If fired can you collect unemployment - Washington ESD eligibility question
Got terminated from my retail job last Friday for what they called 'performance issues' but I think it was really because I complained about scheduling conflicts. Can I still file for unemployment benefits with Washington ESD if I was fired? I've been working there for 8 months and this is my first time dealing with unemployment. Really stressed about how I'm going to pay rent next month.
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Malik Davis
Yes, you can absolutely apply for unemployment benefits after being fired - it depends on the specific circumstances. Washington ESD will investigate whether you were terminated for 'misconduct' or not. Performance issues usually don't qualify as misconduct unless it was willful or deliberate negligence.
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Emma Thompson
•That's a relief to hear. How do I prove it wasn't misconduct? They didn't give me any written warnings before firing me.
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Malik Davis
•Document everything you remember - dates, conversations, any emails or texts. The lack of progressive discipline actually works in your favor. File your claim ASAP since there's a waiting period.
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Isabella Santos
I got fired for attendance issues last year and still got approved for UI benefits. The key is being honest when you file your claim with Washington ESD. They'll contact your employer and investigate both sides of the story.
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Emma Thompson
•How long did the investigation take? I'm worried about the bills piling up while they decide.
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Isabella Santos
•Mine took about 3 weeks for adjudication. You should file immediately though - benefits are backdated to when you first file, not when they approve it.
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StarStrider
Had the same situation happen to me - 'performance issues' that came out of nowhere after I raised concerns about safety violations. Filed for unemployment and got approved after they investigated. The employer has to prove misconduct, not the other way around.
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Emma Thompson
•Did you have to go through an appeal process or anything?
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StarStrider
•Nope, got approved on the first review. Make sure to mention the retaliation angle when you file - that definitely helped my case.
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Ravi Gupta
If you're having trouble getting through to Washington ESD to file your claim or check status, I discovered this service called Claimyr that helps you reach agents by phone. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of busy signals when I needed to resolve my adjudication issue.
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Emma Thompson
•Is this legitimate? I'm nervous about using third-party services for something this important.
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Ravi Gupta
•Yeah it's legit - you can check it out at claimyr.com. They don't ask for your personal info, just help you get connected to Washington ESD phone lines when they're swamped.
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Freya Pedersen
FIRED FOR PERFORMANCE BUT REALLY RETALIATION?? This happens ALL THE TIME! Employers know they can get away with it because most people don't fight back. Document EVERYTHING and don't let them intimidate you!
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Emma Thompson
•You're right - I should have seen this coming when I complained about the scheduling. Wish I had documented more.
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Malik Davis
•It's not too late to document what you remember. Write down dates, witnesses, specific incidents. This could be useful for both your UI claim and potentially a retaliation case.
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Omar Hassan
yeah filed after getting fired and it worked out fine
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Emma Thompson
•That's good to know, thanks for sharing.
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Malik Davis
Just to clarify the process: You'll file your initial claim online through Washington ESD's website. During the filing, there's a section where you'll explain the circumstances of your separation. Be detailed but factual about the performance issues and the retaliation angle. The employer gets notified and has a chance to respond.
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Emma Thompson
•Should I mention that other employees complained about the same scheduling issues but didn't get fired?
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Malik Davis
•Absolutely - that supports the retaliation theory. Include names if you have them and are comfortable sharing.
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Chloe Anderson
•This is exactly what happened to me at my warehouse job. Mentioned it in my UI application and got approved without any issues.
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Emma Thompson
Update: Just submitted my initial claim online. It was easier than I expected but now I'm seeing 'Pending' status. How long before I know if it's approved?
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Isabella Santos
•Could be anywhere from 1-4 weeks depending on if they need to do adjudication. Since you were fired, they'll probably investigate.
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StarStrider
•Keep checking your account daily and make sure to do your weekly claims even while it's pending. Don't want to miss any filing deadlines.
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Diego Vargas
I got fired from three different jobs and collected unemployment each time lol. As long as it wasn't for stealing or something really bad you should be fine.
