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AstroAlpha

If you get fired do you qualify for unemployment - Washington ESD eligibility question

My supervisor terminated me yesterday for what they're calling 'performance issues' but I think it was really because I questioned some safety protocols at our warehouse. This is my first time dealing with unemployment so I'm not sure if being fired automatically disqualifies me from benefits. I worked there for 2 years and never had any write-ups until last month when I started raising concerns about equipment maintenance. Can I still file for Washington ESD benefits or am I out of luck? I'm really stressed about how I'm going to pay rent next month.

You can definitely still apply for unemployment benefits even if you were fired. Washington ESD will investigate the circumstances around your termination to determine if you were fired for 'misconduct' or not. Performance issues usually don't count as misconduct unless they involve willful violation of company policies. The fact that you were raising safety concerns might actually work in your favor.

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That's a relief to hear. Should I mention the safety concerns when I file my claim or wait to see if they ask about it?

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Be honest about everything when you file. Washington ESD will contact your employer anyway, so it's better to give your side of the story upfront.

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same thing happened to me got fired for 'attitude problems' but still got my benefits approved. took like 3 weeks though because they had to do some investigation thing

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3 weeks isn't too bad, I was worried it would take months. Did you have to do anything special during the investigation?

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nah just waited for them to call me and answered their questions honestly. my old boss tried to make me sound terrible but i guess it didnt work lol

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The key thing Washington ESD looks at is whether you were fired for misconduct or not. Misconduct has a specific legal definition - it has to be willful or deliberate violation of company rules. Poor performance, inability to do the job, or personality conflicts usually don't qualify as misconduct. Since you mentioned safety concerns, document everything you can remember about those conversations and any retaliation you experienced.

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I do have some text messages where I was asking my supervisor about getting the forklift serviced. Would those help my case?

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Absolutely keep those! Any documentation showing you were acting in good faith regarding workplace safety could be very helpful if your employer tries to contest your claim.

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I was struggling with calling Washington ESD for weeks about my own termination issue - kept getting busy signals and dropped calls. Finally found this service called Claimyr at claimyr.com that actually gets you through to a real person at Washington ESD. They have this demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much frustration when I needed to speak with someone about my eligibility.

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How much does something like that cost? I'm already worried about money.

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It's way less than what you'd lose by not getting through to resolve issues with your claim. The value is definitely there when you're dealing with something this important.

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Hmm never heard of that but if it actually works... I've been trying to call for days about my own situation.

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DEFINITELY apply right away don't wait!! Even if there's a dispute you want to get your claim filed ASAP because there's usually a waiting period anyway. The worst thing that can happen is they deny you and then you can appeal. But if you don't apply at all you get nothing for sure.

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Good point, I'll file today. Is there a time limit on when you have to file after losing your job?

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You should file within the first week if possible but technically you have longer. Just don't wait because benefits don't backdate to when you lost your job, only to when you filed.

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Also make sure you understand the difference between being fired and being laid off. If your employer claims you were laid off due to lack of work, that's usually an automatic approval. But if they say you were terminated for cause, that's when Washington ESD has to investigate for misconduct. Based on what you described, it sounds like a termination situation.

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They definitely said I was terminated, not laid off. My termination letter says 'failure to meet performance standards' but doesn't mention any specific incidents.

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That's actually good for you - vague performance language is harder for them to prove as misconduct than specific policy violations.

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Been dealing with Washington ESD for months now and let me tell you the system is BROKEN. Half the time their website doesn't work, you can never get anyone on the phone, and they take forever to make decisions. But yes you should still apply because even a broken system sometimes works in your favor. Just be prepared for a lot of frustration.

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That's discouraging but I guess I don't have much choice. How long did your case take to get resolved?

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Mine took 6 weeks because they kept asking for more documentation. Then when I finally got approved they messed up my payment amount. It's a nightmare honestly.

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I had a much better experience than that. Filed online, got approved in 2 weeks, payments started right on schedule. Maybe it depends on your situation?

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Quick question - did you have any warnings or write-ups before they fired you? That can make a big difference in how Washington ESD views your case. If they fired you without any progressive discipline that could actually help your argument.

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I had one written warning about a month ago right after I started asking about the safety issues. Before that my performance reviews were always satisfactory.

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That timeline could be important - if the warning came right after you raised safety concerns, that might show retaliation rather than legitimate performance issues.

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Whatever you do, don't let your old employer intimidate you out of filing. Some companies try to scare former employees by saying they'll 'fight' the unemployment claim. Most of the time they don't even respond to Washington ESD's requests for information. File your claim and let the system work.

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My supervisor did mention something about contesting any unemployment claim I might file. Does that automatically mean I won't get benefits?

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Not at all! Employers contest claims all the time, even when they don't have a good case. Washington ESD will investigate and make an independent decision based on the facts.

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I got fired from my last job too but for totally different reasons (attendance issues were my own fault). Still got benefits because Washington ESD determined it wasn't willful misconduct - I had documented health problems that were causing the absences. Point is they really do look at each case individually.

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That's encouraging to hear. I think a lot of people assume being fired means automatic disqualification but it's more nuanced than that.

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Exactly! The key is being honest about what happened and having documentation if possible.

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One thing to keep in mind is that even if you get approved, your employer might appeal the decision. That can drag things out longer but don't let it discourage you from filing. I went through an appeal process last year and still ended up getting my benefits.

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How long does the appeal process usually take? I'm hoping this doesn't drag on for months.

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Mine took about 6 weeks total but I've heard of cases going longer. The important thing is you can usually still receive benefits during the appeal process if you were initially approved.

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Pro tip: when you file your claim, be very detailed about the circumstances of your termination but stick to facts. Don't get emotional or start ranting about how unfair your employer was. Washington ESD wants to hear what actually happened, not how you felt about it.

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Good advice. I'm definitely feeling emotional about this whole situation but I'll try to keep it factual when I file.

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Yeah save the emotional stuff for talking to friends. Keep it professional and factual when dealing with Washington ESD.

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Just wanted to follow up on my earlier comment about Claimyr - I used them again last week when I needed to check on my benefit year ending and had to speak with someone about reapplying. Still works great for getting through the phone lines. Definitely worth it when you need actual answers from Washington ESD staff.

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I might look into that. I've been trying to call about my own claim status for days with no luck.

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Same here, the phone system is impossible. Might be worth trying something like that.

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File ASAP but also start looking for work immediately. Washington ESD requires you to be actively seeking employment and you'll need to report your job search activities when you file your weekly claims. Don't wait until after you're approved to start job hunting.

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Good reminder. I've been so focused on the unemployment claim I haven't even started looking yet. How many jobs do you have to apply for each week?

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It varies but generally at least 3 job contacts per week. Check the WorkSourceWA website for specific requirements in your area.

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Document everything about your termination while it's still fresh in your memory. Write down dates, names of people involved, what was said, any witnesses, etc. If this goes to a hearing you'll want to have all those details organized.

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I should probably do that tonight while I still remember everything clearly. Thanks for the reminder.

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Yeah definitely do it now. Memory fades faster than you think and those details could be crucial later.

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The bottom line is yes, you can qualify for unemployment even if you're fired. The system exists to help people who lose their jobs through no fault of their own, and poor performance or raising legitimate workplace concerns doesn't disqualify you. File your claim and let Washington ESD make the determination.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim this afternoon and start documenting everything about what happened.

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Good luck! Hope everything works out for you. The unemployment system isn't perfect but it's there to help people in situations like yours.

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