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Debra Bai

If you are fired can you collect unemployment benefits in Washington?

Got terminated from my job last week and I'm not sure if I can even apply for unemployment benefits. My supervisor said it was due to performance issues but I feel like they were looking for reasons to get rid of me. I've been working there for almost 2 years and never had any written warnings or formal disciplinary action. Can you still get Washington ESD benefits if you're fired? What do I need to know before I file my claim?

Yes, you can usually collect unemployment even if you were fired, but it depends on the reason. Washington ESD will investigate whether you were terminated for 'misconduct' or just poor performance. If it's performance-related and not willful misconduct, you should be eligible.

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That's a relief! How do they determine if it's misconduct vs performance? I was never written up or anything.

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Washington ESD looks at whether you intentionally violated company policy or were just unable to meet job requirements. No write-ups actually helps your case.

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I was in the same situation last year. Filed my claim and initially got denied because my employer said I was fired for cause. Had to go through the whole appeals process but eventually won. The key is being honest about what happened when you file.

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How long did the appeals process take? I'm worried about being without income for months.

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Took about 6 weeks total, but I did get backpay once it was approved. Make sure you keep filing your weekly claims even during the appeal.

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You should definitely file your claim right away. Don't wait thinking you might not be eligible. Let Washington ESD make that determination. When you file, be completely honest about being terminated and explain your side of the story.

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Should I mention that I think they were looking for reasons to fire me? Or just stick to the facts?

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Stick to facts but definitely mention if you feel the termination was unfair. Washington ESD will contact your employer to get their side too.

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Had a friend who couldn't get through to Washington ESD for weeks after being fired. Finally used this service called Claimyr (claimyr.com) that helped him get connected to an actual person. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out if you have trouble reaching them.

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Never heard of that before. Did it actually work for him?

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Yeah, he said it was way better than trying to call on his own. Got through the same day he tried it.

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The Washington ESD phone system is absolutely terrible right now. I've been trying to get through for two weeks about my claim being stuck in adjudication. It's ridiculous that we can't even talk to someone when we need help.

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Try calling right when they open at 8am. That's when I had the most luck getting through.

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I've tried that multiple times and still can't get past the busy signal. The whole system is broken.

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When you file, make sure you have all your employment info ready - start date, end date, reason for separation, your supervisor's name. The online application will ask for all of this and it's easier if you have it prepared.

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Do I need pay stubs or anything like that when I file?

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Not for the initial filing, but keep them handy in case Washington ESD asks for verification later. Also keep any documentation about your termination.

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been fired twice and got unemployment both times. first time they didn't even contest it. second time had to wait for adjudication but still got approved. just be honest about what happened

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How long did adjudication take the second time?

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about 3 weeks but this was before covid so might be different now

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One thing to remember - even if your employer contests your claim, you can still receive benefits while Washington ESD investigates. They'll schedule a fact-finding interview with both you and your employer to determine eligibility.

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What happens during the fact-finding interview? Should I prepare anything specific?

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They'll ask about the circumstances of your termination. Just be honest and stick to the facts. If you have any emails or documentation about your performance, keep those ready.

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The worst they can do is deny your claim, and even then you can appeal. I'd rather file and get denied than not file at all and wonder what would have happened. You've got nothing to lose by trying.

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That's true. I guess I'm just worried about wasting time if I'm not eligible anyway.

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Filing takes like 20 minutes online. Even if there's only a 50% chance you'll get approved, it's worth the time investment.

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Make sure you file within the first week after losing your job. There's a waiting period anyway, but you don't want to delay getting the process started. The sooner you file, the sooner you might start receiving benefits.

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Is there a deadline for filing? Like do I have to file within a certain number of days?

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No hard deadline, but benefits start from when you file, not when you lost your job. So filing late means losing potential benefit weeks.

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Washington ESD takes termination cases pretty seriously. They don't just take your employer's word for it. I've seen people get approved even when their employer fought it hard. The key is that you weren't terminated for willful misconduct.

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What counts as willful misconduct? I'm trying to figure out if my situation would qualify.

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Things like theft, insubordination, fighting, being drunk at work. Poor performance or not being able to do the job usually doesn't count as misconduct.

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I got fired for attendance issues but still got unemployment. Washington ESD said it wasn't misconduct because I had medical reasons for some of the absences. Even if you think your firing was justified, you might still be eligible.

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That's interesting. I never thought about medical issues affecting the decision.

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Yeah, they look at the whole situation, not just the surface reason. Definitely worth filing to see what they say.

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Just remember that if you do get approved, you'll need to do the job search requirements and file your weekly claims on time. Missing those can cause your benefits to stop even if you were initially approved.

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How many jobs do you have to apply for each week?

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I think it's 3 job contacts per week in Washington, but check the current requirements when you file. They might have changed it recently.

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If you're having trouble getting through to Washington ESD by phone, that Claimyr service someone mentioned earlier actually works. Used it myself when my claim got stuck and I needed to talk to someone. Way better than sitting on hold for hours.

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Is it expensive to use? I'm already worried about money.

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It's worth it if you really need to talk to someone and can't get through on your own. Sometimes you just need that human contact to resolve issues.

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File your claim online at washington esd website. The process is pretty straightforward and they walk you through each step. Don't overthink it - just answer the questions honestly and see what happens.

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Thanks everyone for all the advice. I'm going to file tomorrow morning and see what happens.

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Good luck! Remember to keep filing those weekly claims even if your initial claim is under review.

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Even if your employer contests it, don't give up. I had to go through two levels of appeals but eventually got my benefits. The system is designed to help people who lose their jobs through no fault of their own.

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How did you handle the appeals process? Did you need a lawyer?

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No lawyer needed. Just presented my case honestly and had documentation to back up my version of events. Washington ESD was fair about it.

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The most important thing is to file right away and be completely honest about what happened. Washington ESD will figure out if you're eligible - that's their job, not yours to decide.

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You're right. I've been overthinking this. Better to try and get denied than not try at all.

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Exactly! And even if you get denied initially, you can always appeal. Don't let fear of rejection stop you from trying.

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One more tip - when you file, make sure you select the correct reason for separation. 'Discharged/fired' is different from 'quit' and it matters for your claim. Be specific about the circumstances.

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Good point. I definitely want to make sure I don't accidentally say I quit when I was actually fired.

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Right, that could hurt your chances. The application will ask specifically about the reason for separation, so just be accurate.

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Another option if you can't reach Washington ESD by phone is to try that service people mentioned - Claimyr. Friend of mine used it last month when he got fired and needed to check his claim status. Said it was super easy to use.

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I'm definitely going to keep that in mind if I run into issues. Thanks for mentioning it again.

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No problem. Sometimes you just need to talk to an actual person to get things resolved, and their regular phone system is nearly impossible.

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Bottom line - being fired doesn't automatically disqualify you from unemployment benefits in Washington. Performance issues are usually not considered misconduct. File your claim and let Washington ESD make the determination. Good luck!

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Thanks everyone for all the help and encouragement. I feel much better about filing now.

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You're welcome! Hope everything works out for you. The system isn't perfect but it's there to help people in situations like yours.

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