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Tyler Lefleur

Washington ESD disqualification reasons - what disqualifies you from unemployment benefits?

I'm trying to understand all the ways someone can get disqualified from unemployment in Washington. My friend just got denied and Washington ESD said it was due to 'misconduct' but didn't give specifics. I want to make sure I don't accidentally do something that would disqualify me from benefits if I ever need to file. Does anyone know the main reasons Washington ESD will disqualify you? I've heard about quitting without good cause and getting fired for misconduct, but are there other things too?

Washington ESD has several main disqualification categories. The big ones are: 1) Quitting without good cause connected to work, 2) Being discharged for misconduct, 3) Refusing suitable work without good cause, 4) Not being able and available for work, 5) Not actively seeking work. There are also some fraud-related disqualifications if you provide false information.

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What exactly counts as 'misconduct' though? Is it just like stealing or can it be other things too?

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Misconduct includes things like violation of company policy, insubordination, excessive tardiness/absences, dishonesty, or any willful act that harms the employer's interests. It has to be more than just poor performance though.

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Don't forget about the work search requirements! If you don't do your required job search activities each week, that can disqualify you too. Washington ESD requires 3 job search activities per week unless you're in approved training or have a union referral.

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Wait, is it really 3 per week? I thought it was more than that...

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It's 3 for most people, but some folks might have different requirements based on their situation. You can check your specific requirements in your eServices account.

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The main disqualification reasons for Washington ESD are: quitting without good cause, being fired for misconduct, refusing suitable work, not meeting work search requirements (3 job contacts per week), not being able and available for work, and not reporting earnings correctly on your weekly claims. There are also some specific situations like being in school full-time or not being authorized to work in the US.

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Mei Liu

What exactly counts as 'misconduct' for getting fired? Is being late a few times enough to disqualify you?

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It has to be willful misconduct that's work-related. Occasional tardiness usually isn't enough unless it was chronic and you were warned. Things like theft, violence, insubordination, or repeated policy violations after warnings typically qualify as misconduct.

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Don't forget about the earnings reporting issue - that's a big one! If you work part-time while collecting UI and don't report those earnings on your weekly claim, Washington ESD will disqualify you and may even hit you with an overpayment. Always report ALL earnings, even if it's just $50 from a side gig.

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This happened to my cousin! She did some freelance work and forgot to report it. Now she owes back like $2000 and is disqualified.

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Exactly - and those overpayments can really add up fast with penalties and interest. Washington ESD takes unreported earnings very seriously.

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I got disqualified once for not being available for work. I had told them I was only available part-time because of childcare issues, but apparently that wasn't considered 'able and available' for UI purposes. Had to appeal and show I had childcare arrangements to get it reversed.

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How long did the appeal take? That sounds really stressful.

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About 6 weeks total. The hardest part was actually getting through to Washington ESD to discuss my case. I ended up using this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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Another big one is if you're receiving certain other benefits. Like if you're getting workers' comp or disability payments, that can affect your UI eligibility. Also if you're self-employed and didn't pay into the UI system, you won't qualify for regular unemployment.

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What about if you're getting Social Security? Does that disqualify you?

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Social Security retirement benefits can reduce your UI benefits, but they don't automatically disqualify you. It depends on your age and the amount you're receiving.

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ugh the washington esd system is so confusing!! i got disqualified because they said i quit voluntarily but i only quit because my boss was harassing me. apparently that might be 'good cause' but now i have to prove it and its so stressful

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Harassment can definitely be good cause for quitting! You'll want to document everything - emails, witness statements, any HR complaints you filed. The key is showing you tried to resolve it before quitting.

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i have some texts and emails saved. do you think thats enough? i never went to HR because it WAS the HR person harassing me

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That's actually a really strong case for good cause! Keep all that documentation. When HR is the problem, you're not expected to report to them first.

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The job search requirement is where a lot of people get tripped up. You need to make 3 job search contacts per week and keep detailed records in WorkSourceWA. If you can't prove you did your job searches when Washington ESD audits you, they'll disqualify you retroactively.

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Wait, do online applications count as job search contacts? I've been applying to everything on Indeed but not sure if I'm documenting it right.

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Online applications definitely count as long as you log them properly in WorkSourceWA with the employer name, position, date, and method of contact. Just make sure you're applying to jobs you're actually qualified for.

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I've seen people get disqualified for not reporting work or wages correctly on their weekly claims. Even if it's an honest mistake, Washington ESD can consider it fraud if you don't report all your earnings.

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How strict are they about reporting? Like if you forgot to report $20 from a side gig?

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They're pretty strict. Any work or wages need to be reported, regardless of amount. Better to report everything and let them calculate the reduction than to risk a fraud determination.

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Here's something people don't realize - you can get disqualified for not being 'able and available' even if you think you are. This includes things like having transportation issues, childcare problems, or health issues that prevent you from accepting work. Washington ESD is pretty strict about this.

