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Washington ESD - can you be denied unemployment if fired for misconduct?

Got terminated from my warehouse job last month after being late too many times. My supervisor said it was the final straw after multiple warnings. I filed for unemployment with Washington ESD but I'm worried they'll deny my claim since I was fired. Does being fired automatically disqualify you from getting benefits? I really need this income while I look for another job.

Being fired doesn't automatically disqualify you from Washington ESD benefits. It depends on the reason for termination. If it was for misconduct, that's different than being let go for performance issues or attendance problems. Washington ESD will investigate your separation through an adjudication process to determine if you're eligible.

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What exactly counts as misconduct though? I was just late a bunch of times, not like I stole anything or got into fights.

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Chronic tardiness can sometimes be considered misconduct if you had multiple warnings and continued the behavior. But it's not clear cut - Washington ESD looks at each case individually.

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I got fired from my retail job for attendance issues and still got approved for UI benefits. It took about 3 weeks for them to make a decision though. The key is being honest on your initial claim about why you were terminated.

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That gives me hope! How long did the whole adjudication process take for you?

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About 3 weeks total. They contacted my employer and asked for documentation, then made their decision. I was upfront about the attendance issues when I filed.

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The Washington ESD adjudication process can be frustrating because it's hard to get through to anyone by phone to check on your claim status. I spent weeks trying to call them during my adjudication. If you need to reach them, I'd suggest trying Claimyr - it's a service that helps you get through to Washington ESD agents. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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Never heard of that service before. Does it actually work better than calling directly?

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Yeah, it saved me hours of trying to get through. The regular Washington ESD phone lines are swamped and you usually just get disconnected.

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I'm always skeptical of third-party services but honestly the Washington ESD phone system is so bad I might try anything at this point.

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The difference between misconduct and non-misconduct termination is huge for Washington ESD claims. Misconduct usually means willful violation of company policy or illegal behavior. Simple attendance issues or performance problems often don't rise to that level, especially if you were trying to improve.

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I was definitely trying to improve my attendance. Had some car trouble that made me late but I was working on getting it fixed.

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That's good context to mention if Washington ESD contacts you during adjudication. Shows it wasn't willful misconduct.

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ugh the whole system is so stressful! I'm going through adjudication right now too and it's been 4 weeks with no update. Every day I check the website hoping for news but nothing changes. How are we supposed to pay bills while waiting???

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Exactly! The uncertainty is killing me. At least you're not alone in this.

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Four weeks is longer than usual. You might want to try calling Washington ESD to check if they need additional information from you.

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Had a similar situation - fired for attendance after car broke down and couldn't afford repairs right away. Washington ESD approved my claim because I could show I was trying to address the issue. Key was having documentation of my attempts to fix the transportation problem.

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That's reassuring! I do have receipts from when I was getting my car worked on.

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Perfect! Keep all that documentation handy in case they ask for it during the adjudication process.

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The Washington ESD website has a section that explains misconduct vs non-misconduct but it's pretty vague. Basically they look at whether you had control over the situation and if you were willfully violating policies. Attendance issues due to transportation problems or other circumstances beyond your control are usually not considered misconduct.

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Good to know there's info on their website. I'll check that out.

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Yeah their website actually has decent info, it's just getting through on the phone that's impossible.

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Don't panic yet! I know someone who got fired for being late multiple times and still got benefits. Washington ESD looks at the whole picture, not just the fact that you were terminated. Be honest about what happened and explain any circumstances that contributed to the lateness.

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Thanks for the encouragement. I'm trying to stay positive but it's hard when you're worried about money.

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The adjudication process is where Washington ESD determines if your termination was for misconduct or not. They'll contact your employer and possibly you for more details. It's not automatic denial just because you were fired - I've seen plenty of people get approved even after being terminated.

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How long does adjudication usually take? My claim has been pending for 2 weeks now.

