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Carmen Ruiz

If fired can I collect unemployment - Washington ESD eligibility question

So I got terminated from my job last Friday and I'm wondering if I can still file for unemployment benefits through Washington ESD. My manager said it was for poor performance but honestly I think they just wanted to get rid of me because I complained about working conditions. I've been working there for almost 2 years and never had any write-ups until last month. Can I still get UI benefits if I was fired? I really need the money to pay rent while I look for another job.

Yes, you can still collect if you were fired for poor performance in most cases. Washington ESD looks at whether you were terminated for 'misconduct' which is different from just poor performance. Being bad at your job isn't the same as willful misconduct. You should definitely file your claim right away.

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Thanks! That makes me feel better. I was worried they would automatically deny me because I got fired.

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Yeah poor performance usually doesn't disqualify you unless it was like gross negligence or something really bad

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The key thing Washington ESD looks at is whether your termination was for misconduct connected with your work. Poor performance alone typically doesn't qualify as misconduct. However, if your employer claims it was for misconduct, your claim might go into adjudication while they investigate. Make sure to provide your side of the story when you file.

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What exactly counts as misconduct? I'm worried my employer might try to make it sound worse than it was.

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Misconduct usually involves willful or deliberate violation of company rules, not just failing to meet performance standards. Things like theft, harassment, or deliberately refusing to follow instructions.

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I had a similar situation last year where I got fired and was worried about UI. Turns out trying to reach Washington ESD by phone was the biggest nightmare - I spent weeks calling and either getting busy signals or being on hold for hours just to get hung up on. Finally found out about this service called Claimyr (claimyr.com) that actually gets you through to an agent. They have a demo video 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 tight on money since I got fired.

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It's worth it when you consider how much time you save not calling hundreds of times. Plus you actually get to talk to someone who can check your claim status.

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Never heard of this but anything is better than calling Washington ESD directly. Those phone lines are impossible.

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File immediately! Don't wait. Even if your claim gets denied initially, you can appeal. The worst thing you can do is wait to file because benefits don't start until you actually submit your application.

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Good point, I'll file today. How long does it usually take to hear back?

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Usually 2-3 weeks if there are no issues. But if your employer contests it, it could go to adjudication which takes longer.

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ugh the washington esd system is such a pain. i got fired too and it took them like 6 weeks to approve my claim even though it was obviously not my fault. just be prepared for a long wait and lots of frustration

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Six weeks?? I can't wait that long to get money coming in. Did you end up getting back pay for those weeks?

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yeah they paid me for all the weeks i was waiting but it was still stressful not knowing if i would get anything

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One thing to keep in mind - when you file, be honest about the circumstances of your termination. Don't try to hide that you were fired or make it sound like you quit. Washington ESD will find out anyway when they contact your employer, and being dishonest can hurt your case.

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Should I mention the part about complaining about working conditions? I'm wondering if that might help my case.

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Definitely mention it if you think it's relevant to why you were fired. It could show that the termination was retaliatory rather than for legitimate performance issues.

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Been there. Got fired from my last job for 'performance issues' but really it was because my supervisor didn't like me. Filed for unemployment and got approved after about 3 weeks. Just make sure you keep filing your weekly claims even while you're waiting for the decision.

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Wait, I have to file weekly claims before I even know if I'm approved?

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Yes! You have to file weekly claims for each week you want benefits, even during the waiting period. If you don't file them, you won't get paid for those weeks.

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This is correct. You need to file weekly claims starting from your first week of unemployment to preserve your right to benefits for those weeks.

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The Washington ESD website has a section about eligibility that explains the misconduct standards. Basically if you were trying to do your job but just weren't good at it, that's not misconduct. But if you were deliberately violating rules or being insubordinate, that could be misconduct.

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I definitely wasn't deliberately violating anything. I was trying my best but maybe I just wasn't a good fit for the position.

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That sounds like it would qualify you for benefits then. Poor fit isn't misconduct.

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Whatever you do, don't let your employer intimidate you into not filing. Some employers will try to tell you that you can't get unemployment if you're fired, but that's not true. They might contest your claim, but you still have the right to file and get a decision.

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My manager did kind of imply that I wouldn't be able to get unemployment. I'm glad I asked here first.

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Yeah, employers sometimes say that to discourage people from filing. Don't let them stop you from getting benefits you're entitled to.

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I'm dealing with something similar right now. Got fired three weeks ago and my claim is still in adjudication. It's nerve-wracking not knowing if I'll get approved or not. At least I've been filing my weekly claims like everyone says to do.

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How do you handle the stress of waiting? I'm already worried about money.

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It's tough. I've been looking for work but also trying to be patient with the process. Hopefully we both get good news soon.

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For what it's worth, I used Claimyr when I needed to check on my claim status during adjudication. Way better than trying to get through to Washington ESD on my own. The regular phone lines are basically useless with how busy they are.

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Did they help you get your claim resolved faster?

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They got me through to an agent who could actually see what was happening with my claim and explain the next steps. Worth it just for the peace of mind.

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Make sure you also start looking for work right away and keep track of your job search activities. Even if your claim is approved, you'll need to show that you're actively looking for work to keep getting benefits.

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What kind of job search activities do I need to document?

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Applications, networking, interviews, job fairs, etc. Washington ESD requires you to make a certain number of job contacts each week.

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THE WHOLE SYSTEM IS BROKEN!!! I got fired for bogus reasons and it took 2 months to get my first payment. Meanwhile I'm behind on rent and bills. Washington ESD doesn't care about working people at all.

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That's exactly what I'm afraid of. I can't go 2 months without income.

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Most cases don't take that long. It sounds like yours might have had some unusual complications.

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Just went through this myself. Filed online through the Washington ESD website and it was pretty straightforward. The hardest part was waiting for the decision. But I did get approved and got back pay for all the weeks I was waiting.

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How long did it take for you to get the decision?

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About 4 weeks total. Not too bad considering I was worried it would take longer.

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Don't forget you might also be eligible for job training programs through WorkSource if you're having trouble finding work in your field. Sometimes getting fired is a blessing in disguise if it pushes you to find something better.

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I haven't thought about training programs. That might be worth looking into.

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Yeah, they have partnerships with community colleges and can sometimes pay for certification programs while you're getting UI benefits.

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same thing happened to me last year. got fired then approved for ui after they investigated. just make sure you tell your side of the story when they ask. employers dont always tell the truth

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Did your employer contest your claim?

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yeah they tried to say i was fired for misconduct but i had documentation showing it was really about performance issues not rule violations

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The bottom line is that you have the right to file for unemployment benefits regardless of whether you were fired or laid off. Washington ESD will make the determination about whether you qualify based on the facts of your case. Don't let anyone tell you not to file.

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Thanks everyone for all the advice. I feel much more confident about filing now.

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Good luck! Hope everything works out for you.

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Remember to file your weekly claims right away and keep good records of your job search activities.

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One more thing - if you do get denied and need to appeal, don't wait. You only have a limited time to file an appeal, so act quickly if you disagree with their decision.

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How long do you have to appeal?

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I think it's 30 days from when you get the determination letter, but don't quote me on that. Check the letter for the exact deadline.

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I tried using that Claimyr thing someone mentioned earlier and it actually worked! Got through to an agent in like 10 minutes instead of calling for days. Definitely recommend it if you need to talk to someone at Washington ESD about your claim.

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Good to hear another positive review. I might try it if I run into problems.

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Yeah, especially if your claim goes into adjudication and you want to check on the status. Way less stressful than the regular phone lines.

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