Washington ESD eligibility after being fired - am I still able to get unemployment benefits?

What exactly counts as misconduct though? They said I wasn't meeting productivity standards but I feel like they were unrealistic.

Misconduct has to be deliberate or willful violation of company rules. Poor performance due to inability rather than unwillingness usually doesn't count as misconduct.

How long did the review process take? I'm worried about going weeks without any income.

Mine took about 3 weeks for the initial determination. They called both me and my former employer to get both sides of the story.

Is that legit? I'm always skeptical of third-party services when it comes to government stuff.

Yeah it's real. They don't ask for any personal info - just help you get connected when ESD phone lines are busy. Worked for me when I needed to resolve an adjudication issue.

I do have some emails where I raised concerns about the safety issues. Should I include those when I file?

Absolutely. Anything that shows you were acting in good faith and following proper procedures. Retaliation for reporting safety concerns could actually work in your favor.

Good point. Washington state has strong whistleblower protections, so if they fired you for reporting safety violations, that's definitely not misconduct on your part.

Really? I thought attendance issues would count as misconduct. Maybe it depends on the circumstances.

yeah they asked me about it and i explained i was taking care of my sick kid and didn't have reliable childcare. they approved it

I totally get the anxiety. Try to file for other assistance programs in the meantime - SNAP, energy assistance, etc. At least that can help with basic needs while you wait.

Good idea. I didn't even think about other programs. This is all so overwhelming when you're already dealing with losing your job.

That's good advice. I was wondering if I should try to phrase it differently but you're right, they'll get the employer's version anyway.

Exactly. Plus if they catch you being dishonest, that could actually disqualify you even if the firing itself wouldn't have.

That's exactly why I used that Claimyr service I mentioned earlier. They handle the calling for you and actually get you connected to an agent. Worth checking out if you're frustrated with the phone system.

At this point I'm willing to try anything. I'll look into it.

How long does the appeal process take? And do you need a lawyer?

My appeal hearing was scheduled about 6 weeks after I filed it. You don't need a lawyer but you can have one. I represented myself and it went fine.

The appeals process is actually pretty straightforward. Just make sure you have all your documentation organized before the hearing.

That gives me hope. My situation sounds similar - they said performance issues but I think it was really about me speaking up about problems.

Yeah, stick to your guns. If you were doing your job and following the rules, being fired for standing up for yourself or reporting issues shouldn't disqualify you.

I understand the frustration, but every situation is different. That's why they have to review each case individually. What might be misconduct in one context might not be in another.

i guess that makes sense but its still stressful not knowing

Wait, really? I thought you couldn't file weekly claims until your initial claim was approved.

Nope, you file them right away. They'll just hold the payments until your eligibility is determined. But if you don't file them, you can't get paid for those weeks later.

This is super important! I almost missed out on 4 weeks of payments because I didn't know this rule.

Each claim is evaluated on its own merits. An old disqualification shouldn't affect your current claim unless there's a pattern of misconduct.

That's a relief. I was a completely different person back then and this situation is totally unrelated.

That's terrible. Do you think my employer will fight it? They seemed pretty eager to get rid of me.

Hard to say, but even if they do contest it, Washington ESD will still make an independent determination based on the facts. Don't let the possibility of them fighting it discourage you from filing.

What kind of job search activities count? I've been applying online but haven't heard back from anyone yet.

Online applications count, but you also need at least 3 work search activities per week. That can include networking, attending job fairs, or contacting employers directly.

That's pretty cynical but probably not wrong. I've seen too many people give up when they had valid claims just because the process was so frustrating.

That's another reason why services like Claimyr are helpful - they cut through the bureaucratic runaround and actually get you connected to someone who can help.

You should report the job when you file your next weekly claim. The system will automatically stop your benefits once you report full-time employment.

Thanks! I have a promising interview next week so I wanted to know what to do if it works out.

You're absolutely right. I'm going to file today. Thanks everyone for all the advice and encouragement!

Good luck! Remember to keep detailed records of everything and don't give up if you get an initial denial. The appeals process exists for a reason.