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Molly Hansen

If get fired can collect unemployment - Washington ESD eligibility question

Got terminated from my job last week and wondering if I can still file for unemployment benefits with Washington ESD. My supervisor said it was due to 'performance issues' but honestly I think they just wanted to cut costs. I've been working there for almost 2 years and never had any formal write-ups or warnings. Can you still get UI benefits if you get fired? What does Washington ESD consider when they review these cases?

It depends on WHY you were fired. Washington ESD looks at whether it was 'misconduct' or not. Performance issues usually don't count as misconduct unless you were deliberately not doing your job or violating company policies.

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They never gave me any formal warnings though, just said my numbers weren't meeting expectations. Does that help my case?

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Yes, that actually helps a lot. If they didn't follow progressive discipline or give you a chance to improve, it's less likely to be considered misconduct.

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I got fired from my last job too and still got approved for benefits. The key is being honest on your application about what happened.

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What did you put as the reason for separation on the Washington ESD application?

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I selected 'discharged/fired' and then explained in the comments section exactly what my employer told me.

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Here's what Washington ESD considers misconduct: willful violation of company rules, criminal acts, or deliberately poor performance. If you were trying your best but just couldn't meet their standards, that's usually not misconduct.

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What if they say you were 'insubordinate' but you were just asking questions about policies?

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Asking legitimate questions about work policies isn't insubordination. Washington ESD looks at the specific circumstances, not just what the employer claims.

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Been trying to call Washington ESD for weeks about my own fired situation but can't get through. The phone system is impossible! Anyone have luck actually talking to someone there?

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I had the same problem until I found this service called Claimyr that helps you get through to Washington ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Really? How does that work exactly? I've been calling every day at 8am and still can't get through.

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Check out claimyr.com - they basically handle the calling process for you so you don't have to sit on hold forever. Way easier than trying to get through yourself.

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same thing happened to me got fired for attendance but it was because of my kids being sick all the time, still got my benefits approved

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Did Washington ESD ask for documentation about your kids being sick?

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no they just asked my employer for their side and I guess what I said made sense

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The important thing is that Washington ESD will contact your employer to get their version of why you were fired. They don't just take the employer's word for it - they investigate both sides.

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How long does that investigation usually take? My claim has been pending for 2 weeks now.

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It can take anywhere from 2-6 weeks depending on how quickly your employer responds to Washington ESD's request for information.

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I'm so worried about this whole process. What if my employer lies about why I was fired? They already tried to say I quit when I definitely got terminated.

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Keep any documentation you have - termination letter, emails, text messages. Washington ESD wants to see evidence, not just he-said-she-said.

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I have the termination letter that says 'performance' as the reason. Should I upload that to my Washington ESD account?

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They make it so hard to get benefits even when you deserve them. I got fired for 'attitude problems' which was just me standing up for myself.

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I feel you on the frustration but most people do get approved if they were fired for non-misconduct reasons.

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MAYBE but they make you jump through so many hoops and wait forever for an answer

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quick question - do you still have to do job searches while your claim is being reviewed for the firing situation?

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Yes, you need to keep filing weekly claims and doing your job search activities even during the adjudication process.

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thanks, wasn't sure about that part

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This reminds me of when I got fired from my restaurant job back in 2019. Manager said I was stealing but I was just taking home leftover food that was going to be thrown away anyway. Washington ESD approved my claim because there was no evidence of actual theft and it wasn't clearly communicated that taking leftovers was against policy.

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That's helpful to know. So they really do look at the details and not just assume the employer is right.

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Exactly. They investigate thoroughly. Just be completely honest about what happened when you file.

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been there done that

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What was your experience like?

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got approved after about 3 weeks, employer tried to fight it but didn't have good documentation

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Make sure you file your application as soon as possible. Don't wait thinking you might not qualify - let Washington ESD make that determination.

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I already filed online but haven't heard anything back yet. How will I know if they need more information?

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They'll send correspondence through your online account or by mail if they need additional details. Check your account regularly.

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Anyone else having trouble getting through to Washington ESD to check on their claim status? I've been calling for days with no luck.

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I mentioned this earlier but Claimyr really helped me get through when I couldn't reach them myself. Worth checking out if you're stuck.

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I'll look into that, thanks. Getting really frustrated with the busy signals.

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From what I understand, Washington ESD has pretty specific criteria for what counts as misconduct. Being bad at your job isn't automatically misconduct if you were trying.

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That's right. Misconduct has to be willful or deliberate. Poor performance due to lack of skills or ability usually doesn't qualify.

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This is really reassuring. I was definitely trying my best, just couldn't keep up with their quotas.

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hope everything works out for you! the waiting is the worst part but most people get approved if they were genuinely fired without cause

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Thank you, I appreciate the encouragement. Just trying to stay positive while I wait for Washington ESD to make their decision.

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I got fired for being late too many times but it was because my bus route changed and I couldn't afford a car. Washington ESD still approved me because they said transportation issues weren't willful misconduct.

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That's interesting - I didn't know they took circumstances like that into account.

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They look at whether you had control over the situation. If it's something beyond your reasonable control, it's usually not misconduct.

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The adjudication process can be stressful but Washington ESD is generally fair about these determinations. Just make sure you respond promptly to any requests for additional information.

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How will I know if they need more info from me? Should I be checking my account daily?

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Yes, check your online account regularly and also watch for mail. They use both methods to communicate during the adjudication process.

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If your employer contests your claim, you might have to participate in a phone hearing. Don't panic if that happens - just be honest and stick to the facts.

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A hearing sounds scary. What's that like?

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It's just a conference call with an administrative law judge. You and your employer each get to tell your side of the story. Keep it factual and don't get emotional.

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Good luck with your claim! Being fired doesn't automatically disqualify you from unemployment benefits. Washington ESD looks at the specific circumstances of each case.

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Thanks everyone for all the helpful information. I feel much better about my chances now.

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One last tip - if you do get denied initially, you can appeal the decision. Don't give up if the first determination doesn't go your way.

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How long do you have to file an appeal if needed?

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You have 30 days from the date of the determination letter to file an appeal with Washington ESD.

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