< Back to Washington Unemployment

Miles Hammonds

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

My supervisor terminated me yesterday for what they called 'poor performance' but I think it was really because I questioned some safety issues at work. Can I still file for unemployment with Washington ESD if I was fired? I've heard conflicting information about whether you can get benefits if you're terminated vs if you quit. I'm really stressed about this because I have rent due next week and need to know if I should even bother applying.

Yes, you can absolutely apply for unemployment even if you were fired! Being terminated doesn't automatically disqualify you from Washington ESD benefits. The key factor is whether you were fired for 'misconduct' - and poor performance usually doesn't count as misconduct unless it was willful or deliberate.

0 coins

That's a relief to hear. How do I know if what they fired me for counts as misconduct? They said I wasn't meeting productivity standards but I was trying my best.

0 coins

Misconduct has to be willful violation of company policy or deliberate wrongdoing. Not being able to meet performance standards despite trying isn't misconduct - file your claim!

0 coins

I got fired from my last job too and still got benefits. Washington ESD looks at the reason behind the termination. If you weren't stealing, fighting, or doing drugs at work you're probably fine.

0 coins

How long did it take for your claim to get approved? I'm worried about the waiting period.

0 coins

Mine took about 3 weeks because they had to do an adjudication to review the firing. But I got approved and even got back pay for those weeks.

0 coins

Definitely apply right away! Even if your employer contests it, you have rights. I had trouble getting through to Washington ESD when my claim went into adjudication after being fired. Kept calling for days and either got busy signals or got disconnected after waiting on hold. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made the whole process so much easier.

0 coins

Thanks for the tip! I'm definitely going to need to talk to someone at Washington ESD about my situation since it's complicated.

0 coins

Never heard of that service but honestly anything that helps get through to ESD sounds worth it. Their phone system is terrible.

0 coins

The Washington ESD will investigate your termination during something called adjudication. They'll contact both you and your employer to get both sides of the story. Document everything about why you were fired and any evidence that shows it wasn't misconduct.

0 coins

Should I gather emails or write down what happened? I do have some texts from my supervisor about the performance issues.

0 coins

Yes! Keep everything - emails, texts, performance reviews, any documentation. Also write down dates and details while they're fresh in your memory.

0 coins

And if you mentioned safety issues, definitely document that too. Retaliation for safety complaints could actually work in your favor.

0 coins

I'm so confused about all this. I thought if you got fired you couldn't get unemployment at all? This is all new to me and I'm panicking about money.

0 coins

That's a common misconception! You can get fired and still receive benefits as long as it wasn't for misconduct. Don't panic - just file your claim as soon as possible.

0 coins

Okay thank you. I'll file online tonight. Do I need to wait to hear back before I can start getting money?

0 coins

You have to file weekly claims even while your initial claim is being processed. You'll get paid for those weeks once you're approved.

0 coins

THE SYSTEM IS RIGGED ANYWAY! Employers lie all the time to try to block unemployment claims. I got fired for 'attendance issues' even though I was sick with covid and they still tried to deny my benefits. Fight everything they say!

0 coins

Did you end up getting your benefits approved? How did you fight it?

0 coins

Yeah I won my appeal but it took MONTHS. Had to provide medical records and everything. The whole system is designed to wear you down so you give up.

0 coins

Quick question - do you have to be looking for work while your termination claim is being reviewed? I never understood that part.

0 coins

Yes, you still need to do your job search activities and report them on your weekly claims. The work search requirement doesn't stop just because you're in adjudication.

0 coins

Got it, thanks. I always forget about that requirement.

0 coins

The fact that you mentioned safety issues could be really important here. Washington has strong protections for workers who report safety concerns. If they fired you in retaliation for that, it would definitely be wrongful termination and you'd qualify for benefits.

0 coins

I did bring up some OSHA violations to my manager about a month before they fired me. Do you think that's connected?

0 coins

Very possibly! Make sure to mention that to Washington ESD during your interview. They take retaliation claims seriously.

0 coins

You might also want to file a complaint with L&I about the safety issues separately from your unemployment claim.

0 coins

Just want to echo what others said - file immediately! Don't let your employer scare you into thinking you can't get benefits. I've seen too many people wait weeks thinking they weren't eligible when they actually were.

0 coins

Thank you everyone for the encouragement. I was really worried I had no options.

0 coins

You've got this! The worst they can do is say no, but from what you've described it sounds like you have a good case.

