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Natalie Khan

If I get fired can I collect Washington ESD unemployment benefits?

My manager has been really critical of my work lately and I'm worried I might get terminated. If I do get fired from my job, am I eligible to collect unemployment benefits through Washington ESD? I've been working at this company for about 8 months and this would be my first time dealing with unemployment. What determines if you can get benefits after being fired vs quitting?

It depends on WHY you got fired. If it's for something like poor performance or attendance issues that aren't your fault, you can usually collect. But if you get fired for misconduct like stealing, fighting, or deliberately breaking rules, Washington ESD will likely deny your claim.

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What counts as misconduct exactly? My supervisor says I'm not meeting expectations but I feel like the goals are unrealistic.

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Not meeting performance standards isn't usually misconduct unless you're deliberately not trying. Unrealistic goals from management would be their problem, not yours.

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You'll need to file your initial claim as soon as possible after termination. Washington ESD will investigate by contacting both you and your employer to determine if the firing was for misconduct. This process is called adjudication and can take several weeks.

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How long does the adjudication process usually take? I'm worried about paying bills if there's a long delay.

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Currently it's taking anywhere from 2-6 weeks depending on the complexity. Make sure you keep filing your weekly claims even during adjudication.

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I was in a similar situation last year. Got fired for 'performance issues' but it was really because my boss didn't like me. I was stressed about calling Washington ESD because their phone lines are always busy. Ended up using claimyr.com to get through to an agent quickly - they have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. The agent was able to explain exactly what documentation I needed for my adjudication.

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Did you end up getting approved for benefits even though you were fired?

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Yes! Since I could prove it was performance-related and not misconduct, my claim was approved. The key was having documentation of my work efforts.

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DOCUMENT EVERYTHING! Keep emails, performance reviews, any warnings you received. If your employer tries to claim misconduct, you'll need proof that it was really about performance or other non-misconduct reasons.

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I do have some emails where my supervisor acknowledges the workload is heavy. Would that help?

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Absolutely! That shows the performance issues might be due to unreasonable expectations rather than your fault.

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Screenshot everything now before you potentially lose access to your work email!

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The Washington ESD adjudication team will look at whether you had 'willful misconduct' or just weren't able to do the job. There's a big difference legally. Poor performance due to lack of skills or impossible workload usually doesn't disqualify you.

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What if they say I was insubordinate? My manager and I had some heated discussions about the workload.

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Standing up for yourself about working conditions isn't automatically insubordination. It depends on how it was handled and if you were being respectful.

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ugh the whole system is so stressful when you're already dealing with job loss. took me forever to get through to anyone at washington esd when i needed to check on my adjudication status.

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How did you eventually get through to them?

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kept calling first thing in the morning but kept getting disconnected. finally someone told me about that claimyr service that helps you get through faster.

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Important: Even if you think you might not qualify, file the claim anyway. Let Washington ESD make the determination rather than assuming you're not eligible. You have nothing to lose by applying.

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Good point. I was thinking I should wait to see what happens with my job, but maybe I should be prepared.

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Definitely file immediately after termination. There can be delays if you wait too long to start the process.

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Also remember you need to meet the job search requirements while your claim is being adjudicated. Don't slack on looking for work just because you're waiting for a decision.

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How many jobs do I need to apply to each week in Washington?

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You need to make at least 3 job search activities per week and keep detailed records in WorkSourceWA.

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If your employer contests your claim (which they probably will if they fired you), be prepared for a phone interview with Washington ESD. They'll ask detailed questions about the circumstances of your termination.

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What kind of questions do they ask in these interviews?

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They'll want specifics about what led to the firing, any warnings you received, your side of the story, etc. Be honest and stick to facts.

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And if you can't reach them for the interview when they call, it can really delay things. That's another reason people use services like Claimyr to make sure they can actually talk to agents when needed.

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Been through this twice unfortunately. First time I got denied because I couldn't explain my side well enough during the phone interview. Second time I was better prepared and got approved. The key is being able to clearly explain why the firing wasn't due to willful misconduct.

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What did you do differently the second time?

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I wrote down my timeline of events beforehand and practiced explaining it clearly. Also had all my documentation organized and ready to reference.

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Don't forget that even if you get initially denied, you can appeal the decision. A lot of people give up after the first denial but the appeals process exists for a reason.

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How long do you have to file an appeal?

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You have 30 days from the date of the determination letter to file your appeal with Washington ESD.

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honestly the worst part is the waiting and not knowing. my adjudication took 5 weeks and i was barely sleeping worrying about it

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That's exactly how I'm feeling already and nothing has even happened yet!

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i feel you both. the uncertainty is killer. at least once you file you can start the process instead of just worrying about what might happen

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One more thing - if you do get fired, ask HR for documentation of the reason. Sometimes what they put in writing is different (and less severe) than what your manager was telling you verbally.

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Should I ask for this before or after I'm actually terminated?

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After. When they hand you termination paperwork, ask for a detailed written explanation of the reasons. They don't have to provide it but many will.

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The whole misconduct thing is pretty subjective too. What one employer calls misconduct, another might just consider poor performance. Washington ESD looks at each case individually.

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That's somewhat reassuring. I really don't think I've done anything that would count as actual misconduct.

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Yeah, as long as you weren't stealing, fighting, or blatantly violating clear policies, you probably have a good chance of getting benefits.

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PSA: Make sure your contact information is updated with Washington ESD before you need it. Nothing worse than missing important calls because they have your old phone number.

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Good reminder. I should probably set up my account now even though I'm still employed.

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Exactly! Getting familiar with the system before you need it urgently is smart planning.

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Also worth noting that your benefit amount will be based on your earnings from the past year, not just your current job. So even if this current job doesn't pay great, your benefits might still be decent if you had higher-paying work earlier.

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I did have a better paying job earlier this year before this one. How do they calculate the benefit amount?

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They look at your highest earning quarter in your base year and use that to determine your weekly benefit amount. It can be surprisingly different than what you'd expect.

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Whatever happens, don't let your employer intimidate you out of filing. Some companies will try to make you think you're not eligible when you actually are. File the claim and let Washington ESD decide.

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Thanks everyone. This has been really helpful. I feel much more prepared now for whatever happens.

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Good luck! Remember that getting fired doesn't automatically disqualify you - it's all about the specific circumstances.

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And if you need to talk to Washington ESD agents quickly about your situation, that Claimyr service I mentioned earlier really does work well for getting through their phone system.

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