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Amina Sy

Washington ESD - Can I get unemployment if I was fired from my job?

I got terminated from my warehouse job last Friday after working there for 8 months. My supervisor said it was due to 'performance issues' but I think it was really because I complained about unsafe working conditions. I've never filed for unemployment before and I'm not sure if being fired disqualifies me. Can you still get Washington ESD unemployment benefits if you were fired? I really need the income while I look for another job.

Yes, you can potentially get unemployment even if you were fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. If it was performance issues or something beyond your control, you might qualify. If it was for violating company rules or gross misconduct, probably not.

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What counts as misconduct exactly? I was never written up for anything serious, just some productivity complaints.

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Generally misconduct means deliberate violations of company policy or criminal behavior. Poor performance usually doesn't count as misconduct unless it was willful.

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File your claim right away! Don't wait. Even if there's a question about eligibility, Washington ESD needs time to investigate. The worst thing you can do is delay filing because you're worried about being denied.

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Should I file online or call? I tried the website but it's confusing.

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Online is usually faster, but if you're having trouble I'd recommend checking out claimyr.com - they help people get through to Washington ESD agents when you need to actually talk to someone. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Your employer will have a chance to contest your claim and provide their side of the story. Washington ESD will then make a determination based on all the information. If they fired you for safety complaints, that could actually work in your favor since retaliation for safety concerns isn't misconduct.

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How long does this process usually take? I need to know if I should start looking for temporary work.

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Initial determination is usually within 2-3 weeks, but if there's an adjudication it can take longer. File now and keep looking for work either way.

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Mine took 6 weeks because my employer contested it. But I eventually got approved and received back pay for the whole period.

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ugh the whole system is so frustrating. they make you jump through hoops even when you obviously deserve benefits. good luck OP

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I know it seems overwhelming but it's worth fighting for if you have a legitimate claim. Don't give up!

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Make sure you document everything about your termination - the exact reason they gave you, any witnesses, any documentation about the safety issues you raised. This will be important if there's a hearing.

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I have some text messages about the safety problems I sent to my supervisor. Would those help?

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Absolutely! Keep copies of everything. Any evidence that shows you were trying to do your job properly or raise legitimate concerns strengthens your case.

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I was fired for attendance issues and still got unemployment because I could prove the absences were due to a medical condition. Don't assume you're automatically disqualified.

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That's encouraging. I was worried I'd be wasting my time applying.

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Definitely apply. The worst they can say is no, but you might be surprised. And if you get denied initially, you can always appeal.

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Pro tip: when you file your weekly claims, make sure you're honest about any work search activities. Washington ESD requires you to be actively looking for work even while your initial claim is being processed.

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How many jobs do I need to apply to each week?

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It's 3 job search activities per week. Can be applications, networking, job fairs, etc. Keep detailed records in case they audit you.

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Wait, if you were fired for safety complaints that could be wrongful termination too. You might want to talk to an employment lawyer.

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I can't afford a lawyer right now, that's why I need the unemployment benefits.

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Many employment lawyers work on contingency for wrongful termination cases. Worth a free consultation at least.

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For now focus on getting your unemployment claim filed. You can explore other options later.

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I went through something similar last year. Got fired for 'attitude problems' but it was really because I wouldn't work unpaid overtime. Washington ESD approved my claim after investigating.

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Did your employer fight it?

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They tried to, but I had documentation showing they were asking me to violate labor laws. Made their case pretty weak.

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Just remember that even if you get approved, there might be a waiting week before benefits start. Plan accordingly for your budget.

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A whole week with no payment? That's going to be rough.

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Yeah, it's tough but that's how the system works. The sooner you file, the sooner that waiting week is behind you.

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One more thing - if Washington ESD schedules a phone interview about your separation, make sure you answer! Missing that interview can result in automatic denial of your claim.

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How will I know if they want to interview me?

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They'll send a letter and/or notification through your online account. Check both regularly.

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I missed my interview because I couldn't get through when they called. Had to appeal and it took months to sort out. Don't let that happen to you.

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honestly if you're having trouble reaching washington esd by phone (which happens a lot), that claimyr service someone mentioned earlier really works. used it myself when i was stuck in adjudication hell

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Is it expensive? I'm obviously not in a position to spend much money right now.

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it's worth it if you're stuck and can't get through otherwise. saved me weeks of calling and getting busy signals

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File your claim TODAY. Seriously. Don't overthink it. The application will ask for details about your separation and you can explain your side of the story there.

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Okay, I'm convinced. Going to do it right after work tonight. Thanks everyone for the advice.

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Good luck! Remember to keep copies of everything and stay persistent with your job search.

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Update us on how it goes! There are a lot of people in similar situations who could benefit from hearing about your experience.

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Will do. Hopefully I'll have good news to share in a few weeks.

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Just make sure when you file that you're completely honest about the circumstances of your termination. Any inconsistencies between your story and your employer's can hurt your case.

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Definitely. I'm not trying to hide anything, I just want to make sure I present my side clearly.

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That's the right attitude. Facts are your friend in these situations.

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had a friend who got fired for 'performance' but really it was discrimination. took 3 months but she got her benefits and won a separate lawsuit. don't give up

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That's inspiring. I hope my case goes smoother than that though.

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Remember that if you do get denied initially, you have the right to appeal. The appeals process gives you another chance to present your case with more documentation.

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How long do you have to file an appeal?

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30 days from the date of the determination letter. Don't wait if you disagree with their decision.

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Good luck OP. Being fired sucks but at least unemployment benefits can help bridge the gap while you find something better.

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Thanks. I'm trying to stay positive about finding a better job that actually cares about worker safety.

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If you do end up needing to call Washington ESD and can't get through, that claimyr thing really does work. I was skeptical at first but it got me connected when I'd been trying for days on my own.

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Several people have mentioned it now. I'll keep it in mind if I run into problems.

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Yeah, sometimes you just need to talk to an actual person to get things sorted out. The automated system can only do so much.

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The fact that you complained about safety issues before being fired is actually a strong point in your favor. Document that timeline carefully.

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I have dates on the text messages I sent, so that should help establish the timeline.

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Perfect. That kind of documentation can make all the difference in these cases.

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