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Cynthia Love

If terminated can you get unemployment benefits through Washington ESD?

My employer fired me last week for what they called 'performance issues' but I think it was really because I complained about safety violations. I've been working there for 2 years and never had any written warnings. Can I still file for unemployment benefits with Washington ESD even though I was terminated? I'm worried they'll deny my claim because I didn't quit or get laid off. Has anyone been approved for UI after being fired?

Yes, you can definitely apply for unemployment even if you were terminated. Washington ESD will determine if your termination was for 'misconduct' or not. Performance issues usually don't qualify as misconduct unless it was willful or deliberate. The key is whether you were fired for something you did wrong intentionally or if it was just not meeting expectations.

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That's a relief! So they'll investigate the reason I was fired? My boss never gave me any formal write-ups or improvement plans.

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Exactly. Washington ESD will request information from your employer about why you were terminated. No formal warnings or write-ups actually helps your case.

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been through this myself last year. got fired for being late too many times but still got approved for benefits. took about 3 weeks for them to decide but they said it wasn't misconduct since i had transportation issues

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How long did the whole process take? I need to know if I should look for other income sources while waiting.

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filed on monday, got approved the following friday but had to wait another week for first payment. so about 2-3 weeks total

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Here's what you need to know about misconduct in Washington state: It has to be willful disregard of employer's interests, deliberate violation of workplace rules, or criminal acts. Poor performance, inability to do the job, or personality conflicts don't count as misconduct. Since you mentioned safety complaints, that might actually be considered whistleblower protection.

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I documented the safety issues I reported in emails. Should I mention that when I file my claim?

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Absolutely mention it and keep those emails. Retaliation for reporting safety violations could strengthen your case significantly.

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Wait, can they really fire you for reporting safety problems? That seems illegal.

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I had trouble getting through to Washington ESD when I needed to discuss my termination situation. Spent hours on hold and kept getting disconnected. Someone on here recommended Claimyr (claimyr.com) and it actually worked - they got me connected to an agent who could explain my options. There's a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much frustration.

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Never heard of that service. Is it legit? I'm desperate to talk to someone at Washington ESD about my situation.

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Yeah it's legitimate. They just help you get through the phone system to reach an actual person. Was worth it for me since I couldn't get through on my own.

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How much does something like that cost? Money's tight right now.

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THE SYSTEM IS RIGGED!!! They'll find any excuse to deny your claim. Employers lie all the time about why they fired people and Washington ESD just believes them. I got denied three times before I finally won my appeal. Don't trust anything they tell you!

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That's terrifying. How did you finally win your appeal? What evidence did you need?

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Had to get a lawyer and fight it for 6 months. Cost me more than the benefits were worth but it was the principle!

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That's an extreme case. Most termination claims are straightforward if you weren't fired for misconduct.

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omg this is exactly what happened to my sister except she got fired for asking about overtime pay. she filed anyway and got approved. definitely apply because the worst they can do is say no

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How long ago was this? I'm wondering if they've gotten stricter lately.

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like 6 months ago? maybe 8? anyway she got her benefits no problem

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File your claim immediately. In Washington, you have to file within a certain timeframe after losing your job or you could lose benefits. Don't wait to see if you'll find another job quickly - you can always stop claiming if you find work.

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Good point. Should I file online or call? I've heard the website is easier but I have questions about my specific situation.

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Start online at esd.wa.gov. It's faster and you can always call later if you need clarification on something specific.

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depends what kind of performance issues. if you were stealing or showed up drunk thats misconduct. if you just couldnt meet quotas or made mistakes thats not misconduct

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Nothing like that - they said I wasn't meeting productivity standards but the standards kept changing every month.

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yeah sounds like you should be fine then. changing standards sounds like bad management not your fault

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Make sure when you file your claim that you explain the circumstances clearly. Don't just say 'terminated' - explain it was for performance and that you believe it was actually retaliation for reporting safety concerns. The more context you provide, the better.

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Should I attach the safety complaint emails when I file online?

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You might not be able to attach them initially, but keep them ready. If Washington ESD needs more information they'll ask for it.

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this reminds me when i got fired from my restaurant job for dropping too many plates. manager said it was costing them money but i still got unemployment because they never trained me properly on carrying multiple plates

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That's a good point about training. I never received proper training on the new software they expected me to use.

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exactly! lack of training isn't your fault. make sure you mention that

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You absolutely can get benefits after termination. I work in HR and see this all the time. Unless there's clear evidence of willful misconduct, most terminations for performance result in approved claims.

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That's reassuring coming from someone in HR. What would you consider 'clear evidence of misconduct'?

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Things like documented policy violations, theft, violence, excessive unexcused absences with warnings, or insubordination. Performance issues rarely qualify.

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just file the claim and see what happens. i wasted weeks worrying about whether i qualified and could have been getting benefits that whole time

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You're right, I'm probably overthinking this. Better to apply and find out than assume I won't qualify.

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Had a similar experience with Claimyr when I needed to talk to Washington ESD about my disqualification. Their phone system is impossible but Claimyr got me through in like 10 minutes. The agent was able to explain exactly what I needed to do to get my benefits reinstated.

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I might need to try that if I can't get through on my own. The thought of sitting on hold for hours is stressing me out.

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Trust me, it's worth it. The peace of mind from talking to an actual person who can help is huge.

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Make sure you're actively looking for work while your claim is processing. Washington requires job search activities and they check up on it. Don't want to get your benefits stopped for not meeting the work search requirements.

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How many jobs do I need to apply to each week? Is there a minimum number?

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I think it's 3 job search activities per week but check the Washington ESD website to be sure. Can be applications, networking, interviews, etc.

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whatever you do dont let them intimidate you. employers try to scare people out of filing by threatening to contest the claim. even if they contest it you can still win

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My former boss did mention something about contesting if I filed. Should I be worried about that?

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nah dont worry about it. they have to prove misconduct and it sounds like they cant. most employers dont even bother following through on contests

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Check if your state has any whistleblower protections too. If you were fired for reporting safety violations that could be illegal retaliation and you might have grounds for more than just unemployment benefits.

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I hadn't thought about that angle. Should I contact a lawyer or file a complaint somewhere?

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You could contact the Department of Labor & Industries about the safety issues and potential retaliation. They have whistleblower protections.

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i got fired for attendance issues and still got unemployment. had to go through adjudication but they approved it because i had medical reasons for some of the absences

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How long did adjudication take? I keep seeing people mention that process.

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took about 4 weeks for them to make a decision. was stressful but worked out in the end

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The key thing to remember is that unemployment insurance is there for situations exactly like yours. You lost your job through no fault of your own and need temporary income support while you look for new work. That's literally what the system is designed for.

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Thank you, that puts it in perspective. I've been feeling like I'm doing something wrong by applying.

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Not at all! You paid into this system through your paychecks. You have every right to use it when you need it.

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One more thing - if Washington ESD does initially deny your claim, don't give up. You have the right to appeal and many people win their appeals even after being denied initially. The appeals process gives you a chance to present your side of the story.

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Good to know there's a backup plan. Hopefully it won't come to that but it's reassuring.

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Appeals are actually pretty common and successful if you have a legitimate case. Don't be discouraged if you get an initial denial.

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Update us on how it goes! Always curious to hear how these situations turn out. Sounds like you have a strong case based on what you've described.

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Will do! Planning to file my claim tomorrow morning. Thanks everyone for the advice and encouragement - feeling much more confident now.

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Good luck! You've got this. Remember that most termination claims are approved as long as there wasn't clear misconduct.

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