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Liam McGuire

If you get fired can you apply for unemployment in Washington - what are the rules?

I got terminated from my job last Friday and I'm wondering if I can still file for unemployment benefits through Washington ESD. My supervisor said it was due to 'performance issues' but honestly I think they just wanted to get rid of me because I complained about working conditions. I've been working there for 2 years and never had any formal write-ups. Can I still apply for UI benefits or does getting fired automatically disqualify you? I really need to know because I have rent due next week and no other income.

Yes you can definitely apply! Being fired doesn't automatically disqualify you from unemployment benefits in Washington. The key question is WHY you were fired. If it was for misconduct, that's different than being fired for performance issues or just not being a good fit.

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That's a relief to hear. How do I know if what they fired me for counts as misconduct? They said performance but I think it was really retaliation.

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Misconduct has to be willful and deliberate violation of company rules. Poor performance usually doesn't count as misconduct unless you were intentionally doing bad work.

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File your claim ASAP through the Washington ESD website. Don't wait! You want to get your claim started as soon as possible after your last day of work. Even if they contest it, you should still file.

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I'll do that today. Do I need to wait to hear back from them before I can start filing weekly claims?

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No, you can start filing weekly claims right away. Just make sure you're actively looking for work and documenting your job search activities.

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Wait really? I thought you had to wait for approval first before doing the weekly claims thing

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Your employer will probably contest your claim if they fired you. When that happens Washington ESD will do an adjudication to determine if you're eligible. Be prepared to explain your side of the story.

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How long does adjudication usually take? I really need these benefits soon.

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It varies but can take several weeks. Keep filing your weekly claims during this time even if payments are on hold.

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I had an adjudication last year and it took 6 weeks! Was so stressful waiting for them to decide.

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If you need to talk to someone at Washington ESD about your specific situation, I'd recommend checking out claimyr.com - they help people get through to ESD agents when the phone lines are jammed. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than spending hours on hold.

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Never heard of that but I'll check it out. The phone system is always busy when I try to call ESD.

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Is that legit? Sounds too good to be true

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Yeah it's real, I used it when I had issues with my claim status. Saved me tons of time trying to get through their phone system.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS!!! They make it so hard to get benefits even when you deserve them. Employers lie all the time on these claims and ESD just believes them.

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I'm definitely worried they're going to lie about why they fired me. Is there anything I can do to protect myself?

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Keep any documentation you have about your employment - emails, performance reviews, anything that shows the real reason for termination.

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EXACTLY! Document everything because these companies will throw you under the bus to avoid paying UI taxes!

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wait so if you get fired for like showing up late all the time, that would be misconduct right? asking for a friend...

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Depends on the circumstances. Chronic tardiness after warnings could be considered misconduct, but it's not automatic.

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oh ok good to know. my friend was worried about that lol

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I got fired from my last job for 'attitude problems' which was basically just me standing up for myself when my boss was being unreasonable. Filed for unemployment and got approved after they investigated. Your situation sounds similar - file the claim!

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That gives me hope! How long did it take for them to investigate and decide?

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About 3 weeks total. They called me and my former employer separately to get both sides of the story.

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Just to be clear on the process - when you file your initial claim, Washington ESD will send a notice to your former employer. The employer has 10 days to respond and contest if they want to. If they don't contest, you'll likely be approved quickly.

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What if they do contest it? What happens then?

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Then it goes to adjudication where ESD will investigate and make a determination. You'll get a chance to provide your side of the story.

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And if you disagree with their decision you can appeal it too. Don't give up if the first decision goes against you.

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I was in a similar situation a few months ago - got 'laid off' but it was really because I filed a complaint with HR about my supervisor. Took forever to get through to someone at ESD to explain the situation properly.

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How did you eventually get through to them? The phone lines are always busy.

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I ended up using that Claimyr service someone mentioned earlier. It was the only way I could actually talk to a real person at ESD.

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Quick question - do you have to be actively looking for work while your claim is being adjudicated? I'm confused about the job search requirements.

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Yes, you need to be able and available for work and actively seeking employment. Keep track of your job search activities in case they ask for documentation.

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

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It varies based on your situation, but generally you need to make at least 3 job contacts per week and keep a log of your activities.

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Update: I filed my claim this morning and it went through the system pretty smoothly. Now I just have to wait and see if my former employer contests it. Thanks everyone for the advice!

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Good job filing quickly! Remember to keep doing your weekly claims even if payments are delayed due to adjudication.

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Fingers crossed they don't contest it! Sometimes employers don't bother if they think they won't win.

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The whole thing is so stressful. I went through this same situation last year and it took months to get resolved. The worst part is not knowing if you'll get benefits while you're struggling to pay bills.

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That's exactly what I'm worried about. Did you eventually get approved?

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Yes, but it took 8 weeks total. I had to appeal the initial decision but won in the end.

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Pro tip: if you do end up in adjudication, be very detailed when they contact you for your statement. Don't just say 'I was fired unfairly' - explain exactly what happened, when, and provide specific examples.

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That's really helpful advice. I'm going to start writing down everything I remember about the situation while it's still fresh.

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Smart! Also gather any emails or texts that might support your case. Evidence helps a lot in these situations.

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I hate how they make you feel like a criminal for applying for benefits you paid into. Like, we pay unemployment taxes for this exact situation!

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EXACTLY! It's YOUR money that you earned through working! Don't let them make you feel bad for claiming what's rightfully yours.

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Thanks, I needed to hear that. I do feel guilty about applying even though I know I shouldn't.

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Just want to add that even if you get denied initially, don't give up. A lot of these decisions get overturned on appeal. The initial adjudicators sometimes don't have the full picture.

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Good to know there's still hope even if the first decision doesn't go my way.

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Yeah the appeal process is worth it if you really believe you were wrongfully terminated. I've seen people win on appeal even after losing the initial determination.

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One thing to keep in mind - if you do get approved and start receiving benefits, your former employer's unemployment tax rate might go up. That's why some employers fight these claims even when they know the employee deserves benefits.

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I didn't know that's how it worked. No wonder they contest these things.

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That's true, but don't let that discourage you from filing if you deserve benefits. The system exists for a reason.

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I tried calling ESD so many times during my claim process and could never get through. Ended up having to figure everything out on my own through their website and online chat when it was working.

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That's why I ended up using Claimyr - saved so much frustration trying to get through their phone system.

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I should have known about that service when I was dealing with my claim. Would have saved me weeks of stress.

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The most important thing is to file ASAP and keep filing weekly claims. Even if there are delays or appeals, you don't want to miss out on benefits you're entitled to because you waited too long to start the process.

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Definitely learned that lesson! Filed as soon as I could after reading all this advice.

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Perfect! Now just stay on top of your weekly claims and job search requirements while everything gets sorted out.

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Hope everything works out for you OP. The uncertainty is the worst part but at least you got the ball rolling quickly.

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Thanks! I'm feeling a lot more confident about the process after getting all this input from everyone.

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