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Ellie Perry

Washington ESD eligibility after getting fired - confused about unemployment benefits

So I got terminated from my job last Friday and I'm wondering if I can even apply for unemployment benefits through Washington ESD. My supervisor said it was due to 'performance issues' but honestly I think they just wanted to get rid of me because I questioned some of their practices. I've been working there for almost 2 years and never had any formal write-ups or disciplinary actions. Does Washington ESD consider being fired as disqualifying for UI benefits? I really need the income while I look for another job.

You can definitely apply! Being fired doesn't automatically disqualify you from Washington ESD unemployment benefits. The key factor is whether you were terminated for 'misconduct' as defined by Washington state law. Performance issues alone usually don't count as misconduct unless there was willful or wanton disregard of your employer's interests.

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That's really helpful, thank you! So should I mention the performance issues when I file my claim or just say I was terminated?

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Be honest on your application. Washington ESD will contact your former employer anyway, so it's better to provide your side of the story upfront. Performance issues are different from misconduct.

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I was in a similar situation last year. Got fired for supposedly not meeting sales targets but I knew it was really because I complained about unsafe working conditions. Washington ESD approved my claim after about 3 weeks of adjudication.

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Did you have to go through an appeal process or did they approve it right away?

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No appeal needed. They did the fact-finding thing where they called both me and my employer, then decided in my favor.

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If you're having trouble getting through to Washington ESD to check on your claim status, I found this service called Claimyr that helps you get connected to actual agents. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling and getting hung up on.

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How much does something like that cost? I'm already tight on money.

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It's worth checking out their site for the details. For me, the time saved was definitely worth it since I was spending entire days trying to get through.

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The Washington ESD system is so broken. They'll probably put your claim in adjudication for weeks even though you obviously qualify. I got fired for attendance issues (had to miss work for medical appointments) and it took them 6 weeks to approve my claim!

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6 weeks?? That's insane. How did you survive financially during that time?

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Had to borrow money from family and use credit cards. The back pay helped eventually but those weeks were rough.

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Here's what you need to know about Washington ESD and terminations: Misconduct has to be connected to work and show willful disregard. Things like attendance issues, performance problems, or personality conflicts usually don't qualify as misconduct. However, things like theft, violence, or repeatedly violating clear company policies would be misconduct.

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What about if you get fired for arguing with your boss? Is that considered misconduct?

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Depends on the circumstances. A single argument probably wouldn't be misconduct, but a pattern of insubordination might be. Each case is evaluated individually by Washington ESD.

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Update: I filed my initial claim online through the Washington ESD website. It was pretty straightforward but now I'm in 'pending' status. How long does the adjudication process usually take?

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Mine took about 3 weeks like I mentioned, but I've heard it can be anywhere from 2-8 weeks depending on how complicated your case is.

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The adjudication timeline really varies. If it's a straightforward termination case, it might be quicker. If there are conflicting stories between you and your employer, it could take longer.

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I'm going through something similar right now. Got let go for 'not being a good fit' after 6 months. No formal warnings or anything. Filed my claim two weeks ago and still waiting to hear back from Washington ESD.

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That sounds even more vague than my situation. 'Not being a good fit' doesn't sound like misconduct at all.

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That's what I'm hoping. My former employer hasn't contested the claim yet so maybe it'll go through without issues.

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Don't forget you have to do your weekly claims even while your initial claim is in adjudication! I made that mistake and it delayed my benefits even more. Make sure you're logging into your Washington ESD account every week.

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Oh wow, I didn't know that! I thought I had to wait until they approved my claim. Thanks for the heads up.

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Yeah, you have to file weekly claims from the very beginning. The system will hold them until your initial claim is approved, then release all the back payments at once.

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If you end up needing to speak with someone at Washington ESD about your claim status or have questions about the adjudication process, that Claimyr service I mentioned earlier really does work. I was skeptical at first but it got me through to an actual person in like 10 minutes instead of the usual hours of busy signals.

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I might look into that if this drags on much longer. The wait times are pretty brutal right now.

