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Freya Johansen

How to get Washington ESD unemployment if fired - chances of approval?

So I got terminated from my retail job last week for what they're calling 'attendance issues' but honestly I think it was retaliation for complaining about unsafe working conditions. My manager documented a couple late arrivals but nothing major. I've been working there for 2 years with mostly good reviews. Can I still file for unemployment benefits through Washington ESD even though I was fired? What are my chances of getting approved? I really need the income while I look for another job.

You can absolutely file for unemployment even if you were fired. Washington ESD will investigate whether your termination was for 'misconduct' or not. Attendance issues alone don't automatically disqualify you unless they were severe or you ignored multiple warnings. The key is whether your actions were willful and substantial misconduct connected to your work.

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That's reassuring. They did give me a couple verbal warnings about being late but I was only like 10-15 minutes late a few times over several months.

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Yeah that doesn't sound like misconduct to me. I was fired for similar reasons and still got my benefits approved.

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File your claim right away at esd.wa.gov. Don't wait! Your employer will have a chance to respond and provide their side of the story. Washington ESD will make a determination based on all the evidence. Since you mentioned retaliation for safety complaints, definitely include that information in your initial claim.

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Should I mention the retaliation thing in the application or wait until they ask for more details?

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Include it in your initial application. The more context you give Washington ESD upfront, the better they can evaluate your case.

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I was in a similar situation last year and had trouble getting through to Washington ESD when they needed more information about my firing. If you run into that problem, I found this service called Claimyr at claimyr.com that helped me get connected to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made the whole process way less stressful.

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How much does something like that cost? I'm already tight on money being unemployed.

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It's worth checking out their site for details, but for me it was worth it to avoid spending hours on hold trying to reach Washington ESD.

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The attendance thing might hurt you depending on how they documented it. Did you have any legitimate reasons for being late? Medical issues, transportation problems, etc? Washington ESD considers whether the tardiness was within your control.

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A couple times it was because my bus was late due to weather, and once I had a childcare issue. I did explain these to my supervisor when they happened.

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Those sound like reasonable circumstances. Make sure to document all of that when you file your claim.

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ugh the whole system is so unfair. employers can basically make up any reason to fire you and then fight your unemployment claim. i got denied first time around even though my firing was total BS

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Did you appeal the denial? I'm worried about that happening to me too.

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yeah i did appeal and eventually won but it took months. washington esd is so slow with everything

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File ASAP but be prepared for your claim to go into adjudication while they investigate the circumstances of your termination. This can take several weeks. Keep looking for work and document your job search activities in case you need to provide that information later.

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What exactly is adjudication? How long does it usually take?

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Adjudication is when Washington ESD reviews disputed claims. They'll contact you and your former employer for statements. Can take 2-6 weeks depending on their workload.

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Mine took almost 8 weeks but that was during a busy period. Just be patient and respond quickly to any requests for information.

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Document everything about your firing while it's fresh in your memory. Write down dates, times, who was present during conversations, any emails or texts related to the attendance issues or safety complaints. You'll need this if Washington ESD asks for more details.

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Good point. I still have some text messages from my manager about the attendance stuff.

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Perfect, save screenshots of those. Any documentation helps your case.

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I'm dealing with something similar right now. Got fired 3 weeks ago and my claim is still pending adjudication. It's nerve-wracking not knowing if you'll get approved or not.

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Have you heard anything from Washington ESD at all during those 3 weeks?

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They sent me a questionnaire about the circumstances of my separation after the first week, but nothing since then.

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The retaliation angle could actually help your case if you can prove it. Washington ESD doesn't look kindly on employers who fire people for raising legitimate safety concerns. Do you have any documentation of your safety complaints?

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I reported the safety issue to HR via email about a month before I got fired. I kept a copy of that email.

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That's excellent evidence. The timing makes the retaliation claim much stronger.

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honestly just file and see what happens. worst case they deny you and you appeal. i've seen people get approved for unemployment after being fired for way worse stuff than being late a few times

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True, I guess I have nothing to lose by trying.

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Make sure you're honest in your application but also advocate for yourself. Don't just accept blame - explain your side of the story and any mitigating circumstances. Washington ESD wants to hear both sides before making a decision.

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Yeah I tend to be too hard on myself. I need to remember that this wasn't entirely my fault.

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Exactly. Present the facts objectively and let Washington ESD decide. You have rights as an employee too.

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If your claim gets approved, remember you still need to file weekly claims and meet the job search requirements. Don't let that part slip even if you're focused on the initial approval process.

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What are the job search requirements exactly?

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You need to make at least 3 job search contacts per week and keep records. Check the Washington ESD website for current requirements.

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I had to deal with Washington ESD phone issues when my claim was under review. The Claimyr service someone mentioned earlier actually worked great for getting through to talk to someone. Really helped speed up my case resolution.

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Good to know there are options if I can't get through on my own.

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Yeah, way better than sitting on hold for hours just to get disconnected.

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Two years of employment with good reviews definitely works in your favor. Washington ESD considers your overall work history, not just the final incident that led to termination.

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That makes me feel better. I was a good employee overall, just had some transportation challenges recently.

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watch out because your employer might contest the claim even if they don't have a strong case. some companies automatically contest every unemployment claim to try to keep their rates low

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Ugh, that's so frustrating. Why make it harder for people who already lost their jobs?

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money talks unfortunately. but don't let that discourage you from filing

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File online at secure.esd.wa.gov as soon as possible. The sooner you file, the sooner your claim can be processed. Even if it goes to adjudication, you want to get in the queue early.

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I'll file tonight. Thanks for the link.

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Good luck with your claim! Being fired doesn't automatically disqualify you from unemployment benefits. Washington ESD looks at the specific circumstances, and it sounds like you have a reasonable case based on what you've described.

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Thanks everyone for all the helpful advice. I feel much more confident about filing now.

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Keep us updated on how it goes! And remember, if you get denied initially, you can always appeal.

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I used Claimyr last month when I needed to speak with Washington ESD about my adjudication status. Really helped me get through when the phone lines were swamped. Worth looking into if you run into calling issues.

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Seems like a few people have had good experiences with that service. I'll keep it in mind.

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Yeah, saved me a lot of frustration trying to get through on my own.

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The key thing is that Washington ESD has to prove you committed misconduct, not the other way around. Being occasionally late isn't necessarily misconduct unless it was excessive or you ignored direct warnings to improve.

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That's good to know. I only had two verbal warnings over several months, and I did try to improve after each one.

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That shows good faith effort on your part. Document that when you file your claim.

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