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Sophia Nguyen

If you fired can get unemployment benefits in Washington ESD?

I got terminated from my job last Thursday and I'm really confused about whether I can file for unemployment benefits. My supervisor said it was for performance issues but I think it was unfair. Can you still get Washington ESD unemployment if you were fired? I heard different things from people and don't know what's true. I need to know if I should even bother applying or if it's automatic denial.

You can definitely apply even if you were fired. Washington ESD will investigate the circumstances of your termination during the adjudication process. If you were fired for misconduct, you'll be disqualified, but if it was for performance issues or other non-misconduct reasons, you should be eligible for benefits.

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What counts as misconduct exactly? I was always on time and never violated any company policies.

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Misconduct has to be willful or deliberate violation of company rules. Poor performance alone usually doesn't qualify as misconduct unless you were deliberately not doing your job.

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Same thing happened to me 2 months ago. I was fired for 'not meeting expectations' but I filed anyway and got approved after adjudication. The key is being honest about what happened when you file your claim.

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How long did the adjudication take? I'm worried about waiting weeks without income.

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Mine took about 3 weeks but I've heard it can be longer depending on the case.

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If you're having trouble getting through to Washington ESD to check on your claim status, I found this service called Claimyr that helps you actually reach a real person. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helpful when you're stuck in adjudication limbo.

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Is this legit? I've been trying to call Washington ESD for days and can't get through.

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Yeah it's real, they basically call for you and get you connected to an actual agent instead of dealing with the busy signals.

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DON'T LET THEM INTIMIDATE YOU!! File your claim no matter what they told you. Employers lie all the time about why they fired people to try to prevent you from getting benefits. Washington ESD will do their own investigation.

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That's what I'm worried about - what if my employer lies about what happened?

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They'll ask for documentation and interview both sides. If you have any emails or write-ups, save them as evidence.

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Ava Kim

i got fired last year and still got unemployment so ya you can get it

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What was the reason you were fired if you don't mind me asking?

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Ava Kim

they said i was late too much but i had car problems

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Here's what you need to know: When you file your initial claim, be completely honest about the circumstances of your termination. Washington ESD will contact your employer to get their side of the story. Then they'll make a determination based on all the information.

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What if your employer doesn't respond to Washington ESD's request for information?

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If they don't respond within the time limit, the decision will be made based on the information available, which usually favors the claimant.

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I went through this exact situation last year. Got fired for 'poor performance' but it was really because I complained about safety issues. Filed anyway and won my case after they investigated. The whole process took about a month but I got backpay for the waiting period.

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Did you have to provide any documentation to prove your side?

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I submitted emails I had sent about the safety concerns and my performance reviews which were actually pretty good.

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The worst thing you can do is not file because you think you won't qualify. Even if you're denied initially, you can appeal the decision. Better to try and get denied than not try at all.

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

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You have 30 days from the date of the determination letter to file an appeal.

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My brother was fired for attendance issues and still got unemployment because he had medical documentation for his absences. Every case is different so definitely file even if you're not sure.

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That's good to know. I don't have medical issues but the 'performance' problems they cited weren't really my fault.

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Document everything you can remember about your termination while it's still fresh in your mind.

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Washington ESD looks at whether the termination was for misconduct connected with work. Things like theft, fighting, or willful violation of policies count as misconduct. Not being good enough at your job usually doesn't.

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What about if you were fired for calling in sick too much?

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Depends on the circumstances. If you had legitimate illnesses and followed company policy for reporting, that's not misconduct.

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I used Claimyr when I was dealing with my disqualification appeal and it was totally worth it. Finally got to talk to someone who could explain what was happening with my case instead of just waiting and wondering.

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How much does something like that cost?

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I'd rather not get into specifics but it was reasonable considering how much time and stress it saved me.

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File your claim TODAY. Don't wait. Even if there's going to be an investigation, you want to get the process started as soon as possible. You can't get benefits for weeks before you file.

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I was planning to wait until I had more information about why I was fired but you're right, I should just file now.

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Exactly. You can always provide additional information later if needed.

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Been through this whole mess twice now and both times I got approved even though I was fired. First time was for 'not fitting in with company culture' (whatever that means) and second time was for missing deadlines. As long as you weren't stealing or fighting or something serious, you'll probably be fine.

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That makes me feel better. My situation sounds similar to your first one.

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Yeah just be honest about what happened and let Washington ESD sort it out. They deal with this stuff all the time.

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Make sure you keep filing your weekly claims even while your case is in adjudication! A lot of people don't realize this and then miss out on benefits they were entitled to.

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Wait, you have to keep filing even if your claim isn't approved yet?

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Yes! If you're eventually approved, you'll get backpay for all the weeks you properly filed for.

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Washington ESD has gotten better about these cases over the years. They understand that most firings aren't for misconduct. The burden is really on the employer to prove you did something that rises to the level of disqualifying misconduct.

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That's reassuring. I was worried they would just take the employer's word for it.

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Nope, they have to do a fair investigation. Both sides get to present their evidence.

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Drake

One thing to remember is that even if you get initially denied, that's not the end. I got denied at first but won on appeal. Sometimes the initial reviewer doesn't have all the information they need.

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How long does the appeal process take?

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Drake

Mine took about 6 weeks total but I've heard it can vary a lot depending on how busy they are.

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Pro tip: when you're describing what happened in your claim, stick to the facts and don't get emotional about it. Just state what happened, when it happened, and any relevant circumstances. Let Washington ESD draw their own conclusions.

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Good advice. I was definitely feeling pretty bitter about the whole thing.

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I get it, but save the emotion for venting to friends. Keep the claim factual and professional.

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Also want to mention that Claimyr thing someone brought up earlier - I ended up using it when I couldn't get through to ask about my job search requirements. Super helpful when you actually need to talk to someone instead of just checking your account online.

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I might need to try that. I've been calling for days about my pending issue.

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Yeah the regular phone system is basically useless when you have specific questions that need real answers.

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Bottom line: file your claim, be honest about what happened, keep filing your weekly claims, and don't give up if you get initially denied. Most people who get fired for performance reasons end up getting approved once Washington ESD investigates.

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Thank you everyone for all the advice. I'm going to file my claim this afternoon.

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Good luck! Come back and update us on how it goes.

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Just wanted to add that you should also start looking for work right away and keep track of your job search activities. Even if your claim is in adjudication, you'll need to meet the work search requirements once it's approved.

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How many jobs do I need to apply for each week?

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It's usually 3 job search activities per week but check your account for the specific requirements.

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