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Luca Esposito

If I got fired can I still get unemployment benefits from Washington ESD?

I just got terminated from my job yesterday and I'm wondering if I can still apply for unemployment benefits through Washington ESD. My manager said it was due to performance issues but I feel like they were just looking for an excuse to let me go. I've been working there for almost 2 years and never had any written warnings or formal disciplinary actions. Can I still file a claim even though I was fired? What are my chances of getting approved?

Yes, you can absolutely file for unemployment even if you were fired. Washington ESD will investigate whether the termination was for 'misconduct' or not. Performance issues usually don't qualify as misconduct unless it was willful or deliberate. The key is whether you were fired for something you did wrong on purpose or if it was just not meeting expectations.

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That's good to know! They never gave me any formal warnings so I think I have a decent chance. Should I file right away?

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File as soon as possible. There's a waiting period anyway so don't delay. Make sure you have all your employment information ready when you apply online.

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I got fired last year for attendance issues and still got approved for benefits. Washington ESD said it wasn't misconduct because I had legitimate reasons for the absences. Just be honest when you file your claim.

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How long did it take for them to make a decision on your claim?

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It went into adjudication for about 3 weeks while they investigated. Then I got approved and received all the back pay.

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The termination will likely trigger an adjudication process where Washington ESD contacts both you and your former employer to get the full story. Make sure you document everything - save any emails, performance reviews, or other evidence that shows you weren't fired for misconduct. If you can't reach Washington ESD by phone to check on your claim status, I recently discovered Claimyr.com which helps people get through to ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the tip about documenting everything. I do have some emails that might help my case.

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What exactly is Claimyr? Is it legitimate or just another scam service?

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It's legit - they basically help you get through Washington ESD's phone system when the lines are busy. I used it when my claim was stuck in adjudication and couldn't get through on my own.

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PERFORMANCE ISSUES ARE NOT MISCONDUCT! I can't stress this enough. Washington ESD has very specific definitions of what constitutes misconduct and simple performance problems don't qualify. You should be fine as long as you weren't stealing, fighting, or deliberately violating company policies.

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That makes me feel a lot better. It really was just performance stuff, nothing serious like theft or anything.

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What if they say you were insubordinate though? That might count as misconduct.

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True, but they'd need to prove actual insubordination, not just disagreeing with management decisions.

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Make sure when you file that you're completely honest about the reason for termination. Don't try to hide that you were fired or Washington ESD will find out anyway when they contact your employer. Being upfront about it actually helps your case.

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Good point. I'll be completely honest when I file the claim online.

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How do they contact the employer? Do they call or send letters?

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Usually they send a form to the employer asking for details about the termination. The employer has to respond within a certain timeframe.

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I'm going through something similar right now. Got fired three weeks ago and my claim has been in adjudication ever since. The waiting is killing me but at least I know there's hope.

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Three weeks sounds really stressful. Have you been able to get any updates from Washington ESD?

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I keep trying to call but the lines are always busy. Might try that Claimyr thing someone mentioned earlier.

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Claimyr actually worked for me when I couldn't get through. Saved me hours of redialing.

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Just file the claim and let Washington ESD sort it out. The worst they can do is deny it, and then you can appeal if you think they got it wrong. You've got nothing to lose by trying.

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True, I might as well give it a shot. Thanks for the encouragement.

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How long do you have to file after getting fired?

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There's no specific deadline but you should file as soon as possible. Benefits start from the week you file, not when you lost your job.

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Performance issues vs misconduct is such an important distinction. I see people get confused about this all the time. Misconduct has to be willful and work-related. Just not being good at your job doesn't qualify.

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That's reassuring. I definitely wasn't trying to do a bad job, I was just struggling with some of the tasks.

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What about if you were late a lot? Is that misconduct?

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Depends on the circumstances. If you had good reasons for being late, probably not misconduct. If you were just being lazy and not caring, that might be different.

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The key thing is that Washington ESD looks at whether the employer had just cause to fire you AND whether your actions constituted misconduct. Those are two different standards. You can be justifiably fired but still qualify for benefits if it wasn't misconduct.

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That's a really helpful distinction. I think my situation falls into that category.

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So even if the firing was justified, you might still get unemployment?

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Exactly. The employer can have good business reasons to terminate someone, but if it's not misconduct under Washington law, the person can still collect benefits.

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Ava Kim

I'd recommend gathering any documentation you can - performance reviews, emails, company policies, anything that shows you were trying to do your job properly. This stuff really helps during the adjudication process.

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I'll start gathering everything I can find. Thanks for the advice!

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Should you also get witness statements from coworkers?

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Ava Kim

That could help, but make sure any witnesses are willing to be contacted by Washington ESD investigators if needed.

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File your claim ASAP and be prepared for it to go into adjudication. That's totally normal for termination cases. Don't panic if you don't hear back right away - these investigations take time but they're usually pretty fair.

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Thanks everyone for all the helpful advice. I'm feeling much more confident about filing now.

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Good luck! Keep us posted on how it goes.

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I definitely will. This community has been so helpful!

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One more thing - make sure you keep filing your weekly claims even while the adjudication is pending. If you get approved, you'll get back pay for those weeks. If you don't file them, you lose those weeks forever.

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Great tip! I'll make sure to keep filing weekly even if nothing is happening with my claim.

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How do you file weekly claims if your initial claim hasn't been approved yet?

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Once you file your initial claim, you can start filing weekly claims immediately. The system will hold them pending the adjudication decision.

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The whole process can be really stressful but hang in there. Most people who get fired for performance issues end up getting approved for benefits. Washington ESD knows the difference between someone who can't do the job and someone who won't do the job.

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That gives me hope. I really was trying my best at that job, it just wasn't a good fit.

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Sometimes a job just isn't the right match. Doesn't mean you don't deserve unemployment benefits.

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Exactly how I feel about it. Thanks for understanding!

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