up. File anyway!

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Make sure you understand the job search requirements too. Once you start receiving benefits you'll need to be actively looking for work and log your job search activities. Washington ESD requires 3 job search activities per week. Don't wait until you're approved to start looking - get ahead of it now.

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Good point. What counts as job search activities? Just applying to jobs or other things too?

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Applying to jobs, networking events, career fairs, informational interviews, even some online training courses. Check the WorkSourceWA website for the full list.

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And keep detailed records! Washington ESD can audit your job search log at any time and if you can't prove you did the activities, they'll make you pay back benefits.

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I hate to be negative but the whole system is so messed up right now. I've been waiting 5 weeks for my adjudication to complete and I'm about to lose my apartment. Even when you do everything right, Washington ESD moves at a snail's pace. The phone system is a joke - you call hundreds of times and either get hung up on or told to call back later.

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Have you tried that Claimyr service someone mentioned earlier? I used it last week when I was frustrated with the phone situation and actually got through. Sometimes you just need to try different approaches.

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I'm getting desperate enough to try anything at this point. I'll check it out.

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Question - if I file and get denied, does that hurt my chances if I apply again later? Like if I get fired from another job?

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No, each claim is evaluated independently. Getting denied for one termination doesn't affect future claims as long as each situation is different.

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That's good to know. I was worried it would create some kind of permanent record.

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Pro tip: when you file your initial claim, be very detailed in your explanation of what happened. Don't just put 'performance issues' - explain the specific circumstances, what you did to try to improve, lack of training, unrealistic expectations, etc. The more context you provide, the better Washington ESD can evaluate whether it was truly misconduct.

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This is really helpful. I was going to keep it brief but you're right that more detail is probably better.

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Yes but don't ramble either. Be detailed but concise and stick to facts, not emotions or opinions about your boss.

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The monetary determination will come first, then the separation determination. Don't panic if you see the monetary one approved but haven't heard about the separation issue yet - they're processed separately. The separation determination is what decides if you actually qualify based on how your employment ended.

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Good to know! I would have thought that meant I was approved for everything.

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Yeah that confuses everyone. The monetary just confirms you earned enough wages to qualify for the benefit amount, but the separation determination is the real decision.

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If you do get approved, make sure you file your weekly claims on time every week. You can do them online starting Sunday for the previous week. Miss a week and you might lose benefits for that period even if you were eligible.

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How do the weekly claims work exactly? Do I need to report job search activities each week?

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Yes, you'll report your job search activities and any work or income you had that week. It's pretty straightforward but don't skip it!

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And be honest about any work you do, even odd jobs. They cross-reference with other databases and getting caught lying can result in fraud charges.

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Just want to echo what others have said - definitely file. I was fired for 'attitude problems' (aka standing up for myself) and got approved after a brief adjudication period. Washington ESD really does try to be fair about these things. Don't let your former employer scare you away from benefits you've earned.

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Thanks for sharing your experience. It really helps to hear success stories like this.

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Same here - got fired for 'not being a good fit' which was basically code for not putting up with their toxic management. Still got approved.

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One more thing - if your claim does go to adjudication (which it might since you were terminated), that doesn't mean you're denied. It just means they need to investigate the circumstances. Try to be patient during this process even though I know it's stressful. Most performance-related terminations get approved eventually.

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How long does adjudication usually take? I'm already worried about next month's bills.

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It varies a lot - anywhere from 2-8 weeks depending on how complex the case is and how busy they are. If you need to talk to them about your case, that Claimyr thing people mentioned might help you get through faster.

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Yeah I tried Claimyr when I was stuck in adjudication and it actually helped me get answers. Beats sitting on hold for hours every day.

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