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Jessica Nolan

If you get fired can you file for unemployment Washington ESD benefits?

I got terminated from my job yesterday and I'm wondering if I can still apply for unemployment benefits through Washington ESD? My supervisor said it was for poor performance but I feel like they were just looking for reasons to let me go. I've been working there for 2 years and never had any written warnings or anything formal. Can I still file a claim or does getting fired automatically disqualify me from UI benefits?

Yes, you can definitely file for unemployment even if you were fired. Washington ESD will determine if you're eligible based on the specific circumstances. If you were fired for misconduct, that could disqualify you, but poor performance usually doesn't count as misconduct unless it was willful.

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What exactly counts as misconduct? They said I wasn't meeting sales targets but I was trying my best.

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Misconduct has to be willful or deliberate. Simply not being good at your job or not meeting performance standards isn't misconduct in Washington ESD's eyes.

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I got fired last year and still got my unemployment. The key is how you were fired. If it was just performance issues and not something like stealing or being insubordinate, you should be fine.

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That's reassuring. How long did it take for your claim to get approved?

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About 3 weeks but that was before all the backlog issues. Might be different now.

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File immediately don't wait. Even if Washington ESD denies your claim initially, you can appeal. I had to deal with this exact situation and it took forever to get through to anyone at ESD to check my claim status. The phone lines are always busy.

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Yeah I've been trying to call them all morning and keep getting the busy signal. How did you finally get through?

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I ended up using this service called Claimyr that helped me get through to an actual ESD agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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DEFINITELY file your claim right away! I made the mistake of waiting a week after I got fired because I thought I wouldn't qualify. Every week you wait is money you're losing. Washington ESD will investigate and make the determination.

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Good point. I'll file today. Do I need any specific documentation from my employer?

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You'll need your last pay stub and any termination paperwork they gave you. Washington ESD will contact your employer directly to verify the reason for termination.

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Make sure you keep copies of everything. If your employer tries to fight your claim, you'll want documentation.

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The whole system is rigged anyway. Employers can say whatever they want and Washington ESD just believes them. I got denied twice for 'misconduct' even though I was never written up.

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That's why the appeal process exists. If you disagree with the initial determination, you can request a hearing.

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Yeah I'm on my second appeal now. This whole process is a nightmare.

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Performance issues are usually not considered misconduct unless your employer can prove you were deliberately not doing your job. Washington ESD has specific criteria for what constitutes misconduct that would disqualify you from benefits.

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What if they say I was violating company policy? I was sometimes a few minutes late but nothing major.

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Minor policy violations usually don't rise to the level of misconduct. They'd have to show it was a pattern of willful disregard for company rules. Being occasionally late probably wouldn't qualify.

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i got fired 3 months ago for attendance and still got unemployment so u should be fine

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How bad was your attendance? I'm worried they might use my few late arrivals against me.

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i was late like 15 times in 2 months lol but they never wrote me up formally so washington esd said it wasnt misconduct

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When you file your claim, be honest about the circumstances but don't admit to any wrongdoing. Stick to the facts - you were terminated for performance reasons, not misconduct. Washington ESD will investigate and make their own determination.

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Should I mention that I never received any formal warnings or write-ups?

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Absolutely. The lack of progressive discipline is important information that supports your case.

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Just want to echo what others said about filing immediately. Don't second-guess yourself. Let Washington ESD make the decision about your eligibility. You've been paying into the system so you deserve to have your claim evaluated fairly.

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You're right. I've been paying into unemployment insurance for years. Thanks for the encouragement.

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One more thing - if Washington ESD does deny your claim initially, don't give up. The appeal process exists for a reason and many people win on appeal. Just make sure you file the appeal within the time limit they give you.

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How long do you typically have to file an appeal?

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Usually 30 days from the date of the determination notice. Don't wait until the last minute though.

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This happened to my brother last year. He got fired for 'poor performance' but it was really because his boss didn't like him. He filed for unemployment and got approved. Washington ESD sided with him because the employer couldn't prove actual misconduct.

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That gives me hope. I really think they were just looking for an excuse to let me go.

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Yeah that's what my brother thought too. The key is that performance issues aren't the same as misconduct in Washington ESD's eyes.

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Remember that your employer will have a chance to contest your claim. They'll receive a notice from Washington ESD asking about the reason for termination. Be prepared for that possibility and have your documentation ready.

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What kind of documentation should I gather?

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Any performance reviews, emails about your work, attendance records if you have them, and especially any documentation showing lack of formal discipline.

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I want to add that even if you think you might not qualify, file anyway. Washington ESD's determination might surprise you. I've seen people get approved in situations they thought were hopeless.

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Yeah I'm definitely going to file today. Better to try and get denied than not try at all.

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The worst part is trying to get through to Washington ESD if you have questions about your claim. I spent weeks calling and never got through. Finally found out about Claimyr from someone on here and it actually worked to connect me with an agent.

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Is that the same service someone mentioned earlier? I might need that if I run into issues.

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Yeah claimyr.com - they help you get through the phone system. Worth it if you need to actually talk to someone at ESD.

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Just be prepared for the runaround. Washington ESD moves at glacial speed and their phone system is a joke. Good luck getting a human on the line.

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While the system can be frustrating, most claims do get processed eventually. Don't let the horror stories discourage you from filing.

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update us when u file! curious to see how it goes for u

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Will do! Planning to file this afternoon. Thanks everyone for the advice.

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Good luck with your claim! Remember that getting fired doesn't automatically disqualify you. Performance issues are very different from misconduct in Washington ESD's book.

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Thanks for all the support. This thread has been incredibly helpful.

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One last tip - make sure you start doing your job search activities right away even while your claim is being processed. Washington ESD requires you to be actively looking for work to maintain eligibility.

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Good point. I'll start applying for jobs today along with filing my claim.

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Smart move. Keep track of your job search activities in case Washington ESD asks for documentation.

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This thread is really helpful. I'm in a similar situation and was worried about filing. Sounds like it's worth a shot regardless of the circumstances.

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Absolutely file. You never know what Washington ESD's determination will be until you try.

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Thanks, I'll file my claim this week.

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Final reminder that if you do get approved, you'll need to file weekly claims to continue receiving benefits. Don't forget that step once your claim is active.

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Good to know. I'll make sure to stay on top of the weekly filings if I get approved.

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