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Liam Murphy

If you are fired can you claim unemployment - Washington ESD rules?

I got terminated from my job last Friday and I'm really confused about whether I can file for unemployment benefits through Washington ESD. My manager said it was due to 'performance issues' but I feel like they were just looking for reasons to let me go. Does being fired automatically disqualify you from UI benefits in Washington? I've been working there for almost 2 years and never had any write-ups or formal warnings. Really need to know if it's even worth applying or if Washington ESD will just deny my claim automatically.

You can definitely still file for unemployment even if you were fired. Washington ESD doesn't automatically deny claims just because you were terminated. The key question is whether you were fired for 'misconduct' - which has a very specific legal definition. Performance issues usually don't count as misconduct unless they involved willful violations of company policy.

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That's reassuring to hear. They mentioned performance but never gave me any formal warnings or put me on a performance improvement plan. Should I mention that in my application?

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Absolutely mention the lack of formal warnings. Washington ESD looks at whether the employer followed progressive discipline policies. Document everything you can remember about your termination meeting too.

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same thing happened to me a few months ago, got fired for being 'late too often' even though I was only late like 3 times. Filed anyway and got approved after they did an investigation

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How long did the investigation take? I'm worried about how I'll pay rent while waiting for a decision.

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took about 3 weeks for them to make a decision but I got backpay for the whole time so it worked out

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The misconduct standard in Washington is pretty high. They have to prove you willfully violated company rules or were grossly negligent. Poor performance by itself usually isn't enough. I'd definitely apply - worst case scenario they deny it and you can appeal. But if you've been paying into the system for 2 years, you deserve a fair shot at benefits.

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This is exactly right. I work in HR and we rarely contest unemployment claims for performance issues unless there was clear policy violation or insubordination involved.

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Thank you both. I was worried I'd be wasting my time applying but it sounds like I have a decent chance of getting approved.

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Had a nightmare trying to get through to Washington ESD when my claim went to adjudication after being fired. Spent literally hours on hold every day for weeks. Finally found this service called Claimyr that calls for you and gets you connected to an actual agent. Game changer - got through in like 20 minutes and sorted out my whole situation. They have a demo video at https://youtu.be/7DieNd3C7zQ if you want to see how it works.

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Never heard of that service before. How much does it cost to use?

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I'd rather not discuss pricing in detail but it was totally worth it compared to the stress of trying to call myself. Check out claimyr.com for more info.

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Sounds too good to be true honestly. Why would you need to pay someone to make a phone call?

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FILE IMMEDIATELY! Don't wait around wondering if you qualify. Washington ESD will make that determination during the adjudication process. Even if your employer contests it, you still have appeal rights. The worst thing you can do is delay filing because you can't get benefits for weeks before you applied.

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Good point about filing right away. I was going to wait until I had all my documentation together but maybe I should just submit the application now.

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YES! File today if possible. You can always provide additional documentation later if Washington ESD requests it during their review.

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ugh the whole system is such a mess. they make it impossible to get ahold of anyone and then wonder why people get frustrated

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I hear you but complaining doesn't help anyone. OP needs actual advice about their situation.

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fair enough, just venting because I went through the same runaround

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One more thing to consider - make sure you're prepared for your weekly claims once you file. Washington ESD requires you to actively search for work and document your job search activities. Don't let that part trip you up after you get approved.

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What exactly do I need to document for the job search requirement?

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You need to make at least 3 job contacts per week and log them in the system. Can be applications, networking, interviews, job fairs, etc. Keep detailed records with dates and contact info.

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Just went through this exact situation last month. Got fired for 'attitude problems' which was basically just me pushing back on unreasonable demands. Applied for UI benefits anyway and Washington ESD approved me after interviewing both me and my former employer. Don't let them intimidate you out of applying.

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Did your employer fight the claim? I'm worried mine will try to contest it out of spite.

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They did contest it initially but Washington ESD saw through their BS. As long as you're honest about what happened, you should be fine.

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whatever you do dont mention anything about attendance issues if you had any. stick to the performance narrative

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That's terrible advice. You should always be completely honest on your application. Lying will get you in much more trouble than whatever the original issue was.

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not saying lie, just saying dont volunteer information that hurts your case

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I'm dealing with something similar right now. Got let go two weeks ago and my claim is still in adjudication. The waiting is killing me financially. Anyone know how to speed up the process?

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This is exactly when Claimyr saved me. Instead of waiting weeks for adjudication, I was able to speak with an agent who expedited my case. Seriously worth checking out their service.

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I might have to look into that if this drags on much longer. The uncertainty is worse than anything.

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Been through this dance with Washington ESD multiple times unfortunately. The key is having your story straight and being able to explain why the termination was unfair or not your fault. Performance issues are usually winnable if you can show the employer didn't follow proper procedures.

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What kind of documentation should I gather to support my case?

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Any employee handbook info about progressive discipline, email communications about your performance, witness statements from coworkers if possible. Anything that shows they didn't follow their own policies.

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Quick question - do you have to be actively looking for work while your claim is being adjudicated? Or does that only start after you're approved?

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You need to start the job search requirement immediately, even during adjudication. If you're eventually approved, they'll expect you to have been looking for work the whole time.

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Thanks for clarifying that. I was wondering if I could just wait to see what happens first.

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My brother got fired for poor performance and still got benefits. Washington ESD really does look at each case individually. The employer has to prove actual misconduct, not just that they didn't like your work.

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That gives me hope. I really don't think what happened to me rises to the level of misconduct.

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The system is designed to be confusing and make people give up. Don't let them win. File your claim and fight for what you've earned through your payroll taxes.

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This attitude is why the system is so backed up. Not every termination deserves benefits.

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And that's exactly the kind of thinking that lets employers get away with unfair treatment. The system exists for a reason.

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Pro tip: when you file your claim, be very specific about the circumstances of your termination. Vague answers will just lead to more questions and delays in the adjudication process.

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Should I mention that I think the real reason was they wanted to hire someone cheaper?

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Only if you have evidence to support that. Stick to facts you can prove rather than speculation about their motives.

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Just remember that even if your initial claim gets denied, you can still appeal the decision. I've seen plenty of cases where the appeal was successful even when the initial determination wasn't favorable.

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How long do you have to file an appeal if you get denied?

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You have 30 days from the date of the determination notice to file your appeal. Don't wait until the last minute though.

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honestly i wish i had known about services like claimyr when i was dealing with this stuff. would have saved me so much stress trying to get through to washington esd

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I'm definitely going to keep that option in mind if I run into problems getting through to them.

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Bottom line: being fired doesn't automatically disqualify you from unemployment benefits. The burden is on your employer to prove misconduct. File your claim and let Washington ESD make the determination based on the facts.

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Thank you everyone for all the advice. I'm going to file my application tonight and see what happens. Really appreciate the help!

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Good luck! Come back and update us on how it goes. Your experience might help the next person in the same situation.

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