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If you're fired in Washington do you still qualify for ESD unemployment benefits?

My supervisor terminated me last Friday after what they called 'performance issues' but I think it was really because I asked for time off to deal with a family emergency. I've been working there for 2 years with no previous write-ups. Can I still file for unemployment through Washington ESD if I was fired? I'm worried they'll deny my claim because it wasn't a layoff. Has anyone been in this situation before?

Yes, you can definitely apply for unemployment even if you were fired. Washington ESD will investigate whether the termination was for 'misconduct' or just performance/attendance issues. If it's not misconduct, you should qualify. Make sure to file your claim right away since there's a waiting period.

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Thank you! What exactly counts as misconduct? I was never written up formally or anything like that.

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Misconduct usually means willful violation of company rules, theft, violence, etc. Performance issues or attendance problems typically don't qualify as misconduct unless you were deliberately ignoring your job duties.

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I got fired from my last job for being late too many times and still got approved for UI benefits. Washington ESD looks at whether you were trying to do your job or if you were being deliberately bad at it. Sounds like your situation might qualify.

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That's encouraging to hear. Did they contact your employer during the process?

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Yeah they sent a form to my employer asking about the reason for termination. My boss said I was chronically late which was true, but ESD still approved me since it wasn't willful misconduct.

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The key is filing immediately and being completely honest about what happened. If your employer contests the claim, Washington ESD will do an adjudication to determine if you're eligible. I've used a service called Claimyr (claimyr.com) to get through to ESD agents when I needed to check on my claim status - way better than trying to call directly. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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I'll check that out, thanks. How long does the adjudication process usually take?

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Can vary from a few weeks to a couple months depending on how complicated your case is. The Claimyr service really helped me get answers faster when my claim was stuck in adjudication.

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Never heard of Claimyr before but might be worth it if it actually gets you through to someone at ESD.

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ugh the whole system is so frustrating!! I got fired for 'attitude problems' which is basically code for standing up for myself and other employees. Filed for unemployment and had to wait 6 weeks for them to decide I was eligible. The whole time no income and bills piling up.

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Six weeks?? That's terrible. Were you able to get back pay for those weeks?

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Yeah eventually but it was hell waiting. Make sure you keep filing your weekly claims even while they're investigating or you'll lose those weeks forever.

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File ASAP and gather any documentation you have about your employment. Email exchanges, performance reviews, anything that shows you were trying to do your job properly. If they fired you for asking for time off for a family emergency, that could actually work in your favor.

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I do have the email where I requested the time off. Should I include that when I file?

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Absolutely. Any documentation that shows the real reason for termination will help your case if the employer tries to claim it was misconduct.

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been there done that. got canned for supposedly not meeting sales targets but really because new manager wanted to bring in her own people. took 3 months to get my first payment but eventually got approved. hang in there

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Three months! How did you survive financially during that time?

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had to borrow money from family and use credit cards. not ideal but you do what you gotta do. at least the back pay eventually came through

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One more thing - make sure you understand the difference between being 'discharged' (fired) versus 'quit'. Even if you felt forced to quit, that's treated differently than being fired. Sounds like you were clearly terminated so you should be good to file under discharge.

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Yes, I was definitely fired. They told me not to come back and had security escort me out.

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Wow that's harsh for performance issues. Sounds more like they were looking for an excuse to get rid of you.

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Also remember that you'll need to be actively searching for work and logging your job search activities. Washington ESD requires 3 job search activities per week. Don't let that part slide or they can disqualify you even if your initial claim is approved.

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Good point. What counts as a job search activity?

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Applying for jobs, networking contacts, attending job fairs, working with WorkSource. They have a whole list on the ESD website. Keep detailed records of everything.

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I'm dealing with something similar right now. Got let go for 'not being a good fit' after 8 months. Filed my claim two weeks ago and still waiting to hear back. The uncertainty is killing me.

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That's so frustrating. Have you tried calling to check on your claim status?

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Tried calling dozens of times but can never get through. Might try that Claimyr thing someone mentioned earlier.

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Pro tip: file your claim online through the Secure Access Washington portal. Way easier than trying to do it over the phone. You can also set up direct deposit so you don't have to wait for checks in the mail.

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Thanks! I'll do it online tonight. Do I need any specific documents ready?

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Have your social security number, last employer info, and dates of employment ready. They'll ask for your last day worked and reason for separation.

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Make sure you appeal if they deny you initially. My first claim got denied but I appealed and won at the hearing. Had to wait even longer but eventually got all my back pay plus the ongoing benefits.

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How do you appeal if they deny the claim?

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They'll send you info about how to appeal in the denial letter. You have 30 days to file the appeal. Don't miss that deadline or you're screwed.

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Since you mentioned family emergency, make sure you document that too. If you have medical records or other proof of the emergency, that could help show your request for time off was legitimate.

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It was my dad having a heart attack. I definitely have hospital records from that.

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Perfect. That kind of documentation really strengthens your case that the firing was unjustified.

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Quick update on the Claimyr service I mentioned - I actually used it again last week when I had questions about my job search requirements. Got through to an ESD agent in about 15 minutes instead of spending hours trying to call directly. Really worth it when you need answers fast.

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Okay you've convinced me to try it. Better than the endless busy signals I've been getting.

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Same here. If I run into issues with my claim I'll definitely use that service.

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Don't let them intimidate you. Employers sometimes try to scare fired employees into not filing for unemployment. You have every right to apply and let ESD make the determination.

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They actually didn't say anything about unemployment when they fired me. Just told me to clean out my desk.

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Good, that means they probably won't fight your claim too hard. File as soon as possible.

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also make sure you understand the waiting week. there's no payment for your first week of unemployment even if you're approved. caught me off guard when i first filed

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Wait, so even if I'm approved I don't get paid for the first week?

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correct. it's called the waiting week. you still have to file a claim for that week but no payment. every week after that you should get paid if you're eligible

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One last piece of advice - be prepared for your employer to potentially contest your claim. They might say you were fired for misconduct to avoid their unemployment taxes going up. Don't panic if this happens, just respond honestly to any questionnaires ESD sends you.

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What happens if they do contest it?

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ESD will do an investigation called adjudication. They'll contact both you and your employer to get both sides of the story. As long as you're truthful you should be fine.

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Just wanted to say thanks to everyone for all the helpful info. This thread has been really reassuring as someone going through the same thing.

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Same here! I feel much more confident about filing my claim now.

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That's what this community is for - helping each other navigate the unemployment system!

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Final reminder - file your initial claim within the first week of being unemployed to avoid losing any potential benefits. Even if you're not sure you'll qualify, it's better to file and find out than to wait and miss the window.

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Filing tonight for sure. Thanks everyone for all the help and advice!

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Good luck! Hope your claim gets approved quickly without any hassles.

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