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Usually 2-4 weeks, sometimes longer if they need more information. Two weeks isn't unusual yet.

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I used to work in HR and saw lots of unemployment claims. Simple attendance issues rarely get denied unless there was some kind of job abandonment or complete no-show situation. If you were showing up but just late, that's usually not considered willful misconduct by Washington ESD standards.

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That's really helpful insight from someone who's seen this from the employer side. I was definitely showing up, just not always on time.

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Exactly. There's a big difference between showing up late and not showing up at all. Washington ESD recognizes that distinction.

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Whatever you do, don't lie on your claim about why you were fired. Washington ESD will find out the truth when they contact your employer, and lying will definitely get you denied. Being honest about attendance issues is better than trying to cover it up.

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I was honest on my application. Figured it was better to tell the truth upfront.

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Smart move. Honesty always works better with Washington ESD in the long run.

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If you do get denied, remember you can appeal the decision. I had to appeal my initial denial and ended up winning. The appeal process gives you a chance to explain your side of the story in more detail.

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Good to know there's a backup plan if things don't go well initially.

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The whole system seems designed to make you give up. I'm dealing with something similar - been waiting 5 weeks for a decision on my claim. Tried calling Washington ESD probably 100 times and either get a busy signal or get disconnected after waiting on hold forever.

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That's exactly why I mentioned Claimyr earlier. It really does help get through to actual agents instead of wasting hours on hold.

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Might have to try that. At this point I'm desperate to talk to someone who can tell me what's going on with my claim.

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Keep filing your weekly claims even while you're in adjudication! I made the mistake of not filing for a couple weeks because I thought my claim was denied, but it was just pending. Lost out on those weeks of benefits when I eventually got approved.

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Oh wow, I didn't know that. I've been filing every week but good to know that's the right thing to do.

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Yeah, always keep filing even if you're not getting paid yet. They can pay you retroactively if you get approved.

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Transportation issues are actually pretty common reasons for attendance problems, especially for lower-wage jobs where people can't afford reliable cars. Washington ESD usually takes that into consideration as long as you were making efforts to address the problem.

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Yeah that was definitely my situation. Hard to afford car repairs on warehouse wages.

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My brother got fired for attendance and got approved for benefits. His employer even fought it but Washington ESD still approved him because he could show the attendance issues were due to a sick family member he was caring for. Context matters a lot.

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That's encouraging. Sounds like they really do look at individual circumstances.

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The waiting is the worst part. You're already stressed about losing your job and then you have to wait weeks not knowing if you'll get any income. But hang in there - most people do get approved even after being fired, as long as it wasn't for serious misconduct.

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Thanks for the support. This whole process is way more stressful than I expected.

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Just want to add that even if you do get initially denied, don't give up. The appeal process exists for a reason and sometimes the initial decision gets overturned. I've seen it happen multiple times with attendance-related terminations.

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Good to know. Hopefully it won't come to that but at least there are options.

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One more thing - make sure you're actively job searching and keeping track of your applications. Washington ESD requires job search activities even while your claim is in adjudication. Don't want to create any additional issues.

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Already started applying to other warehouse positions. Thanks for the reminder to keep track of everything.

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Perfect. The job search log is important for maintaining eligibility once you do get approved.

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Update us when you hear back! Would be good to know how it turns out. I think you have a decent chance of getting approved based on what you've described.

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Will do! Fingers crossed it works out. This thread has been really helpful for understanding the process.

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Based on what you've described, you have a good chance of getting approved. Chronic tardiness due to transportation issues typically isn't considered willful misconduct by Washington ESD, especially if you were making efforts to fix the problem. The fact that you were honest on your application works in your favor too. I went through a similar situation last year - got fired for attendance issues related to childcare problems and still got approved after about 3 weeks of adjudication. The key is that you were still showing up to work, just late, which shows you weren't abandoning your job duties. Keep filing your weekly claims while you wait and stay positive!

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