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Philip Cowan

How do you get unemployment if you get fired - Washington ESD eligibility questions

So I got let go from my job last Friday and I'm trying to figure out if I can even get unemployment benefits through Washington ESD. My manager said it was due to 'performance issues' but honestly I think they just wanted to get rid of me because I complained about unsafe working conditions. I've been paying into the system for 8 years so I should be eligible right? Do I need to prove I was wrongfully terminated or does Washington ESD just automatically approve claims when you get fired? I'm really stressed about this because I have rent due next week and no idea how long this process takes.

You can definitely get unemployment if you were fired, but it depends on WHY you were fired. Washington ESD will look at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were willfully not doing your job. File your claim ASAP - you can do it online at esd.wa.gov.

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Thanks! So performance issues aren't considered misconduct? That's a relief. I was definitely trying to do my job, just had some struggles with the new software system they implemented.

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Yeah performance issues are different from misconduct. Misconduct is like stealing, fighting, or deliberately violating company policy. Being bad at your job isn't misconduct.

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File your claim today if you can. Washington ESD takes forever to process claims and you don't get paid for the first week anyway (waiting week). The sooner you file, the sooner you might start getting benefits. You'll need to do weekly claims every week too.

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What's a waiting week? I've never filed for unemployment before so this is all new to me.

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The waiting week is the first week of your claim - you don't get paid for it even if you're approved. It's just how the system works in Washington.

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Actually I think they got rid of the waiting week during COVID and never brought it back? Not 100% sure though.

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I went through something similar last year. My employer said I was fired for 'attitude problems' but Washington ESD still approved my claim. They'll probably contact your employer to get their side of the story, but if it's just performance stuff you should be fine. Just be honest on your application about why you were terminated.

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Did your employer try to fight it? I'm worried my manager might try to make it sound worse than it was.

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They did submit some paperwork but Washington ESD still sided with me. The adjudication process took about 3 weeks though, which was stressful.

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Honestly the hardest part isn't getting approved, it's actually getting through to Washington ESD when you need help. I spent literally hours on hold trying to get someone on the phone. If you run into issues, there's this service called Claimyr (claimyr.com) that will call for you and get you connected to an actual person. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ. Saved me so much frustration.

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Interesting, I've never heard of that. Do they charge a lot for it?

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I don't remember the exact cost but it was worth it to actually talk to someone instead of sitting on hold forever. Way less stressful than trying to call Washington ESD directly.

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I used Claimyr too when my claim got stuck in adjudication. Much better than the endless busy signals you get calling Washington ESD yourself.

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Just want to clarify something - there's no waiting week anymore in Washington. They eliminated it permanently in 2020. So if you get approved, you'll get paid for your first week of unemployment.

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Oh thanks for the correction! I filed my claim back in 2019 so I guess I'm behind on the current rules.

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Good to know! Every bit of money helps right now.

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Make sure you start looking for work right away and keep track of your job search activities. Washington ESD requires you to make at least 3 job search contacts per week and you have to report them when you file your weekly claims.

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3 per week? That seems like a lot. What counts as a job search contact?

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Applying for jobs, contacting employers directly, going to job fairs, networking events. You need to keep a log with details about each contact.

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You can also use WorkSourceWA.com to search for jobs - that's Washington's official job site and the activities on there count toward your job search requirements.

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ugh the whole system is such a mess. I got fired from my job and it took Washington ESD like 2 months to approve my claim. Then they said I had to pay back some money because of some stupid technicality. Good luck dealing with their incompetent staff.

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2 months?? I really hope mine doesn't take that long. Did you ever figure out what the technicality was about?

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Something about not reporting some part-time work I did. Even though I thought I reported it correctly. Their system is just confusing.

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Don't let the negative stories scare you. Most claims get processed much faster than that, especially if it's straightforward like yours sounds. The key things are: 1) File immediately, 2) Be completely honest about why you were fired, 3) Start your job search right away, 4) File your weekly claims on time every week.

