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Matthew Sanchez

I was fired can I get unemployment - Washington ESD eligibility questions

So I got terminated from my job last Friday and I'm wondering if I can still file for unemployment benefits with Washington ESD. My manager said it was due to performance issues but honestly I think it was more about personality conflicts. I've been working there for almost 2 years and never had any formal write-ups or warnings. Can you get UI benefits if you were fired? I heard it depends on the reason but I'm not sure what Washington ESD considers acceptable reasons. Really stressed about this because I have bills to pay and need to know if I should even bother applying.

Ella Thompson

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Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the specific circumstances. Washington ESD will determine if you were terminated for 'misconduct' or not. Performance issues alone usually don't disqualify you unless there was willful misconduct involved. The key is whether your employer can prove you deliberately violated workplace rules or policies.

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That's a relief to hear. There was no deliberate rule breaking on my part, just disagreements with my supervisor about how to handle certain tasks. Should I file right away?

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Ella Thompson

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Definitely file as soon as possible. You can file online at esd.wa.gov and the sooner you apply, the sooner your benefits can start if you're approved. Don't wait thinking you might not qualify.

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JacksonHarris

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I was in a similar situation last year - got fired for what they called 'poor performance' but really it was because I questioned some of their practices. Washington ESD approved my claim after investigating. They'll contact your employer to get their side of the story during the adjudication process.

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How long did the adjudication take? I'm worried about being without income for weeks while they investigate.

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JacksonHarris

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Mine took about 3 weeks. If you're struggling to get through to Washington ESD by phone during the process, I found this service called Claimyr that helped me reach an actual person. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks, I'll look into that. The phone lines are always busy when I try to call.

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washington esd will look at whether you were fired for misconduct or just performance. misconduct has to be willful and work-related. if you were just bad at your job but trying your best thats not misconduct

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That makes sense. I was definitely trying my best, just had different ideas about how to do things than my boss wanted.

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Royal_GM_Mark

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Exactly right. Poor performance due to inability or good faith errors is not misconduct under Washington state law. Only deliberate violations or gross negligence typically disqualify you.

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I'm going through this exact same thing right now! Filed my claim two weeks ago and it's been in adjudication status ever since. The waiting is killing me because I don't know if I'll get approved or not. Did your employer give you any documentation about why you were fired?

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They just said 'performance issues' on my termination paperwork but didn't give specifics. What did you put on your application for reason you were separated?

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I was honest and said I was terminated for performance reasons but explained that I was doing my best and following all policies. I figured being truthful was better than trying to hide it.

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Ella Thompson

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That's the right approach. Washington ESD will find out the real reason anyway when they contact your employer, so honesty is always best on your application.

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Chris King

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! I got denied even though my boss was a complete psycho who created a hostile work environment. They said I was fired for 'insubordination' because I refused to work unpaid overtime. APPEALED IT AND WON but took 6 months of fighting.

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Six months?? That's insane. I can't go that long without income. Did you have to get a lawyer for the appeal?

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Chris King

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No lawyer, did it myself. The appeal hearing was over the phone and I just explained what really happened. The judge saw through my employer's lies. Don't give up if they deny you initially!

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Ella Thompson

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Appeals do take time but many people win on appeal when they have documentation or witnesses to support their case. The initial denial isn't the end of the road.

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Rachel Clark

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File immediately and don't worry about whether you'll be approved. Let Washington ESD make that determination. In the meantime, start your job search because you'll need to be actively looking for work to maintain eligibility even if approved. Keep detailed records of your job search activities.

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Good point about the job search. How many jobs do you have to apply for each week?

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Rachel Clark

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You need to make at least 3 job search activities per week and keep a log. This can include applying for jobs, attending job fairs, networking events, or taking career-related classes. Washington ESD may audit your job search so keep good records.

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JacksonHarris

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And register with WorkSource Washington if you haven't already. That's a requirement for most UI claims.

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Update: I filed my claim online this morning. The application was pretty straightforward but now I'm just waiting to see what happens. It says I should hear back within 5-7 business days about my eligibility determination.

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Ella Thompson

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Good job getting it filed quickly! Make sure to file your weekly claims even while waiting for the adjudication decision. You can do this online through your eServices account.

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Yes, definitely keep filing weekly even if your claim is pending. I made that mistake and it delayed my payments when I finally got approved.

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Royal_GM_Mark

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For anyone reading this thread, here are the key factors Washington ESD considers for misconduct determinations: 1) Was the action deliberate? 2) Did it violate a known policy? 3) Was it substantially adverse to the employer's interests? Simple poor performance or good faith errors usually don't meet this standard.

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This is really helpful. Based on these criteria, I don't think what happened to me would qualify as misconduct.

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yeah this is good info. saved me from panicking about my own situation

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Just wanted to add that if you do get denied initially, you have 30 days to file an appeal. The appeal process is your chance to present your side of the story to an administrative law judge. Don't miss that deadline if you disagree with Washington ESD's decision.

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Good to know about the 30-day deadline. I'll make sure to calendar that if needed.

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Chris King

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And appeals are done by phone usually, so you don't have to go anywhere. Just make sure you have all your documentation ready.

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Mia Alvarez

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Been following this thread because I'm in a similar boat. Got fired last month for 'attitude problems' which is basically code for not kissing up to management. Still waiting on my adjudication decision. The uncertainty is the worst part.

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The waiting really is stressful. At least we're not alone in dealing with this!

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JacksonHarris

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If you need to check on your adjudication status and can't get through on the phone, that Claimyr service I mentioned earlier really does work. Saved me hours of trying to call.

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Mia Alvarez

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Thanks for the tip. I'll check it out if I need to call them.

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Ella Thompson

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One more thing to remember - even if you're approved for benefits, Washington ESD may still schedule a fact-finding interview with you and your former employer. This is normal and doesn't mean there's a problem with your claim. Just be honest and stick to the facts.

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What kind of questions do they ask in these interviews?

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Ella Thompson

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They'll ask about the circumstances of your termination, your work performance, any warnings you received, and your understanding of company policies. Just tell the truth about what happened.

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Carter Holmes

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This thread has been really informative. I was fired 6 months ago and was too embarrassed to apply for unemployment because I thought being fired automatically disqualified you. Wish I had known this information sooner!

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Ella Thompson

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It's a common misconception. Many people who were fired are eligible for benefits. You can still apply now, though you'll only be able to claim benefits going forward, not retroactively.

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Carter Holmes

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Better late than never I guess. Filing my application tonight.

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Final update: Got my determination letter today and I was approved! The adjudication took exactly 3 weeks like some of you said it would. My first payment should be processed within a few days. Thanks everyone for the advice and encouragement!

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Ella Thompson

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Congratulations! Glad it worked out for you. Remember to keep filing your weekly claims and maintain your job search activities.

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That gives me hope! Still waiting on mine but at least I know it's possible to get approved.

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JacksonHarris

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Great news! Now you can focus on finding your next job without the financial stress.

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Mia Alvarez

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Awesome! This thread convinced me that I probably have a good chance too.

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