If you fire someone can they collect unemployment - Washington ESD rules?

What exactly counts as misconduct then? I have documentation of missed deadlines and being late multiple times.

Misconduct has to be willful or intentional violation of company policy. Poor performance alone usually isn't enough for Washington ESD to deny benefits.

Is there a way to contest it if I think it's unfair? I really tried to work with this employee before letting them go.

You can protest the claim when Washington ESD sends you the notice. Include all your documentation about the performance issues and termination reasons.

How detailed should my response be? I have performance reviews and attendance records going back 6 months.

Include everything - attendance records, performance reviews, written warnings, improvement plans if you had them. Be specific about dates and incidents.

This is super helpful! I'm dealing with a similar situation and wasn't sure what documentation to keep.

Interesting, I've never heard of that. Did it actually help you get your issue resolved?

Yeah, got connected to an agent within an hour instead of spending days trying to call. Was able to provide my documentation and get my protest properly filed.

How much does something like that cost? Sounds too good to be true.

They don't mention pricing upfront but honestly it was worth it to actually talk to someone at Washington ESD instead of hitting redial for hours.

The system is designed to help people who lose jobs through no fault of their own. Performance issues usually fall into that category.

I get that but when someone consistently shows up late and doesn't do their job, that should be on them not the employer's insurance.

Theft, violence, harassment - those are clear misconduct cases. Washington ESD would likely deny benefits for those situations if you can prove it.

Good to know. I was just curious about where the line is drawn.

That's disappointing but good to know what to expect. I'll make sure to respond to their request with all my documentation.

At least you documented everything! That's more than a lot of employers do. Shows you tried to be fair about it.

Washington ESD verifies employment information with the employer. If they lie about being fired vs quitting, it will come out when you respond to the information request.

Makes sense. So there's no way for them to hide it if you respond honestly to Washington ESD's questions.

How many no-shows did they have? My employee was just chronically late but did show up most days.

It was like 8 unexcused absences in 6 weeks after multiple warnings. Being late is different - that's more performance related unless your policy specifically says tardiness is misconduct.

Yikes! How long do you have to respond?

Usually 10 days from when they mail the request. Don't wait - get your response in ASAP with all supporting documents.

That's somewhat reassuring. I've had very few claims over the years so hopefully one won't hurt too much.

Same here - one or two claims didn't make a huge difference in my rates. It's when you have a pattern that it really impacts you.

Yes, you can request a hearing if you disagree with their initial determination. You'll get instructions on how to appeal with their decision letter.

Good to know there are options if you really believe the termination was justified.

Seems like that service is getting mentioned a lot. Might be worth looking into if I need to follow up on this claim.

Definitely worth it if you're having trouble getting through their regular phone lines. Made the whole process much smoother.

Thanks for the straightforward answer. I'll prepare my documentation but won't get my hopes up about winning the protest.

That's the right attitude. Just make sure Washington ESD has all the facts when they make their decision.

That helps clarify things. Sounds like chronic tardiness alone probably won't meet their definition of misconduct.

Exactly. Unless your employee handbook specifically states tardiness is grounds for immediate termination and you can prove they knew that, it's likely considered performance-related.

I'm definitely going to check that out. Sounds like it could save a lot of frustration dealing with Washington ESD.

Same experience here - got connected quickly and was able to get my questions answered without the usual phone tag.