Sudden firing after company buyout - can I claim ESD unemployment benefits?
Our company just got acquired by another business last month. During the transition meetings, management specifically told me my position was secure and "not to worry" about my job. I've been in training with the new company for about a week, and today when I showed up for my shift, they told me I was fired! When I asked why, they first claimed I had missed scheduled work days, which is completely false - I have perfect attendance and can prove it. When I challenged them on this, they immediately changed their story and said "we're cutting staff." I'm pretty sure they're just trying to get rid of employees from the old company despite what they promised. Can they legally fire me like this with no warning and changing reasons? More importantly, can I qualify for unemployment benefits through ESD in this situation? I've never applied before and don't know what makes someone eligible after being fired. Do I need documentation of their contradicting reasons? This feels really unfair after they specifically told me my job was safe during the acquisition.
15 comments
Diego Rojas
Yes, you can absolutely claim unemployment in this situation. Washington is an "at-will" employment state, which unfortunately means they CAN legally fire you without cause (although it's shady they changed their reason). The good news is that being let go due to "staff cuts" is definitely a qualifying reason for unemployment benefits. What matters to ESD is that you weren't fired for misconduct. When you file your claim, they'll contact your employer who will need to provide actual evidence of misconduct if they want to challenge your benefits. Their changing story works in your favor. Be honest in your application about what happened - that you were told your job was secure, worked for a week post-acquisition, then were terminated with initially false reasons about attendance before they admitted it was staff cuts.
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Chloe Martin
•Thank you for the clear explanation! Do you know if I should mention both reasons they gave me when I file my claim? I'm worried they might try to tell ESD I was fired for missing work (which again, isn't true).
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Anastasia Sokolov
The EXACT same thing happened at my company last year!!! New owners came in, promised everyones jobs were safe, then started firing people with bs reasons. DOCUMENT EVERYTHING RIGHT NOW while its fresh. Save any emails or texts about your job being secure. Write down today's convo with dates/times/who said what. They'll probably fight your unemplyment claim so u need proof.
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Chloe Martin
•Good advice - I just went through my email and found the company-wide message where they promised job security during the transition. I also have my timesheet records that prove I never missed any scheduled days. I'll write down today's conversation too.
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Sean O'Donnell
i got fired once and still got unemployment cuz its rly about if u did something BAD like steal or no show a bunch. reduction in workforce is 100% covered so ur good to go just apply right away dont wait
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Zara Ahmed
This is absolutely a legitimate unemployment claim. Apply ASAP because: 1) There's a waiting week before benefits start 2) They're clearly making up reasons to fire you 3) Even if it's a reduction in force, that's a qualifying reason When you file, you'll be asked about the separation reason. Be honest but concise - explain they initially claimed missed work (which wasn't true) and then admitted it was staff reduction. The employer will be notified and get a chance to respond. Be prepared for them to potentially contest your claim, but with your documentation, you should prevail. One important thing: once approved, you must complete 3 job search activities each week and document them. Take this seriously as ESD does audit these.
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Chloe Martin
•Thanks for the detailed advice. I'll file my claim today. Do you know how long ESD typically takes to process new applications? I'm worried about making rent next month.
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StarStrider
Just want to point out, your situation isn't unique. New management always keeps people just long enough to extract information or get through a transition before cutting them loose. The "staff reduction" excuse is so they don't have to admit they mislead you. Completely legal unfortunately but DEFINITELY qualifies for unemployment. Just make sure you're ready if they try to contest it.
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Luca Esposito
I had a NIGHTMARE getting through to ESD when I got laid off earlier this year. Spent HOURS on hold only to get disconnected over and over. Finally discovered Claimyr (claimyr.com) which got me through to an actual ESD agent in about 15 minutes. There's a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it because the agent was able to verify that my application was processing correctly and explained what to expect. With your situation and the potential for the employer to contest, you might want to speak directly with an agent to make sure everything is properly documented from the start.
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Anastasia Sokolov
•OMG thank you for this!!!! I've been trying to get through to ask about my adjudication for THREE WEEKS!!! Gonna try this tomorrow morning.
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Nia Thompson
Just to clarify something that others haven't mentioned - when ESD contacts your employer about your claim, they'll be looking specifically at whether your separation was due to: 1. Lack of work (including staff reductions) 2. Voluntary quit 3. Discharge for misconduct If they try the "missed work" excuse, that would fall under #3, but they would need documentation showing you were warned, had a pattern of absences, etc. The fact they immediately switched to "staff reduction" when challenged suggests they have no such documentation. Make sure to thoroughly explain the situation when you file, and if your claim ends up in adjudication (which it might), be prepared to provide those emails about job security and your attendance records. I was in adjudication for 6 weeks last year before getting approved with backpay, so just be mentally prepared that it might not be instant approval.
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Chloe Martin
•6 weeks is a long time to wait! I hope mine goes through faster than that. Is there anything I can do to speed up the process or at least improve my chances of getting approved without a lengthy adjudication?
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Nia Thompson
•Submit all your documentation upfront instead of waiting for them to ask. Include a clear timeline of events with your initial claim if possible. And most importantly, keep filing your weekly claims even while waiting for the initial determination! If approved, you'll get paid for all those weeks, but only if you've been filing consistently.
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Zara Ahmed
To answer your earlier question about timing - standard processing is 2-3 weeks IF there's no dispute from the employer. But with the changing reasons they gave you, there's a good chance they'll contest it and your claim will go to adjudication. That can take anywhere from 3-8 weeks in my experience. Make sure you: 1. File immediately 2. Submit any documentation proactively 3. Keep filing weekly claims while waiting 4. Start your job search right away (3 activities per week) 5. Document EVERYTHING (save emails, write down conversations) And most importantly - be 100% honest on your application. Any discrepancies could delay things even further.
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Chloe Martin
•This is really helpful, thank you. I just submitted my initial claim and uploaded the email showing they promised job security plus my attendance records. Fingers crossed it goes smoothly!
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