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Javier Cruz

How to get Washington ESD unemployment if you were fired - need advice

Got terminated from my job two weeks ago and I'm not sure if I can even apply for unemployment benefits. My manager said it was due to 'performance issues' but honestly I think it was because I questioned some of their decisions. I've been working there for almost 2 years and never had any written warnings. Can you still get Washington ESD benefits if you were fired? What do I need to prove to qualify?

Yes, you can still get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will determine if you were fired for 'misconduct' or just poor performance. Performance issues usually qualify for benefits, but misconduct doesn't.

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That's good to hear. How do they determine what counts as misconduct vs performance issues?

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Misconduct is usually willful violations of company policy, like stealing, showing up drunk, or deliberately not following instructions. Poor performance or not being good at your job isn't misconduct.

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File your claim right away! Don't wait. You can apply online at esd.wa.gov and they'll investigate the circumstances of your termination. Your employer will have to provide their side of the story too.

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Already started the application. Do I need to gather any documentation from my old job?

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Keep any emails, performance reviews, or documentation about your termination. It might help your case if it goes to adjudication.

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I was in a similar situation last year. Got fired for 'attitude problems' but it was really just speaking up about safety issues. Had to go through adjudication but eventually got approved. If you're having trouble reaching Washington ESD about your claim status, I found this service called Claimyr that helped me get through to an actual agent. They have a demo video at https://youtu.be/7DieNd3C7zQ and you can check them out at claimyr.com.

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How long did your adjudication take? I'm worried about how I'll pay bills while waiting.

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Mine took about 3 weeks. The hardest part was getting someone on the phone to check the status, which is why I ended up using that service I mentioned.

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Washington ESD looks at whether you were fired for 'just cause' related to misconduct. Things like chronic tardiness, insubordination, or violating company policies can disqualify you. But if it's truly performance-related and you weren't willfully negligent, you should qualify.

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They never gave me any formal write-ups or improvement plans. Does that help my case?

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Yes, that's actually really helpful. Lack of progressive discipline or documentation can work in your favor during the adjudication process.

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same thing happened to me but they said i was 'difficult to work with' lol. still got my unemployment though so dont worry

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Did you have to appeal or did they approve it right away?

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went to adjudication first but then got approved after like a month

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The whole system is rigged against workers anyway. They make it so hard to get benefits even when you deserve them. But yeah, you should still apply and fight for what's yours.

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It's not rigged, there are just specific rules they have to follow. The law is actually pretty clear about what qualifies and what doesn't.

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Easy to say when you haven't been fighting the system for months like some of us have

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Update: Filed my claim yesterday and it's showing 'pending' status. How long before I hear back about whether it's approved?

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If your employer contests it, it could take 2-4 weeks for adjudication. If they don't contest, you might hear back within a week or two.

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Keep filing your weekly claims even while it's pending! You can get back pay for those weeks if you're approved.

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Make sure you're honest about the reason for termination when you file. If you lie and they find out during the investigation, that's automatic disqualification for fraud.

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Yeah I put down that I was fired for performance issues. Didn't try to sugar coat it.

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Good call. Honesty is always the best policy with Washington ESD.

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Been there! Got fired from my retail job for 'not meeting sales goals' but it was really because I wouldn't pressure customers into buying stuff they didn't need. Still got my unemployment after they investigated.

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That's encouraging. Did your employer try to fight it?

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They submitted their side but Washington ESD ruled in my favor. Performance issues aren't the same as misconduct.

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Just wanted to follow up on my earlier comment about Claimyr - I know some people are skeptical about third-party services, but honestly it saved me weeks of frustration trying to get through to Washington ESD. When you're dealing with adjudication and need to check your claim status, it's worth considering.

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How much does something like that cost though?

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I'd rather not get into pricing details, but for me it was worth it just to talk to an actual person instead of getting hung up on constantly.

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Remember that even if you're initially denied, you have the right to appeal. Many people win their appeals, especially in cases where termination was performance-related rather than misconduct.

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How long do you have to file an appeal if they deny you?

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You have 30 days from the date of the determination letter to file your appeal. Don't wait if you disagree with their decision.

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this is why i hate at-will employment states. they can fire you for any reason and then you have to fight for benefits you already paid into through your taxes

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While I understand the frustration, unemployment benefits come from employer taxes, not employee taxes. But I agree the system could be more worker-friendly.

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either way its money that shouldve gone to workers wages so same difference

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Document everything you can remember about your termination meeting. What exactly was said, who was present, any witnesses. This stuff matters if it goes to a hearing.

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I should have recorded it but didn't think of it at the time. Can I still write down what I remember?

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Yes, write down everything you remember as soon as possible while it's still fresh in your memory.

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Just went through this myself. The key is whether you were fired for 'just cause' or not. Performance issues usually don't count as just cause unless you were willfully negligent or refused to improve.

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Did Washington ESD contact your employer during the investigation?

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Yes, they sent them a form asking for details about why I was terminated. My employer had to provide documentation to support their claims.

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Pro tip: Start applying for jobs immediately even while your claim is being processed. You'll need to show you're actively seeking work to continue receiving benefits if approved.

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Do I need to keep a log of my job search activities?

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Yes! Keep detailed records of where you applied, when, and any responses. You'll need this for your weekly claims.

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I work in HR and I've seen plenty of cases where people get unemployment after being terminated. Unless there's clear evidence of misconduct, most performance-related terminations result in approved claims.

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What counts as clear evidence of misconduct from an HR perspective?

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Things like documented policy violations, theft, harassment, or repeated insubordination after warnings. Poor performance alone isn't enough.

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Whatever you do, don't give up if they initially deny you. I got denied at first but won my appeal hearing. The judge said my termination didn't rise to the level of misconduct.

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How long did the appeal process take?

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About 6 weeks from filing the appeal to getting the hearing scheduled. Then another week for the decision.

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Check if your company has an employee handbook that outlines their progressive discipline policy. If they didn't follow their own procedures, that can help your case.

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Good point. They definitely didn't follow the steps outlined in our handbook.

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Get a copy of that handbook if you can. It's strong evidence that they didn't follow proper procedure.

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I had a friend who used that Claimyr service someone mentioned earlier. Said it was a lifesaver when she couldn't get through to Washington ESD during her adjudication. Might be worth looking into if you run into phone issues.

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Thanks, I'll keep that in mind if I have trouble reaching them.

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Yeah the phone system is terrible. Sometimes it just hangs up on you after waiting for an hour.

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Update us when you hear back! I'm curious how it turns out since your situation sounds similar to what I'm dealing with.

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Will do! Hopefully it won't take too long to get a decision.

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Same here, following this thread for updates. Good luck!

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