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Emma Thompson
•Three times? What kinds of jobs were they?
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Diego Vargas
•Restaurant, call center, retail. Performance stuff mostly. Never had a problem getting benefits.
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Malik Davis
One important thing to remember - even if your employer contests your claim initially, you have appeal rights if you're denied. Many people give up too early in the process. The appeal hearing is where you can really present your side of the story with evidence.
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Emma Thompson
•Good to know I have options if this doesn't go well initially. Feeling a bit more confident now.
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CosmicCruiser
This whole thread is making me feel better about my situation. Got 'laid off' last month but I think it was really because I wouldn't work unpaid overtime. Filed for UI but haven't heard back yet.
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Emma Thompson
•How long ago did you file? I just submitted mine yesterday.
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CosmicCruiser
•About 2 weeks ago. Still showing under review but my friend said that's normal for contested claims.
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Ravi Gupta
For anyone struggling to get through to Washington ESD phone lines to check on claim status - seriously check out that Claimyr service I mentioned earlier. The phone system is completely overloaded right now and this actually worked for me when I needed to talk to someone about my adjudication.
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Anastasia Fedorov
•How much does it cost? I'm already strapped for cash.
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Ravi Gupta
•I don't want to get into pricing here but it was worth it for me to avoid spending all day calling and getting nowhere. Check their site at claimyr.com for details.
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Sean Doyle
Been there OP. Got canned for 'attitude problems' which was really code for questioning safety protocols. Washington ESD sided with me after investigation. The system actually works sometimes!
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Emma Thompson
•That gives me hope! Did your employer try to fight it hard?
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Sean Doyle
•They submitted their response but didn't have much evidence of actual misconduct. Sounds like your situation is similar.
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Zara Rashid
make sure u do the weekly claims even while its pending!!! I forgot to do mine for 2 weeks and had to fix it later
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Emma Thompson
•Good reminder, thanks! I'll set a calendar reminder for every Sunday.
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Malik Davis
Quick reminder about job search requirements - even while your claim is pending, you need to be actively looking for work and logging your job search activities. Washington ESD requires 3 job search activities per week once you start receiving benefits.
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Emma Thompson
•Do I need to start logging job searches now while it's still pending approval?
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Malik Davis
•Technically not until you're approved and receiving benefits, but it's good practice to start now. Shows good faith if any questions come up later.
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Luca Romano
Same thing happened to my sister - 'performance issues' after she complained about discrimination. She got her benefits approved and the company eventually settled her discrimination complaint too. Don't let them push you around!
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Emma Thompson
•I hadn't even thought about filing a discrimination complaint. The scheduling thing might qualify since it was affecting work-life balance.
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Luca Romano
•Definitely look into it. The timing of your termination right after complaining is pretty suspicious.
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Nia Jackson
Washington ESD is pretty fair about fired employees getting benefits. They know the difference between real misconduct and employer retaliation. Just be honest in your application and you should be fine.
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Emma Thompson
•Thanks for the reassurance. This whole process is more stressful than I expected.
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StarStrider
One more tip - if your claim gets approved, your former employer's unemployment insurance rates can go up, which is why they sometimes contest claims even when they know they're wrong. Don't take it personally if they fight it.
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Emma Thompson
•That explains why they might contest it even though they know I didn't do anything wrong. Good to understand the motivation.
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NebulaNova
Just want to add that being fired doesn't automatically disqualify you from unemployment. I see this misconception a lot. The law protects workers from retaliation and unfair termination when it comes to UI benefits.
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Emma Thompson
•Yeah I was worried I wouldn't be eligible at all just because I got fired instead of laid off.
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NebulaNova
•Nope, totally different things. Laid off is usually economic reasons, fired can still qualify depending on the circumstances.
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Mateo Hernandez
OP update us when you hear back! I'm curious how this turns out since I might be in a similar situation soon.
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Emma Thompson
•Will do! Hoping to hear something in the next week or two. I'll post an update when I know more.
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