0 coins

Been through this exact situation. Got fired for 'not being a good fit' which is basically code for we don't like you but can't prove misconduct. Washington ESD approved my claim after about 4 weeks of adjudication.

0 coins

4 weeks is a long time to wait when you need money now. How did you survive financially during that time?

0 coins

Had to borrow money from family and use credit cards. But once I got approved I got back pay for all those weeks so it worked out.

0 coins

Make sure when you file your claim you're completely honest about being terminated. Don't try to make it sound like you quit or anything like that. Washington ESD will find out the truth anyway and lying will hurt your case.

0 coins

Good point. I'll be completely upfront about what happened and let them decide.

0 coins

Exactly. Honesty is always the best policy with unemployment claims.

0 coins

Update on my earlier comment about Claimyr - I ended up using them again when I had questions about my weekly claims. Super helpful for getting through to Washington ESD agents when you need to talk to someone about your specific situation. Worth checking out if you run into issues.

0 coins

How much does something like that cost? I'm already tight on money.

0 coins

It's really reasonable compared to the stress of trying to get through on your own. Check their website for current info - claimyr.com

0 coins

One thing to keep in mind is that your employer might contest your claim even if they don't have grounds to. Some companies automatically contest every unemployment claim hoping people won't fight back. Don't let that discourage you.

0 coins

What happens if they contest it? Do I need a lawyer?

0 coins

No lawyer needed! Washington ESD will schedule a hearing where both sides can present their case. You can represent yourself and many people do.

0 coins

The hearings are usually done over the phone now which makes it easier. Just be prepared to explain your side clearly.

0 coins

I work in HR and can tell you that 'poor performance' terminations rarely qualify as misconduct unless there was willful negligence or refusal to follow clear instructions. Sounds like you should be fine for benefits.

0 coins

That's reassuring coming from someone who knows the employer side. I was doing my best but maybe wasn't the right fit for the role.

0 coins

Exactly - not being the right fit isn't misconduct. Companies can fire for any reason but that doesn't disqualify you from unemployment.

0 coins

Don't forget you can also look into other assistance programs while you're waiting for unemployment approval. Food banks, utility assistance, etc. Every little bit helps when money is tight.

0 coins

Good thinking. I should probably look into 211 and see what's available in my area.

0 coins

Yes! 211 is a great resource. Also check with local churches and community organizations.

0 coins

Quick tip - when you do your weekly claims make sure to keep track of all your job search activities. Washington ESD requires 3 job search activities per week and they can audit you at any time.

0 coins

3 activities per week? What counts as a job search activity?

0 coins

Applying for jobs, networking events, job fairs, contacting employers, even some online training courses. Keep detailed records of everything.

0 coins

I hate to be negative but be prepared for this to take longer than you want. The adjudication process can be slow especially if your employer provides a lot of documentation. Just stay patient and keep filing your weekly claims.

0 coins

How long is 'longer than you want'? I'm already stressed about paying bills next week.

0 coins

Could be anywhere from 2-8 weeks depending on complexity. I know that's not what you want to hear but better to be prepared.

0 coins

Just wanted to add that if you do get approved, you'll receive benefits for the waiting week and all the weeks you filed claims during adjudication. So don't skip filing weekly even though you're not getting paid yet.

0 coins

Good to know! I was wondering if those weeks would be lost. Thanks for clarifying.

0 coins

Nope, you'll get paid for all of them once approved. That back pay can be a nice chunk of money when it finally comes through.

0 coins

Has anyone mentioned that you should also file for food assistance and other benefits while you're waiting? SNAP, WIC if you qualify, housing assistance, etc. Being unemployed opens up eligibility for various programs.

0 coins

I hadn't thought about SNAP. Do I qualify if I'm still waiting to hear about unemployment?

0 coins

Yes! SNAP looks at current income, not potential future unemployment benefits. If you have little to no income right now, you likely qualify.

0 coins

This whole thread has been super helpful. I'm in a similar situation and was afraid to file thinking I wouldn't qualify. Definitely going to submit my application tonight.

0 coins

Same here! It's nice to know other people have been through this and come out okay.

0 coins

Good luck to both of you! Remember that unemployment benefits exist for exactly these situations.

0 coins

Final thought - document everything about your termination while it's fresh in your mind. Write down dates, what was said, who was present, any relevant emails or texts. This will be invaluable if your claim gets contested and you need to present your case.

0 coins

Great advice. I'm going to sit down tonight and write everything out while I still remember all the details clearly.

0 coins

Smart move. Having good documentation can make the difference between approval and denial in borderline cases.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today