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Thanks for the reassurance. I'm going to file my claim today. Should I mention the safety concerns I raised or just stick to what they said about performance?

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Be honest about everything. If you think you were fired in retaliation for raising safety concerns, that's actually important information that could help your case.

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Quick question - do you have to be actively looking for work during adjudication or only after you're approved? I'm in a similar situation and wasn't sure about the timing.

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You should start looking right away. Even if your claim is still being reviewed, you need to be able to show you're actively seeking work.

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Yes, the job search requirement starts immediately when you file, not when you get approved.

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I had a similar experience where my employer claimed I was fired for cause but Washington ESD approved my benefits anyway. The unemployment office sees through a lot of the BS excuses employers give. Just be prepared to wait - even 'fast' claims take at least a week or two to get processed.

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A week or two I can handle. It's the horror stories about months that worry me.

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Those usually happen when there are complications or the person doesn't respond to requests for information quickly. Stay on top of your claim and check your account regularly.

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One more tip - make sure you have all your employment information ready when you file. You'll need dates of employment, your employer's address, your wages, etc. Having everything organized will make the process smoother.

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Good point. I should dig out my last pay stub and get all that info together before I start the application.

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Does anyone know if you can file online over the weekend or do you have to wait until Monday? I got fired on Friday too and want to file ASAP.

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You can file online 24/7 at esd.wa.gov. Don't wait until Monday - file as soon as you can.

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Yeah I'm planning to do it today. No point in waiting.

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Just remember that getting fired doesn't automatically disqualify you from unemployment. The burden is on your employer to prove you committed misconduct. Performance issues, personality conflicts, or even minor mistakes usually don't rise to that level.

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That's really helpful to know. I was worried they could just say I was a bad employee and that would be enough to deny my claim.

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Update on the Claimyr thing - I just remembered they also helped me when I had questions about my weekly claim filing. Sometimes you need to talk to someone to clarify the requirements and it's impossible to get through to Washington ESD directly. Having that option saved me a lot of stress.

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How long did it take them to get you connected to Washington ESD?

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Usually within a few hours. Way better than spending all day hitting redial on the Washington ESD phone number.

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Filed my claim 3 weeks ago after getting fired and just got approved yesterday! Don't give up hope - the process works, it just takes time. Now I have to figure out this weekly claim thing but at least I know I'll have some income coming in.

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Congratulations! That gives me hope. Were you fired for performance issues too?

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Sort of - they said I wasn't meeting expectations but I think it was really because I requested accommodations for my disability. Washington ESD approved it anyway.

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Make sure you appeal if they deny your claim for any reason. A lot of people give up after the initial denial but you have rights. The appeal process can overturn wrongful denials.

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Good to know. Hopefully I won't need to appeal but I'll keep that in mind if something goes wrong.

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This whole thread is making me feel better about my situation. Got fired last month and was too embarrassed to file for unemployment. Sounds like I should have done it right away instead of trying to tough it out.

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File today! You can backdate your claim to when you lost your job. Don't let pride keep you from benefits you've earned through your work history.

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Definitely file! I felt the same way but realized I've been paying into this system for years. It's there for situations like this.

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One thing nobody mentioned - if your claim gets approved, you'll get a debit card in the mail for your benefits. Don't throw it away thinking it's junk mail! I almost did that and would have had to wait weeks for a replacement.

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Thanks for the heads up! I'll watch for that if my claim gets approved.

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The safety complaint angle might actually help your case. Washington has strong protections for workers who report safety violations. If you can show you were fired in retaliation for raising legitimate safety concerns, that could strengthen your unemployment claim.

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I documented everything in emails so I have proof of the safety issues I raised. Hopefully that will help if Washington ESD needs to review the circumstances.

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Bottom line - file your claim, be honest, keep looking for work, and don't let your employer intimidate you. The unemployment system exists to help people who lose their jobs through no fault of their own. Performance issues usually fall into that category.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim right now and start my job search. This thread has been incredibly helpful!

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