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Alice Pierce

If I got terminated can I collect unemployment - Washington ESD eligibility question

Lost my job at a manufacturing plant last week after 2 years. My supervisor said I was terminated for 'performance issues' but honestly I think it was just because they needed to cut costs and I was one of the newer hires. I've never filed for unemployment before and don't know if being terminated disqualifies me from benefits. Can I still apply to Washington ESD or does termination automatically mean I can't get UI? Really stressed about this since I have rent due next week.

Yes, you can definitely apply for unemployment benefits even if you were terminated. Washington ESD will investigate the circumstances of your termination during the adjudication process. If you were fired for misconduct, that could disqualify you, but performance issues or layoffs disguised as terminations usually don't disqualify you. File your claim as soon as possible since benefits don't start until you apply.

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Thank you! What exactly counts as 'misconduct' vs performance issues? I was never written up or anything, they just said my productivity wasn't meeting expectations.

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Misconduct is usually willful violations of company policy, theft, violence, or repeated rule violations after warnings. Poor performance or not meeting productivity standards typically isn't misconduct unless you were deliberately underperforming.

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I got terminated last year and it took Washington ESD 3 weeks to make a decision. They had to contact my employer and get their side of the story. The waiting was nerve-wracking but I eventually got approved. Just be honest about what happened when you file.

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Did they ask you a lot of questions during the process? I'm worried about saying the wrong thing.

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They asked basic questions about my job duties and why I think I was terminated. Just stick to the facts and don't speculate about your employer's motives.

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If you're having trouble getting through to Washington ESD to file your claim, I recently found out about Claimyr (claimyr.com) which helps people reach unemployment agents by phone. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling and getting hung up on.

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Is this legit? I'm desperate to file but can't get through their phone lines.

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Yeah it's real. I was skeptical too but it actually connected me to a real Washington ESD agent who helped me file my claim. Way better than sitting on hold for hours.

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Never heard of this service before but if it helps get through to Washington ESD I might try it. Their phone system is absolutely terrible.

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ALWAYS FILE EVEN IF YOURE NOT SURE ABOUT ELIGIBILITY!!! Washington ESD will determine if you qualify, don't disqualify yourself. I've seen too many people not file because they assumed they couldn't get benefits. Let them make the decision.

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Good point, I was definitely overthinking this. Going to file today.

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This is solid advice. I waited 2 weeks to file because I thought I wouldn't qualify and lost out on those benefits permanently.

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What industry was this? I work in manufacturing too and I've noticed a lot of companies are doing 'stealth layoffs' where they terminate people for made-up performance reasons to avoid paying severance or unemployment. It's shady but it happens.

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Automotive parts manufacturing. They've been struggling with orders this year so I wouldn't be surprised if that's what happened.

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Yeah that industry has been hit hard. Definitely sounds like they're cutting costs and using performance as an excuse. You should qualify for benefits.

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I'm going through adjudication right now for a similar situation. Got terminated for 'attendance issues' but it was really because I had to take time off for medical appointments. Washington ESD is reviewing everything and my case worker said it looks like I'll be approved. The process is slow but fair.

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How long has your adjudication been going on? I'm worried about how long it might take.

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About 4 weeks now. They had to request documents from my employer twice because they didn't respond the first time. It's frustrating but I'm confident in my case.

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same thing happened to my brother in law. they fired him for 'not being a good fit' after 18 months on the job. he got approved for unemployment no problem. sounds like your situation is even clearer cut

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That's reassuring, thank you. Did he have any issues with the process?

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nope pretty straightforward. took about 2 weeks to get his first payment after filing

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Also make sure you start doing your job search activities right away. Washington ESD requires you to search for work and keep a log of your activities. You'll need to report this when you file your weekly claims. The requirements are 3 job search activities per week currently.

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Do online applications count as job search activities? What else qualifies?

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Yes, online applications count. Also networking contacts, attending job fairs, informational interviews, career counseling sessions. Keep detailed records of everything.

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Washington ESD's system is so backed up right now. I filed 3 weeks ago and still haven't heard anything. The online system keeps crashing and I can't get through on the phone. It's a nightmare trying to get help.

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This is exactly why I mentioned Claimyr earlier. I was in the same boat until I used their service to actually reach someone at Washington ESD.

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I might have to try that. I'm getting desperate and my savings are running out.

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Were you part of a union? Sometimes union representation can help with wrongful termination cases and unemployment claims. Even if you weren't union, you might want to document everything about your termination in case you need to appeal a denial.

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No union unfortunately. I do have some emails from my supervisor about the productivity concerns though. Should I save those?

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Definitely save everything. Any documentation showing the progression of events could be helpful if Washington ESD needs more details.

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honestly the whole unemployment system is a joke. they make it so hard to get benefits that you're entitled to. i had to fight for 2 months just to get what i should have gotten from day one. be prepared for a battle

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That's discouraging. What made your case so difficult?

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my employer lied about why they fired me and washington esd believed them at first. had to provide tons of evidence to prove my side of the story

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File online if you can, it's faster than calling. The Washington ESD website has a step-by-step guide for filing your initial claim. You'll need your social security number, employment history for the past 18 months, and details about your termination.

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Thanks, I'll gather all that information before I start the application.

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Good plan. Having everything ready makes the process much smoother.

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I was terminated for 'restructuring' but it was really just budget cuts. Washington ESD approved my claim within 2 weeks. They seem to understand that a lot of companies use vague reasons to avoid paying unemployment taxes. Your situation sounds legitimate.

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That gives me hope. Did you have to provide any documentation during the process?

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Just the basic information during filing. They contacted my employer separately to verify the details.

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Make sure you file your weekly claims even if your initial claim is still being processed. You can't get back pay for weeks you didn't file. I learned this the hard way and lost 3 weeks of benefits.

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Good to know! I'll make sure to file weekly claims as soon as I submit my initial application.

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Smart. The weekly claims are due every Sunday for the previous week.

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I used to work in HR and I've seen a lot of terminations that were really layoffs in disguise. Companies do this to avoid unemployment insurance rate increases. If you were meeting basic job requirements and had no major disciplinary issues, you'll likely qualify for benefits.

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That's exactly what I suspected was happening. My performance reviews were always satisfactory until suddenly they weren't.

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Classic pattern. Document the timeline if you can - it shows the termination was likely pretextual.

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Don't let them intimidate you into not filing. Some employers try to scare terminated employees by saying they'll fight the unemployment claim. Most of the time they don't even respond to Washington ESD's requests for information.

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My employer didn't say anything about fighting it, but this is good to know in case they do.

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Even if they do contest it, you still have the right to appeal any denial. The process is designed to be fair to workers.

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Check if you qualify for any other assistance programs while you're waiting for unemployment to process. Sometimes there are local resources for emergency rent assistance or food banks that can help bridge the gap.

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That's a good idea. I'll look into local resources in case the unemployment process takes longer than expected.

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211 is a good resource to call for local assistance programs. They can connect you with various support services.

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Update us on how it goes! This forum is helpful for people going through similar situations. Your experience could help someone else in the future.

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Absolutely! I'll post an update once I hear back from Washington ESD. Thanks everyone for all the helpful advice and encouragement.

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Good luck! Your situation sounds very similar to what I went through and I was approved, so I'm optimistic for you.

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