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One thing to keep in mind - even if Washington ESD initially denies your claim, you have the right to appeal. The appeal process can overturn the initial decision if you provide additional evidence or clarification about your termination.

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How long do you have to file an appeal if they deny it?

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You have 30 days from the date of the determination notice to file an appeal with Washington ESD. Don't wait - the deadline is strict.

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This whole system is so stressful. I got fired three months ago for supposedly violating company policy but they never explained what policy. Still fighting it through the appeal process. At least I finally got connected to someone who could explain my options - used some calling service that helped me get through the phone lines.

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Was that the Claimyr thing someone mentioned earlier? I'm getting desperate trying to reach anyone at Washington ESD.

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Yeah, that's the one. Really helped when I needed to get clarification on my appeal status.

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For everyone dealing with these situations, remember that Washington ESD has to prove misconduct occurred - you don't have to prove you weren't guilty of misconduct. The burden of proof is on the employer to show that your actions were willful and substantial enough to constitute misconduct under Washington state law.

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That's actually really encouraging. My employer's reason was so vague I doubt they can prove actual misconduct.

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Exactly. Vague reasons like 'performance issues' or 'not a good fit' are usually not sufficient to establish misconduct for Washington ESD purposes.

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just went thru this myself - got fired for being late too many times but I had medical issues that caused the tardiness. Washington ESD approved my claim after I provided medical documentation during the fact-finding process

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Did you have to get documentation from your doctor or was it enough to just explain the medical issues?

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I provided a letter from my doctor explaining the medical condition. Washington ESD took that into consideration when making their determination.

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Another update from my experience - even after Washington ESD approved my claim, my former employer tried to contest it. But since I had documented all the safety issues I complained about, their contest was denied. Keep records of everything!

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Good advice! I wish I had documented more of the issues I raised with management.

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It's not too late - write down everything you remember with dates if possible. It might help if your employer contests your claim.

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The whole misconduct definition is really specific in Washington state. I looked it up after my termination and it has to be something that shows 'willful or wanton disregard of the employer's interest.' Simple mistakes or performance issues don't meet that standard.

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Where did you find the official definition? I'd like to read it myself.

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It's in the Washington Administrative Code (WAC). You can find it on the Washington ESD website under their eligibility requirements section.

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My brother got fired last year for what his employer called 'insubordination' but it was really just him asking questions about overtime pay. Washington ESD approved his claim because asking about legal wage issues isn't misconduct - it's actually protected activity.

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That's similar to my situation with questioning their practices. Hopefully Washington ESD sees it the same way.

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Yeah, whistleblowing or raising legitimate workplace concerns is usually protected. Your situation sounds like it should qualify for benefits.

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Update on my case - just got approved! Took exactly 3 weeks from filing to approval. My employer didn't contest it and Washington ESD determined that 'not being a good fit' wasn't misconduct. Super relieved!

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That's awesome! Gives me hope for my own case. Did you get all the back pay for the weeks you were waiting?

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Yes! Got all the back payments in one lump sum. Made sure to keep filing my weekly claims during the waiting period like someone mentioned earlier.

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For anyone still struggling to get updates on their claims, that Claimyr service has been really helpful for multiple people in this thread. Sometimes you just need to talk to an actual person to understand what's happening with your case, especially during adjudication.

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I might try that. Been trying to call Washington ESD for two weeks to check on my claim status and can never get through.

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Definitely worth checking out. The demo video on their site shows exactly how it works: https://youtu.be/7DieNd3C7zQ

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Final update - my claim was approved! Took 4 weeks total but Washington ESD determined that performance issues without documented misconduct don't disqualify you from benefits. Thanks everyone for the advice and support. For anyone in a similar situation, don't give up and make sure to keep filing your weekly claims even during adjudication!

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Congratulations! That's exactly the outcome I expected based on what you described. Performance issues rarely constitute misconduct under Washington ESD standards.

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So glad it worked out! Now you can focus on finding a better job without the financial stress.

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Awesome news! It's great when the system works the way it's supposed to.

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