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Drew Hathaway

If I'm fired do I get unemployment benefits in Washington state?

My manager called me into the office yesterday and said they're letting me go due to 'performance issues' but honestly I think it's because I questioned some of their practices that seemed sketchy. I've been at this job for 8 months and never had any formal write-ups or disciplinary actions. Can I still file for unemployment with Washington ESD if I was fired? I'm really stressed about this because I have rent due next week and need to know if I should start the claim process or if it's pointless.

Yes, you can still get unemployment even if you were fired, but it depends on the reason. Washington ESD will determine if you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful negligence. You should definitely file a claim right away - the worst they can say is no, and you need to get the process started to protect your claim date.

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Thank you! Should I mention the part about questioning their practices or just focus on the performance stuff they said?

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Be honest but stick to facts. Washington ESD will contact your employer anyway, so don't leave out important details that might help your case.

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Same thing happened to me last year. Got fired for 'attitude problems' which was basically me speaking up about safety issues. Filed anyway and got approved after they investigated. The key is Washington ESD looks at whether you were fired for something that was truly your fault and intentional.

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That gives me hope! How long did the investigation take?

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About 3 weeks total. They called me, called my old boss, then made their decision.

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I had a nightmare trying to get through to Washington ESD when I was dealing with my termination case. Spent hours on hold every day. Finally found out about Claimyr.com which actually got me connected to a real person at Washington ESD. They have this system that handles the calling for you - there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me so much frustration.

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Never heard of that service. How much does it cost?

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I don't remember the exact cost but it was worth it to actually talk to someone instead of getting hung up on constantly. Way less than what I would have lost missing work to sit on hold all day.

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Interesting, I might need to check that out. I've been trying to reach them about my adjudication for weeks.

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File immediately! Even if there's a chance they'll deny you, you want that claim date locked in. Washington ESD can take forever to make decisions and you don't want to lose weeks of potential benefits while you're waiting.

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Good point. I'll start the application tonight. Do I need any specific documents?

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Have your social security card, ID, and employment history ready. Also any termination paperwork if they gave you any.

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ugh the system is so broken though. they'll probably side with the employer anyway because big corporations always win

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That's not true at all. Washington ESD investigates each case individually and they approve claims all the time when people are wrongfully terminated.

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maybe but it's still a hassle and takes forever

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The key question Washington ESD will ask is whether your actions were a deliberate violation of company policy or just poor performance. Poor performance, inability to do the job, or personality conflicts usually don't disqualify you. Theft, violence, repeated tardiness after warnings - that's misconduct that can disqualify you.

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This is really helpful. Based on what you're saying, I think I have a good chance since it was just them saying I wasn't meeting expectations.

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Exactly. Document everything you can remember about the termination meeting and any prior conversations about your performance.

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Also keep records of any positive feedback or reviews you received before this happened.

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I got fired from my last job for being 5 minutes late too many times and they still gave me unemployment. It really depends on if they can prove you did something intentionally wrong.

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Wait, really? I thought being late would count as misconduct.

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Nope, Washington ESD said it wasn't willful misconduct in my case. Every situation is different though.

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Don't let them intimidate you into not filing. Employers sometimes try to scare people by saying they were fired 'for cause' but that doesn't automatically mean you're disqualified from UI benefits.

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They haven't said anything about me not being eligible, but I was worried they might contest it.

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Even if they contest it, Washington ESD will still investigate and make their own determination based on the facts.

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Make sure you file within the first week after losing your job. There's no waiting period to file, and you want to get your claim started ASAP.

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I'm definitely filing tonight. Thanks for the push - I was second-guessing myself.

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Smart move. Better to file and get denied than not file and miss out on benefits you were entitled to.

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If Washington ESD does put your claim in adjudication to investigate the firing, be patient but persistent. Mine took almost a month to resolve but I got backpay for the whole period.

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A month seems like forever when you need the money now, but good to know about the backpay.

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Yeah it was stressful but worth the wait. I used that Claimyr service someone mentioned earlier to actually talk to them about the status instead of just waiting blindly.

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Whatever you do, be completely honest on your application. If they find out you lied about anything, that can disqualify you even if the original firing wouldn't have.

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Absolutely. I plan to be totally upfront about everything that happened.

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Good approach. The truth usually comes out anyway when they investigate.

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also remember you have to do the job search requirements even while your claim is being reviewed. don't skip that part or they can deny you for not following the rules

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Oh right, I forgot about that. How many job contacts do I need to make each week?

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i think it's 3 per week but check the washington esd website to be sure. they're pretty strict about documenting it properly

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Quick update for anyone reading this later - I filed my claim and got approved! Took about 2 weeks for them to investigate and they determined it wasn't misconduct. Really glad I didn't let the fear of being denied stop me from applying.

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Awesome news! Thanks for coming back to update - this will help other people in similar situations.

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Congrats! I'm glad it worked out for you.

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This gives me hope for my own situation. Filed last week after being let go for similar reasons.

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For anyone else dealing with this - keep copies of EVERYTHING. Your termination paperwork, any emails about performance, employee handbook sections they reference. Washington ESD might ask for documentation during their investigation.

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Great advice. I learned this the hard way when they asked for proof of something and I had already thrown it away.

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I saved everything, including the notes I took during the termination meeting. Glad I was paranoid about it now.

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Bottom line - being fired doesn't automatically disqualify you from unemployment. The system exists to help people who lose their jobs through no fault of their own, and that includes some terminations. Don't assume you're not eligible without trying.

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Exactly this. I work in HR and I've seen plenty of people get unemployment after being terminated for performance issues.

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Thanks everyone for all the encouragement and advice. This thread really helped me understand the process and gave me confidence to file.

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Drew, I'm going through something really similar right now. Got let go last month for "not being a good fit" after I raised concerns about some questionable billing practices. Like you, no formal write-ups or disciplinary actions beforehand. I was terrified to file because I thought being fired meant automatic disqualification, but reading through everyone's responses here is really encouraging. The fact that Washington ESD actually investigates each case individually gives me hope. I'm going to file my claim this weekend - better late than never I guess. Thanks for posting this question, it's helping more people than just you!

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