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Nathan Dell

If you were fired can you collect unemployment benefits in Washington?

So I got terminated from my job last week and I'm wondering if I can still file for unemployment benefits through Washington ESD. I wasn't fired for anything criminal or super serious, but my supervisor said it was due to 'performance issues' even though I never got any formal warnings. I've been paying into unemployment insurance for years so I feel like I should be able to collect something. Has anyone been in this situation? What are the rules around getting fired and still qualifying for UI benefits?

Yes, you can definitely collect unemployment if you were fired, but it depends on the reason. Washington ESD will look at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless you were deliberately not doing your job or violating company policy repeatedly after warnings.

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That's reassuring! I was definitely trying to do my job, I just think my boss and I didn't see eye to eye on expectations.

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What exactly qualifies as misconduct though? I'm dealing with something similar and not sure where the line is drawn.

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I went through this exact situation 6 months ago. Got fired for 'poor performance' but Washington ESD approved my claim because my employer couldn't prove I was willfully negligent. The key is that they have to show you deliberately did something wrong or ignored direct instructions. Just not being good at your job isn't misconduct.

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How long did it take for them to make a decision? Did you have to go through adjudication?

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Yeah, it went to adjudication and took about 3 weeks. They interviewed both me and my former employer before deciding.

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You should definitely file right away even if you're not sure. I was hesitant to apply when I got fired but the worst they can do is deny you. And if your employer contests it, you can appeal. Don't let them scare you out of benefits you've earned.

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This is so true! I waited 2 weeks thinking I wasn't eligible and just lost money for no reason.

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Good point, I'll file tonight. Better to try and get denied than not try at all.

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Just heads up - if your claim gets contested by your employer, you might want to check out Claimyr. I used them when Washington ESD put my claim in adjudication and I couldn't get through to anyone on the phone. They help you actually reach a real person at Washington ESD to check on your claim status. There's a demo at https://youtu.be/7DieNd3C7zQ and their site is claimyr.com. Made the whole process way less stressful.

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Never heard of this service. Is it legit or one of those scammy things?

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It's totally legit - they just help you get through to Washington ESD phone lines. I was skeptical too but it actually worked when I was stuck in adjudication limbo.

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I've seen a few people mention this recently. Seems like a real solution for the phone issues everyone complains about.

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The whole system is so confusing! I got fired 3 months ago and I'm still fighting with Washington ESD about whether I qualify. They keep asking for more documentation and it's like pulling teeth to get anyone on the phone to explain what they actually need.

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What kind of documentation are they asking for? That might help OP know what to expect.

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They wanted my personnel file, any disciplinary records, and statements about my job performance. My old employer has been really slow responding to their requests.

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I work in HR and can tell you that most companies don't contest unemployment claims unless it was a really serious firing. It costs them time and money to fight it, so if it was just performance issues they'll probably let it go through.

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That makes me feel better. My company is pretty small so hopefully they won't waste time fighting it.

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What about if you were fired for attendance issues? Is that considered misconduct?

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Attendance can be tricky - if you had legitimate reasons for absences and followed company policy for reporting them, you'd probably still qualify.

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whatever you do file ASAP!! there's a waiting period and you want to get that started even if they have to investigate your eligibility. I made the mistake of waiting thinking I had to figure everything out first

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How long is the waiting period in Washington?

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There's a one-week waiting period for your first payable week, but the sooner you file the sooner that week starts counting.

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I got fired from my last job for supposedly violating company policy but it was totally bogus. Washington ESD still approved my claim because the employer couldn't provide sufficient evidence. Don't assume you're disqualified just because they fired you 'for cause'.

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Did you have to provide your side of the story during the investigation?

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Yes, they called me for a phone interview and I explained my version of events. Be honest but make sure you emphasize that you weren't trying to violate policy intentionally.

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The burden of proof is on the employer to show misconduct. They can't just say 'performance issues' and automatically disqualify you. Washington ESD will look at whether you received proper training, clear expectations, warnings, etc.

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I never got any written warnings, just verbal feedback that was pretty vague. Sounds like that might work in my favor.

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Exactly - lack of progressive discipline usually works in the employee's favor during adjudication.

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File your claim online at secure.esd.wa.gov and be completely honest about why you were terminated. Don't try to hide anything because they'll find out anyway when they contact your employer.

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Good advice. I was wondering if I should downplay the performance issues but sounds like honesty is the best policy.

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I'm going through adjudication right now for a similar situation. The waiting is killing me! Been 2 weeks and still no word from Washington ESD about my claim status.

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This is exactly why I recommend Claimyr - I was in the same boat and couldn't get through to check my status. They helped me connect with someone who could actually tell me what was happening with my claim.

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I might have to try that if this drags on much longer. The not knowing is worse than just being denied.

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Make sure you start doing your job search activities even while your claim is being decided. You'll need to log those for your weekly claims once you're approved.

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How many job search activities do you need per week in Washington?

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It's usually 3 per week but check your specific requirements when you file. Some people have different requirements based on their situation.

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The Washington ESD website has a good section explaining misconduct vs non-misconduct terminations. Might be worth reading through that before you file so you know what to expect.

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I'll check that out, thanks! Want to be as prepared as possible.

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Even if your employer contests it, don't panic. I've seen plenty of cases where Washington ESD sided with the employee even when the employer fought it. Just be truthful and provide any documentation you have.

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What kind of documentation should I try to gather now while it's fresh?

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Any emails about your performance, your job description, training records, anything that shows you were trying to do your job properly.

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I was fired for 'insubordination' but got my benefits because I could prove I was following safety protocols that my supervisor was telling me to ignore. Context matters a lot in these decisions.

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Wow, good for you for standing up for safety. Glad Washington ESD saw it that way too.

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Quick question - do you have to wait until you're officially approved to start filing weekly claims, or can you file them while adjudication is happening?

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You should file your weekly claims even during adjudication. If you're approved, they'll pay you retroactively for those weeks.

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Thanks! I wasn't sure and didn't want to mess anything up.

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The most important thing is don't delay filing. Even if you think you might not qualify, let Washington ESD make that determination. You've paid into the system and deserve a fair review of your situation.

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You're absolutely right. I'm going to file tonight and see what happens. Thanks everyone for all the helpful advice!

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Good luck with your claim! Remember that being fired doesn't automatically disqualify you - it's all about the specific circumstances. Most performance-related terminations end up being approved for benefits.

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This whole thread has been super helpful. Feeling much more confident about filing now.

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Keep us posted on how it goes! Always good to hear success stories to help others in similar situations.

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One more tip - if you do end up needing to appeal a denial, don't try to do it alone. There are resources available and you have rights in that process too.

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Hopefully it won't come to that, but good to know there are options if needed.

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I had a friend who used that Claimyr service someone mentioned earlier when she couldn't get through to Washington ESD about her fired-for-cause claim. She said it was worth it just for the peace of mind of talking to a real person who could explain what was happening.

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Yeah, I bookmarked that link. If I get stuck in adjudication limbo I might give it a try.

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