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Ivanna St. Pierre

How can you get Washington ESD unemployment if fired from your job?

I got terminated from my retail job last week and I'm not sure if I can even apply for unemployment benefits. My manager 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 rent next month.

Yes you can absolutely get unemployment if fired, but it depends on the reason. Washington ESD will investigate whether you were terminated for 'misconduct' or other disqualifying reasons. Performance issues usually don't disqualify you unless it was willful misconduct.

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What counts as misconduct exactly? I was never written up officially, just verbal warnings about my speed.

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Misconduct has to be willful and substantial. Poor performance due to inability rather than unwillingness typically doesn't disqualify you. The fact you complained about safety issues could actually work in your favor.

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File your claim immediately! Even if your employer contests it, you should still apply. Washington ESD will do an adjudication to determine if you're eligible. During this process, both you and your employer will be contacted for your sides of the story.

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How long does adjudication usually take? I'm already behind on bills.

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Can take anywhere from 2-6 weeks unfortunately. But if you're approved, you'll get back pay from when you filed your initial claim.

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I was in a similar situation last year - got fired for 'attitude problems' but it was really retaliation. Had trouble reaching anyone at Washington ESD to check on my claim status. Found this service called Claimyr (claimyr.com) that actually got me through to a real person. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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How much does that cost? I can barely afford groceries right now.

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It's worth it to get your claim moving. Way better than calling hundreds of times and getting nowhere. Plus if you get approved you'll have steady income again.

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Never heard of that service but honestly anything is better than sitting on hold for hours just to get disconnected.

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DOCUMENT EVERYTHING! Save any texts, emails, or written communication about your termination. If you complained about safety issues, gather evidence of that too. Washington ESD will want to see proof of why you were really fired.

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I have some text messages between me and my coworker about the safety concerns. Would those help?

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Absolutely! Anything that shows you were acting in good faith and not being insubordinate. Screenshots are your friend.

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been there done that... got fired from my warehouse job for 'insubordination' but really i just asked for my legally required breaks. took 3 weeks but washington esd approved my claim. employer tried to fight it but lost

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That gives me hope! Did you have to do anything special during the appeal process?

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just told the truth and provided my documentation. the fact that you complained about safety shows you were looking out for everyone not just causing trouble

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Don't let them intimidate you into not filing! Employers sometimes tell people they can't get unemployment just to discourage claims. Washington ESD makes the final decision, not your former employer.

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My manager did say something like that when I got fired. Makes sense they'd try to discourage people.

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Classic scare tactic. Companies pay unemployment insurance premiums and don't want their rates to go up from claims.

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Key things Washington ESD looks for in misconduct cases: Was it willful? Was it substantial? Did it harm the employer's interests? Poor performance usually doesn't meet these criteria unless you were deliberately sabotaging things.

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What if they claim you violated company policy though?

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Policy violations can be misconduct but it depends on the severity and whether you knew about the policy. Minor infractions typically don't disqualify you.

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File online at esd.wa.gov as soon as possible. You can't get benefits for any weeks you don't file, even if you're eventually approved. The sooner you start the process, the sooner you might see money.

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Already started the application but got confused about some of the questions regarding why I left my job.

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Be honest but stick to facts. Say you were terminated for performance issues but explain your perspective about the safety complaints.

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Also remember you'll need to do job searches while your claim is being adjudicated. Washington ESD requires 3 job search activities per week, so start keeping a log even before your claim is approved.

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Do I need to do job searches even if my claim might get denied?

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Yes, if you're filing weekly claims you need to meet all requirements including job search. Better to be prepared than scramble later.

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My sister went through this exact situation at her restaurant job. Got fired for 'poor customer service' but it was really because she wouldn't work off the clock. Washington ESD approved her claim after about a month of back and forth.

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Did she have to provide any special documentation or just her testimony?

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She had kept screenshots of the group chat where the manager was pressuring everyone to work unpaid. Really helped her case.

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Update on the Claimyr thing - used them again this week to check on a different issue with my claim. Still works great for actually reaching someone at Washington ESD instead of the endless phone tree.

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Is it really that much better than just calling yourself?

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Night and day difference. Regular number I'd call 50+ times and maybe get through once. This actually connects you to real people who can help.

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IMPORTANT: If your employer contests your claim, don't panic! It's super common and doesn't mean you'll be denied. Just means Washington ESD will investigate both sides before making a decision.

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How will I know if they contest it? Do they notify me?

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You'll get a notice in your eServices account and possibly by mail. It will explain the next steps in the adjudication process.

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whatever you do dont give up if they initially deny you. had my claim denied first time around but won on appeal. the appeals process gives you a real hearing where you can tell your side properly

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How long did the appeal take for you?

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about 6 weeks from filing the appeal to getting the hearing scheduled. was stressful but worth it when they overturned the decision

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The safety complaint angle is actually really important. Washington has strong whistleblower protections and firing someone for reporting safety issues could be considered retaliatory termination.

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Should I mention that specifically in my claim or wait for the adjudication interview?

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Mention it in your initial claim for sure. Any evidence that the termination was retaliatory rather than performance-based strengthens your case significantly.

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Pro tip: if you get scheduled for a phone interview as part of adjudication, treat it seriously! Be prepared, have your documents ready, and be completely honest about what happened.

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What kind of questions do they typically ask during those interviews?

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They'll want details about the incidents leading to termination, your work history, any warnings you received, and your version of events. Timeline is important.

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Just remember that being fired doesn't automatically disqualify you. Washington ESD sees tons of contested claims and they're pretty good at sorting out legitimate terminations from employer retaliation.

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That's reassuring. I was worried they'd just automatically side with the employer.

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Nope, they investigate thoroughly. Your complaint about safety issues actually shows you were trying to protect everyone, not cause problems.

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One more thing - keep filing your weekly claims even during adjudication! If you're eventually approved, you'll only get paid for weeks you actually filed. Don't leave money on the table.

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Even if I'm not sure if I qualify yet?

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Absolutely. The worst that happens is you don't get approved. But if you don't file weekly claims and then get approved later, you lose those weeks forever.

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My brother had luck with that Claimyr service too when his claim got stuck in adjudication for weeks. Sometimes you really need to talk to someone to get things moving instead of just waiting.

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I'm definitely considering it if this drags on much longer. The uncertainty is killing me.

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Yeah the waiting is the worst part. At least if you can talk to someone you know what's happening with your case.

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Bottom line - you have every right to file for unemployment when fired, especially if you believe it was unjust. Don't let anyone tell you otherwise. Washington ESD will make the determination based on facts, not your employer's version alone.

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Thank you everyone for all the advice. Feeling much more confident about moving forward with this now.

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Good luck! Keep us posted on how it goes. These situations are way more common than people think.

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Don't forget to keep track of all your job search activities too. Even during adjudication you need to show you're actively looking for work. Use WorkSourceWA or keep a simple spreadsheet.

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Already started tracking my applications. Better safe than sorry.

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Smart approach. Shows Washington ESD you're serious about getting back to work while dealing with this situation.

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