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Mila Walker

If my job fired can I get unemployment in Washington - what are the rules?

My manager terminated me yesterday for what they called 'performance issues' but I think it was really because I complained about unsafe working conditions at our warehouse. I've been working there for 8 months and never had any formal write-ups or warnings. Can I still file for unemployment benefits through Washington ESD if I was fired? I'm really confused about whether being terminated disqualifies you or not. I need to know if I should even bother applying or if it's just going to get denied.

You can definitely apply for unemployment even if you were fired. Washington ESD will look at the reason for termination to determine if you're eligible. If it was for performance issues rather than misconduct, you'll likely qualify. The key is whether the firing was for 'misconduct connected with work' - performance problems usually don't count as misconduct.

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That's good to know! So performance issues and misconduct are different things in Washington ESD's eyes?

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Exactly. Misconduct has to be willful or deliberate violation of workplace rules. Poor performance, inability to do the job, or personality conflicts usually don't qualify as misconduct.

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i got fired from my last job for being late too many times and still got approved for UI benefits. took like 3 weeks for them to decide though, had to go through adjudication

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How long did the whole process take from filing to getting your first payment?

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about 5 weeks total, the adjudication part was the longest wait

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Since you mentioned unsafe working conditions, you might want to document that complaint if you haven't already. If Washington ESD determines you were fired for bringing up legitimate safety concerns, that could actually strengthen your case. Retaliation for safety complaints is generally not considered misconduct.

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I did email HR about the safety issues but never heard back. Should I mention this when I file my claim?

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Absolutely mention it. Keep copies of any emails or documentation about the safety concerns you raised.

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The biggest thing is getting through to someone at Washington ESD if your claim gets flagged for adjudication. I spent weeks trying to call and could never get through. Finally used Claimyr (claimyr.com) to get connected to an actual person at Washington ESD. They have this video demo that shows exactly how it works: https://youtu.be/7DieNd3C7zQ. Saved me so much frustration trying to get through on my own.

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Never heard of that before. How does it work exactly?

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It basically helps you get through the phone system to reach an actual Washington ESD agent. Way better than sitting on hold for hours or getting hung up on.

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Is it legit though? Sounds too good to be true

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Yeah it's real, I was skeptical too but it actually worked. Got through to Washington ESD same day I used it.

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File your claim ASAP regardless. Even if there's an issue with your termination, you want to get the process started. Washington ESD can't pay benefits for weeks before you file, so don't wait.

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Good point, I'll file online today. Is the Washington ESD website pretty straightforward?

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Yeah, just go to esd.wa.gov and look for the 'File a Claim' section. Have your employment info ready.

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what was your job at the warehouse? sometimes certain types of work have different rules

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I was a forklift operator and also did some inventory management. Pretty standard warehouse work.

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ok yeah that should be fine then, nothing special about those jobs for unemployment

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When you file, be honest about the circumstances but focus on the facts. Don't editorialize or get emotional about it - just state what happened. Washington ESD will investigate and make their determination based on the information from both you and your employer.

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Should I be worried about what my employer might tell them?

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They'll get the employer's side too, but if you were telling the truth about no formal warnings, that should come out in the investigation.

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The Washington ESD system is SO SLOW right now ugh. My claim has been pending for over a month

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A month?? That's crazy. Have you tried calling them?

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tried calling like 50 times, never get through. thinking about trying that claimyr thing someone mentioned

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Definitely try Claimyr if you're stuck. That's exactly the situation I used it for.

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One thing to keep in mind - even if you're approved, there might be a one-week waiting period before benefits start. Also make sure you're doing your weekly claims every week even while the initial claim is being processed.

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Wait, I have to do weekly claims before I'm even approved?

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Yes, you need to keep filing weekly claims from the first week you're unemployed. If you're approved later, they can pay you retroactively for those weeks.

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This is exactly why I hate at-will employment. They can fire you for basically anything and then you have to fight just to get the benefits you paid into.

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I mean yeah but that's why we have unemployment insurance in the first place

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True, but the whole system is designed to make it as hard as possible to actually get benefits

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For what it's worth, most people who get fired for performance issues do get approved for unemployment. The bar for 'misconduct' is actually pretty high - it has to be something like theft, violence, or deliberate violation of clear company policies.

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That makes me feel better. I definitely never did anything like that.

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Then you should be fine. Just file your claim and be patient with the process.

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make sure you apply for jobs while you wait too, they track that stuff now

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How many jobs do I need to apply for each week?

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i think its 3 per week but check the washington esd website to be sure

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It's actually 3 job search activities per week, which can include applications, networking, job fairs, etc. Keep a log of everything you do.

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honestly the hardest part is just getting through to talk to someone if there are problems. i must have called washington esd like 100 times during my adjudication

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That's what I'm worried about. What if I need to talk to someone and can't get through?

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thats when that claimyr service might be worth it. wish i had known about it back then

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I got fired from my job last year for 'attitude problems' and was approved for benefits. Took about 2 weeks. As long as you weren't stealing or doing drugs at work you're probably fine.

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Good to hear another success story. Did you have to do anything special during the process?

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Nope just filled out the application honestly and waited. They never even called me about it.

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Since you mentioned this might be retaliation for safety complaints, you might also want to consider filing a complaint with L&I (Labor & Industries) about the unsafe conditions. That's separate from unemployment but could be relevant if the employer tries to claim you were fired for legitimate reasons.

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I hadn't thought about that. Can I do both at the same time?

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Yes, they're completely separate processes. L&I handles workplace safety, Washington ESD handles unemployment benefits.

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Just want to follow up on the Claimyr thing since a few people asked about it. I used it when my claim was stuck in adjudication for weeks and I couldn't reach anyone at Washington ESD. It really does work - connects you directly to an agent instead of dealing with the busy signals and hold times. Check out their demo video to see how it works.

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Ok you convinced me, I'm gonna try it for my stuck claim

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Hope it helps! Made a huge difference for me getting my issue resolved quickly.

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Thanks everyone for all the advice! I'm going to file my claim today and keep my fingers crossed. Sounds like I have a good chance of getting approved based on what you all said.

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Good luck! Remember to keep filing those weekly claims even while you're waiting for a decision.

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And don't forget to document your job search activities from day one. You'll need that log later.

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Will do! I really appreciate everyone taking the time to help me understand the process.

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this thread was super helpful, i'm in a similar situation and was worried about applying

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Glad it helped someone else too! Definitely file your claim, seems like most people in our situation get approved.

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The system works, it's just slow and bureaucratic. Most people who deserve benefits eventually get them, it just takes patience.

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Easy to say when you're not worried about paying rent next month

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Fair point, the waiting period is definitely stressful when you need the money

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Final tip: if your claim does get approved, you'll get a monetary determination letter that shows your weekly benefit amount and how many weeks you're eligible for. Keep that letter safe - you'll need it for reference throughout your claim period.

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How long do benefits typically last?

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Standard unemployment benefits last up to 26 weeks in Washington, but it depends on your work history and earnings.

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