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Emily Jackson

How can I get Washington ESD unemployment if fired from my job?

I was terminated from my warehouse job last Friday and I'm not sure if I can even apply for unemployment benefits. My supervisor said I was let go for performance issues but I think it was really because I complained about unsafe working conditions. Can you still get Washington ESD benefits if you were fired? What do I need to prove to qualify? I'm really stressed about paying my rent next month.

Yes you can definitely get unemployment if fired, but it depends on the reason. Washington ESD looks at whether you were fired for 'misconduct' or just performance/business reasons. If it was performance issues and not willful misconduct, you should qualify. File your claim right away even if you're not sure - they'll investigate and decide.

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Thanks! Should I mention the safety complaint I made or just focus on the performance stuff they said?

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Definitely mention the safety complaint - that could be considered retaliation which would strengthen your case. Keep any documentation you have about those complaints.

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I got fired from my retail job in December and still got approved for benefits. The key is being honest on your application but also explaining your side of the story. Washington ESD will contact your employer to get their version too, then they'll make a decision during the adjudication process.

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How long did the adjudication take for your claim? I'm worried about the wait time.

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Mine took about 3 weeks which was pretty typical from what I've heard. You can check your status online but calling to check is nearly impossible with their phone system.

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Actually there's a service called Claimyr that helps you get through to Washington ESD agents by phone. I used it last month when my claim was stuck in adjudication and it saved me so much frustration. Check out claimyr.com - they even have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Here's what Washington ESD considers when you're fired: 1) Was it misconduct (stealing, violence, drug use)? If yes, you're disqualified. 2) Was it just poor performance or not meeting expectations? If yes, you likely qualify. 3) Was it business reasons (downsizing, budget cuts)? Definitely qualify. Since you mentioned safety complaints, document everything - emails, incident reports, witness statements.

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This is really helpful. I do have some text messages about the safety issues I sent to my coworker. Would those count as documentation?

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Yes absolutely! Screenshots of those texts could be valuable evidence. Also try to remember exact dates and times of when you made the safety complaints.

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DONT EXPECT MUCH FROM WASHINGTON ESD!!! I was fired 2 months ago for 'attendance issues' even though I had doctors notes for most of my absences. Still waiting on my appeal decision. The whole system is designed to deny claims first and ask questions later.

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That's frustrating but don't give up on the appeal process. Medical documentation usually helps your case, especially if your employer knew about your health issues.

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Yeah I submitted all my medical records but who knows if anyone even looked at them. The whole process is a joke.

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same thing happened to my friend, got fired then approved for UI benefits. just be honest and file asap

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Good to know, thanks. I'll file this weekend.

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One important thing - make sure to file your weekly claims even while your initial claim is being reviewed. If you get approved, you'll get back pay for those weeks, but only if you filed the weekly claims. Don't skip this step!

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Oh I didn't know about the weekly claims during review. Thanks for the heads up!

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Ava Kim

Wait I thought you couldn't file weekly claims until your initial claim was approved? Now I'm confused.

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No you can and should file weekly claims even during adjudication. The system will hold payment until your claim is approved, but you need to establish those weeks to get paid for them later.

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Just to add some specifics about misconduct vs performance - Washington ESD defines misconduct as willful or wanton disregard of employer interests, violation of duty, or breach of obligations. Poor performance due to inability or good faith errors typically doesn't count as misconduct. Your safety complaint situation sounds like potential retaliation which would actually work in your favor.

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That's exactly what I was hoping to hear. The timing of my firing right after I complained seems pretty suspicious.

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Document everything with dates and times. If you have any witnesses to your safety complaints or the conditions you reported, get their contact info too.

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I was in a similar situation - fired for 'poor attitude' which was really because I questioned some company policies. Got my benefits approved after a 4-week adjudication period. The key was showing that my behavior wasn't willful misconduct but rather legitimate workplace concerns.

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4 weeks is a long time to wait but at least you got approved. Did you have to do a phone interview?

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Yes, I had a fact-finding interview where they asked about the circumstances of my termination. Be prepared to explain your side clearly and calmly.

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The phone interviews can be hard to schedule because Washington ESD's phones are always busy. That Claimyr service I mentioned earlier also helps with getting through for interviews and hearings if needed.

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My brother got fired from construction job last year and they tried to say it was misconduct but really he just wasn't fast enough for their pace. He got benefits after appealing the initial denial. Sometimes they deny first just to weed out people who won't fight it.

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That's scary that they might deny first. How do you know if you should appeal vs just accepting the denial?

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If you believe you were wrongfully denied, always appeal. You have nothing to lose and the appeal gives you a proper hearing to present your case.

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Been there done that. Got fired from restaurant job for 'not being a team player' aka I wouldn't work unpaid overtime. Still got unemployment because it wasn't actual misconduct. File your claim and let Washington ESD sort it out - that's what they're there for.

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Good point. I guess I was overthinking whether I should even apply.

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Exactly! Don't self-reject. Let them make the decision based on the facts.

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Quick question - do you have to wait a certain amount of time after being fired to apply? Or can you apply immediately?

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You can and should apply immediately. There's no waiting period for filing the initial claim, only potential waiting weeks after approval depending on your situation.

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Thanks, I was wondering about that too. I'll definitely file this weekend then.

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Make sure you also document your job search efforts starting right away. Washington ESD requires you to be actively looking for work and you'll need to log your job search activities. Don't wait until your claim is approved to start looking.

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How many job applications do I need to do per week? I want to make sure I meet the requirements.

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I believe it's 3 job search activities per week minimum, but check the Washington ESD website for current requirements. Activities can include applications, networking, job fairs, etc.

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One thing nobody mentioned - if your claim gets denied initially, you can request all the documents Washington ESD used to make their decision. This includes what your employer told them about why you were fired. Sometimes employers lie or exaggerate to avoid paying higher unemployment taxes.

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That's really good to know. How do you request those documents?

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You can request them through the appeals process or by calling Washington ESD directly. Having those documents helps you prepare your response if you need to appeal.

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Good luck getting through on the phone though. I've been trying to reach them for 2 weeks about my adjudication status with no luck.

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That's exactly why I started using Claimyr - got tired of spending hours trying to get through to an actual person. Worth every penny for the time and frustration it saves.

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UPDATE: I filed my claim Sunday night and already got confirmation that it's in the system. Now just waiting for the adjudication process to start. Thanks everyone for the advice - I feel much more confident about my chances now knowing that getting fired doesn't automatically disqualify you.

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Great job filing quickly! Remember to keep filing your weekly claims even during adjudication. Good luck with the process.

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Hope it goes smoothly for you. The waiting is the worst part but sounds like you have a solid case.

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Thanks again everyone. This forum has been super helpful. I'll update when I hear back from Washington ESD.

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