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Mei Liu

So if my car breaks down and I can't get to work, that could disqualify me?

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Potentially yes, especially if it prevents you from accepting suitable work offers. You need to be genuinely available for full-time work to qualify for UI benefits.

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Criminal convictions can also disqualify you in some cases. If you're convicted of something that happened at work, or if you're incarcerated, you won't be eligible for benefits during that time.

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Is that permanent or just while you're dealing with the legal stuff?

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Usually just during incarceration or while the work-related case is active. Once that's resolved, you might be able to reapply depending on the circumstances.

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Don't forget about the earnings requirements! You need to have earned enough wages in your base period to qualify. I think it's something like $3,000 in your highest quarter and total earnings of 1.5 times your highest quarter.

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What's a base period? I keep seeing that term but don't understand it.

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The base period is the first 4 of the last 5 completed calendar quarters before you file. So if you file in January 2025, your base period would be January-December 2024.

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I got denied initially because Washington ESD said I didn't have a valid reason for quitting, but it turned out they just didn't have all the information. Sometimes the employer doesn't report the full story to ESD.

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How did you get that fixed? Did you have to appeal?

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Yeah, I had to file an appeal and provide documentation. It was worth it though - I got all my benefits backdated once they had the full picture.

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I got disqualified once for 'refusing suitable work' and it was ridiculous. The job they wanted me to take paid 30% less than my previous job and had terrible hours. Apparently that still counted as suitable work according to Washington ESD. Had to go through a whole appeal process.

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The suitable work rules are based on how long you've been unemployed. After a certain period, they expect you to accept jobs that pay less than your previous wage. It's frustrating but that's how the system works.

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Yeah I learned that the hard way. Now I know to be really careful about any job referrals from WorkSource.

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If you're having trouble reaching Washington ESD to clarify any of these disqualification issues, I found this service called Claimyr (claimyr.com) that helps you get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling when I needed to resolve a disqualification issue.

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Mei Liu

How does that work exactly? Do they actually get you through to Washington ESD faster?

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Yeah, they handle all the calling and waiting for you. When they get an agent on the line, they connect you. Way better than sitting on hold for hours or getting hung up on.

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Don't forget about the voluntary quit situations that CAN qualify you for benefits. If you quit for good cause like unsafe working conditions, harassment, or significant changes to your job duties, you might still be eligible. But you have to prove the good cause to Washington ESD.

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What kind of proof do they want for unsafe working conditions? I quit my last job because my boss wouldn't fix safety issues but I'm worried about being disqualified.

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Documentation is key - photos, emails, complaints to supervisors, OSHA reports if you filed any. The more evidence you have, the better your chances of proving good cause for quitting.

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Immigration status can also affect eligibility. You need to be authorized to work in the US and meet certain requirements if you're not a citizen.

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Do you know what the specific requirements are for non-citizens?

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It varies by immigration status, but generally you need valid work authorization. Green card holders usually qualify, but it gets more complicated with other visa types.

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The phone system at Washington ESD is impossible!! I've been trying to get through for weeks to ask about my disqualification and either get busy signals or get hung up on after waiting for hours.

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I had the same problem until someone told me about Claimyr. It's a service that helps you get through to ESD agents. Saved me so much time and frustration trying to reach someone about my claim status.

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Really? How does that work? I'm desperate at this point.

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You just go to claimyr.com and they handle the calling for you. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Way better than sitting on hold for hours.

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Age can also be a factor in some cases. If you're receiving Social Security retirement benefits before full retirement age, there are earnings limits that could affect your UI eligibility.

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I didn't know that! Is there a specific age where this kicks in?

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It's complicated and depends on your Social Security status. If you're under full retirement age and receiving SS benefits, there are annual earnings limits that could impact both your SS and UI benefits.

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Military discharge type can matter too. Dishonorable discharge might affect your ability to get certain benefits, though I'm not sure about the specifics for Washington unemployment.

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I think veterans usually have some special provisions, but you're right that discharge type probably matters.

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Yeah, there's definitely special rules for military service. Probably worth checking with ESD directly if you're a veteran with questions about eligibility.

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I've been doing this for years and the biggest mistake I see is people not understanding the 'able and available' requirement. You can't just collect benefits while taking a long vacation or dealing with major personal issues. You have to genuinely be ready to start work immediately if offered a job.

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What about if you're going to school part-time? Does that affect your availability?

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Part-time school is usually okay as long as it doesn't interfere with your ability to work full-time. But full-time school will typically disqualify you unless you're in an approved training program.

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Here's something people don't always realize - if you're a student, your eligibility might be limited. Generally you need to be available for full-time work, which can conflict with full-time student status.

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What about part-time students? I'm thinking about taking some classes while I look for work.

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Part-time students usually can still qualify as long as school doesn't interfere with your availability for work. The key is being able to accept full-time work if offered.

