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Mason Stone

Got terminated from my job - can I still get Washington ESD unemployment benefits if fired?

I was let go from my retail job last week for what they called 'performance issues' but honestly I think it was just because they wanted to cut costs. My manager said I wasn't meeting sales targets but I was never formally written up or put on any improvement plan. Can I still file for unemployment with Washington ESD if I was fired? I've heard mixed things about whether you can collect UI benefits when you're terminated vs when you quit. Really stressed about this because I need to pay rent next month.

Yes, 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 just regular performance issues. Being fired for not meeting sales goals usually isn't considered misconduct unless you were deliberately not doing your job.

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That's a relief! Should I mention that I was never formally disciplined when I file my claim?

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Absolutely. Document everything - the fact that you had no written warnings, no progressive discipline, nothing like that. It shows the firing wasn't for willful misconduct.

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I went through something similar last year. Washington ESD approved my claim even though I was terminated. The key is whether it was misconduct vs just not being a good fit for the role. Performance issues usually don't disqualify you unless there's evidence you were deliberately not doing your job or violating company policies.

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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 for me, but that was because my employer contested it. If yours doesn't fight it, could be faster.

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Just went through this nightmare myself. Filed my claim 6 weeks ago and it's been stuck in adjudication hell ever since. Can't get through to anyone at Washington ESD no matter how many times I call. The phone system just hangs up on you after being on hold forever.

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Have you tried using Claimyr? I found them online at claimyr.com and they actually got me through to a real person at Washington ESD. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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The Washington ESD system is designed to help people who lose their jobs through no fault of their own. Being fired for poor performance generally falls under that category unless there was serious misconduct involved like stealing, violence, or repeatedly violating clear policies after warnings.

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What counts as 'serious misconduct' exactly? I want to make sure I understand.

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Things like theft, harassment, being drunk/high at work, insubordination after warnings, or willfully violating safety rules. Missing sales targets isn't misconduct.

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ugh this is so frustrating!! I was fired 2 months ago and STILL waiting for my first payment. Washington ESD keeps asking for more documentation and I can never reach anyone to explain what they need. This system is broken.

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Same boat here. Filed in November and still getting the runaround. At this point I'm behind on everything.

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Have you tried contacting your state representative's office? Sometimes they can help push things along when Washington ESD isn't responding.

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When you file your claim, be honest about being terminated but emphasize that it was performance-related, not misconduct. Washington ESD will contact your employer to get their side of the story. If they don't respond or can't prove misconduct, you'll likely be approved.

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Should I be worried about my employer contesting my claim? They seemed pretty unhappy when they fired me.

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Some employers contest everything automatically, others don't bother. Either way, if you were fired for performance and not misconduct, you should win.

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My employer contested mine and I still got approved. Just took longer to get through the adjudication process.

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Pro tip: when you file your initial claim online, there's a section where you can explain the circumstances of your job separation. Use that space to clearly state it was performance-related and that you received no prior disciplinary actions.

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Good to know! I haven't filed yet so I'll make sure to be detailed in that section.

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Yes! And keep records of everything - your termination letter, any emails, performance reviews if you have them.

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Been there. Got fired from my warehouse job for 'attendance issues' but really they were just cutting staff. Washington ESD approved my claim within 2 weeks. The key is proving it wasn't willful misconduct on your part.

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That gives me some hope. Did your employer try to fight it?

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Nope, they didn't contest it. I think they knew they didn't have a strong case for misconduct.

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Just remember you still have to do your weekly claims and job search requirements even while your initial claim is being reviewed. Don't skip those or it could cause problems later.

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Wait, I have to start looking for work before my claim is even approved?

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Yes, the job search requirement starts right away. You need to log at least 3 job search activities per week in WorkSourceWA.

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This is correct. I made the mistake of not doing job searches during adjudication and it delayed my benefits even more.

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Anyone else having trouble with the WorkSourceWA website? I can log in but when I try to record my job searches it just spins forever. So frustrating when you're required to use it.

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Try using a different browser or clearing your cache. The site is pretty glitchy but it usually works eventually.

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I've had better luck accessing it early in the morning before everyone else is trying to use it.

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If Washington ESD denies your claim initially, don't give up! You can appeal the decision. I was denied at first but won my appeal hearing. The judge understood that poor performance isn't the same as misconduct.

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How long does the appeal process take if it comes to that?

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Mine took about 6 weeks from filing the appeal to getting the hearing scheduled. But I got backpay for all the weeks I was denied.

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File your claim ASAP! There's a waiting week before benefits start, and the sooner you file the sooner that clock starts ticking. Even if you're not sure if you qualify, it's better to apply and let Washington ESD make the determination.

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Good point. I was hesitating because I wasn't sure if I'd qualify, but I should just go ahead and file.

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Exactly. The worst they can do is say no, but if you don't apply you definitely won't get anything.

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Had a similar situation last year - got 'laid off' but really it was because they didn't like my attitude according to my supervisor. Still got approved for benefits because they couldn't prove I did anything wrong. The system actually works sometimes!

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That's encouraging! I was worried they'd just take my employer's word for it.

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Nope, they actually investigate. They called me for an interview and asked detailed questions about what happened.

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Word of advice - if Washington ESD calls you for a fact-finding interview about your termination, answer the phone! I missed their call and it delayed my claim for weeks trying to reschedule.

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Do they call from a specific number or could it be any number?

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It usually shows up as 'Washington State' or the actual ESD number, but sometimes it's just a random Olympia area code. I'd answer any call while your claim is pending.

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This is why I used Claimyr to get through when I needed to talk to them. Having a direct connection saved me so much stress about missing important calls.

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Make sure you understand the difference between being fired 'for cause' vs being terminated for business reasons. Poor performance usually falls under business reasons unless there was clear policy violations.

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How do I know which category my situation falls into?

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Look at your termination paperwork. If they mention specific policy violations or disciplinary actions, that's 'for cause'. If it's vague performance language, probably not.

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Don't stress too much about it. Washington State generally sides with the worker unless there's clear evidence of misconduct. Being bad at sales isn't misconduct - it's just not being a good fit for the job.

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Thanks, that helps calm my nerves a bit. I was really worried I wouldn't qualify.

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Yeah, the bar for misconduct is actually pretty high. You basically have to do something obviously wrong on purpose.

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If you're having trouble reaching Washington ESD after you file your claim, don't wait weeks like I did. I found out about Claimyr through a friend and wish I'd used it sooner. Being able to actually talk to someone at ESD made all the difference in getting my issues resolved quickly.

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Several people have mentioned that service. Is it really that much better than calling directly?

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For me it was night and day. Went from never getting through to talking to an ESD rep the same day. Check out their demo video to see how it works.

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One more thing - make sure you're prepared for the potential tax implications. Unemployment benefits are taxable income, so you might want to have taxes withheld or set money aside for tax season.

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Oh I hadn't thought about taxes. Can I have them withhold taxes automatically?

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Yes, when you set up your benefit payments you can choose to have federal and state taxes withheld. It's usually 10% federal and whatever your state rate is.

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Bottom line - file your claim, be honest about what happened, keep looking for work, and don't let anyone tell you that you can't get benefits just because you were fired. Performance issues are not misconduct in Washington State.

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Thanks everyone for all the advice! I'm going to file my claim today and see what happens.

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Good luck! Most people in your situation do get approved, so try not to worry too much about it.

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