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Emma Davis

If I am fired do I get unemployment - Washington ESD eligibility question

I might be getting fired from my job next week and I'm trying to figure out if I'll be able to get unemployment benefits through Washington ESD. I've been at this company for 2 years but my boss has been documenting everything I do wrong lately and I think they're building a case to fire me. If they terminate me, will I still qualify for UI benefits? I've never been fired before so I don't know how this works with Washington ESD.

It depends on why you're being fired. Washington ESD will approve your claim if you're fired for reasons beyond your control, but they'll deny it if you're fired for misconduct. The key is whether your employer can prove you willfully violated company policy or were grossly negligent.

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What counts as misconduct? I've been making some mistakes at work but nothing intentional.

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Simple mistakes or poor performance usually aren't misconduct. Washington ESD looks for things like theft, harassment, repeated violations of clear policies after warnings, or refusing to follow reasonable work instructions.

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I got fired 6 months ago and Washington ESD approved my claim. Even though my boss said it was for cause, I appealed and won because they couldn't prove I did anything wrong on purpose. The adjudication process took about 3 weeks though.

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Did you have to provide documentation during the appeal process?

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Yes, I had to submit my work evaluations and emails showing I was trying to improve. Washington ESD also interviewed both me and my former employer.

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When you file your claim, Washington ESD will contact your employer to get their side of the story. If there's a dispute about whether you were fired for misconduct, your claim will go into adjudication while they investigate. Make sure you have documentation of your work performance and any attempts to improve.

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How long does adjudication usually take? I'm worried about paying my bills while I wait.

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Adjudication can take anywhere from 2-6 weeks depending on how complex your case is. If you're approved, you'll get back pay for the weeks you were waiting.

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I had trouble getting through to Washington ESD when I needed to check on my adjudication status after being fired. Spent hours on hold every day for two weeks. Finally found this service called Claimyr (claimyr.com) that calls Washington ESD for you and gets you connected to an actual person. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me so much time and stress.

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How much does that cost? I'm already worried about money if I lose my job.

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They don't charge you unless they actually get you connected to Washington ESD. Much better than spending all day trying to call yourself.

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I've never heard of this service. Is it legit or just another scam?

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It's completely legitimate. They just automate the calling process so you don't have to sit on hold. I was skeptical too but it actually worked.

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The Washington ESD system is so broken. I was fired for supposedly being late too many times but I had documentation showing I was only late twice in 6 months due to bus delays. Still took them 8 weeks to approve my claim even with all the evidence.

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8 weeks?! How did you survive that long without income?

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Had to borrow money from family and use credit cards. The back pay helped but the stress was horrible.

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Here's what you need to know about Washington ESD's misconduct standards: they have to prove you knew the rule, had the ability to follow it, and chose not to. Poor performance or honest mistakes don't count as misconduct. Document everything and be prepared to explain your side of the story.

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Should I start documenting things now before I get fired?

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Absolutely. Save any emails about your performance, training records, and evidence that you were trying to improve. This will help if Washington ESD needs to investigate.

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got fired last year and got unemployment no problem. just file your claim right away and let washington esd figure it out. dont stress too much about it

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What was the reason you were fired? Was it similar to performance issues?

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yeah they said i wasnt meeting sales targets but i was new and still learning. washington esd said that wasnt misconduct

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I'm dealing with a similar situation right now. My employer is clearly building a case to fire me and I'm terrified about what happens next. Following this thread for advice.

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It's scary isn't it? At least we can learn from each other's experiences.

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Yes, and knowing that others have successfully gotten unemployment after being fired makes me feel a little better.

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Remember that even if your employer contests your claim, you have the right to appeal Washington ESD's decision if they deny you. The appeals process gives you a chance to present your case to an administrative law judge who will make the final decision.

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How long does the appeals process take?

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Appeals hearings are usually scheduled within 30-45 days of filing. You'll get a decision within a few weeks after the hearing.

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Washington ESD approved my claim after I was fired for 'attitude problems' which my boss couldn't really prove. The key is that they have to show you did something specific and willful, not just that they didn't like you.

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That gives me hope. My boss keeps saying I have a bad attitude but I think it's just because I ask questions about unclear instructions.

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Exactly! Asking for clarification isn't misconduct. Make sure Washington ESD knows the full context of any incidents your employer reports.

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Been through this twice unfortunately. First time I got approved immediately, second time it took 4 weeks of adjudication. The difference was how well my employers documented their case against me.

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What made the difference in the documentation?

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First employer just said I was fired for poor performance with no specifics. Second employer had written warnings and policy violations documented. But I still won because I could show I was trying to improve.

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Just want to mention Claimyr again for anyone who needs to actually talk to Washington ESD about their claim status. I used it twice during my unemployment and it saved me probably 20+ hours of calling. The service at claimyr.com really does work.

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I might need this if my claim gets complicated. Good to know there's an option besides spending all day on hold.

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Yeah, especially if you're dealing with adjudication or appeals. Sometimes you really need to talk to someone at Washington ESD and this is the only way to actually get through.

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The whole system is designed to make you give up. I was fired for being 10 minutes late ONE TIME and it took 3 months to get my benefits approved. Had to go all the way to a hearing to prove it wasn't misconduct.

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Three months?! How is that even legal?

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They kept requesting more documentation and scheduling hearings months out. It's like they hope you'll find another job and go away.

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my friend got fired for stealing and couldnt get unemployment so it really depends on what you did. sounds like youre just having performance issues which should be fine

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Yeah, I haven't stolen anything or done anything dishonest. Just struggling to meet some unrealistic expectations.

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One important thing to remember: file your claim immediately after you're terminated, even if you think your employer might contest it. You can't get benefits for weeks you don't claim, and the appeals process can take months. It's better to file and fight than to wait and lose potential benefits.

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Good point. I'll file right away if it happens. Better safe than sorry.

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Exactly. And keep filing your weekly claims even during adjudication or appeals. If you win, you'll get paid for all those weeks.

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Washington ESD's misconduct standard is pretty high. They need clear evidence that you knew the rule, could follow it, and chose not to. Most firings for performance issues don't meet that standard.

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That's reassuring. I've been trying my best at work, just struggling with some new responsibilities.

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Struggling with new responsibilities definitely isn't misconduct. That's a training or performance issue, not willful violation of rules.

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I got fired for missing too many days but I had medical documentation for all my absences. Washington ESD approved my claim because protected absences can't be misconduct.

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Good to know that medical issues are protected. I haven't had attendance problems but it's good information.

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The adjudication process was nerve-wracking but fair in my experience. Washington ESD really does investigate both sides of the story. Just be honest and provide documentation to support your version of events.

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Thanks for the encouragement. I'm feeling a bit better about my chances now.

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You should feel better. It sounds like you have a good case if you're just dealing with performance issues and trying to improve.

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Last mention of this but seriously, if you end up needing to contact Washington ESD about your claim, check out Claimyr. The video at https://youtu.be/7DieNd3C7zQ shows exactly how it works and it's way better than the alternative of calling all day yourself.

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I bookmarked it just in case. Hopefully I won't need it but good to have options.

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I used this service too and it's legit. Saved me tons of time when I was dealing with my claim issues.

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Bottom line: if you're fired for reasons beyond your control or for performance issues where you were trying to improve, you'll likely get approved. Washington ESD sees the difference between misconduct and just not being the right fit for a job.

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That's exactly my situation. I'm trying hard but the job might not be the right fit. Thank you everyone for all the helpful information!

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You're welcome! Good luck with everything and remember to file your claim right away if it happens.

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