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The whole 'suitable work' thing is tricky too. If you turn down a job offer, Washington ESD will look at whether it was 'suitable' based on your skills, experience, and local wage standards. Turning down unsuitable work won't disqualify you, but suitable work will.

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How do they define suitable? Like does it have to be the same type of job you had before?

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Not necessarily the same type, but it should match your skills and experience reasonably. They also consider things like commute distance, hours, and pay compared to local standards for similar work.

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I learned the hard way that you can't just stop filing weekly claims if you think you might be disqualified. You have to keep filing while any appeals or investigations are ongoing, or you could lose benefits for those weeks even if you win your appeal.

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That's really good to know! I would have assumed you should stop filing if there was a problem.

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Nope, keep filing! The worst that happens is they don't pay you for those weeks, but if you stop filing you definitely won't get paid for them even if your disqualification gets overturned.

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The income reporting thing is so confusing though! Like if I do gig work like DoorDash or Uber, do I have to report every single day I work? And what about tips?

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Yes, you report ALL income earned during the week you're claiming, regardless of when you get paid. So if you DoorDash on Tuesday, you report those earnings on that week's claim even if the payment doesn't hit your account until Friday.

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Ugh that's going to be a nightmare to track. I guess I better start keeping better records.

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Can you get disqualified for filing your weekly claims late? I sometimes forget until Sunday night and file them then instead of earlier in the week.

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Filing late occasionally shouldn't disqualify you, but it can delay your payments. However, if you miss filing a weekly claim entirely, you might lose that week's benefits permanently depending on the circumstances.

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I missed a whole week once because I was sick and forgot. Washington ESD said too bad, no benefits for that week. Pretty harsh if you ask me.

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What about if you get fired during your probationary period? I was let go after 2 months at a new job and they said it was because I 'wasn't a good fit' but didn't give any specific reasons.

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Being fired during probation usually doesn't count as misconduct unless they can prove you did something wrong. 'Not a good fit' or performance issues typically qualify you for benefits as long as you were trying to do the job properly.

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That's a relief! I was worried I wouldn't qualify since it was so early in the job.

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I know someone who got disqualified because they were getting workers comp at the same time as unemployment. Apparently you can't collect both at once in Washington state.

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Right, if you're receiving workers compensation benefits, you're considered unable to work, which disqualifies you from UI benefits. You have to choose one or the other.

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That seems unfair since workers comp pays way less than unemployment usually.

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The whole system is designed to trip you up honestly. Between the job search requirements, earnings reporting, and all these different ways to get disqualified, it feels like they want you to fail. At least now there are services like Claimyr to help when you need to actually talk to someone at Washington ESD.

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I hear you on the frustration. The rules are complicated and they don't make it easy to understand what you need to do. Having a way to actually reach an agent when you have questions definitely helps.

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Exactly! I used Claimyr twice when I had questions about my work search requirements and it saved me from potentially getting disqualified for doing something wrong.

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Don't forget about the drug and alcohol disqualifications too. If you're fired for being under the influence at work or failing a drug test, that's automatic misconduct and disqualification.

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What about medical marijuana though? If you have a prescription but your employer has a zero tolerance policy?

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That's a tricky area. Even with medical marijuana being legal, many employers can still fire you for testing positive, and Washington ESD might still consider it misconduct depending on your job duties.

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I think the key is just being completely honest on your application and weekly claims. Don't try to hide anything because they'll find out eventually and then you'll be in much worse trouble with potential fraud charges.

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Mei Liu

Good point. Better to be upfront about everything from the start rather than risk getting caught in a lie later.

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Absolutely. The penalties for fraud are way worse than just being disqualified for a legitimate reason.

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Last thing - if you do get disqualified, don't just accept it! You have the right to appeal and many disqualifications get overturned if you have good documentation and present your case properly. I successfully appealed a misconduct disqualification with help from an advocate.

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Mei Liu

How long do you have to file an appeal if you get disqualified?

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You have 30 days from the date of the disqualification notice to file your appeal. Don't wait - start gathering your documentation immediately if you think the decision was wrong.

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Drug testing can also be an issue in some cases. If you're fired for failing a drug test, that's usually considered misconduct. And if you're required to participate in drug testing as part of your job search and refuse, that could disqualify you too.

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Wait, they can require drug testing for unemployment? I've never heard of that.

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It's not common, but in certain industries or if you're referred to specific jobs through WorkSource, drug testing might be required. Refusing when it's a legitimate job requirement could be considered refusing suitable work.

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This is all so overwhelming! I wish Washington ESD was clearer about all these rules upfront instead of people finding out after they get disqualified.

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The good news is that most disqualifications can be appealed if you have good cause or if there was a misunderstanding. Don't give up if you think the decision was wrong!

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Definitely appeal if you think it's wrong. I got my disqualification overturned after providing more documentation. The appeal process exists for a reason.

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Thanks everyone. This thread has been really helpful in understanding what to watch out for. At least now I know what questions to ask if I ever need to file for unemployment.

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