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Ethan Taylor

Washington ESD - fired employee eligibility for unemployment benefits

My manager terminated me yesterday after a disagreement about overtime scheduling. I've been with the company for 2 years and never had any write-ups or disciplinary issues before this. The firing came out of nowhere - basically they said I was insubordinate for questioning the new mandatory Saturday shifts. I'm really confused about whether I can even apply for unemployment benefits through Washington ESD since I was fired instead of laid off. Does anyone know if being fired automatically disqualifies you from getting UI benefits?

Being fired doesn't automatically disqualify you from Washington ESD unemployment benefits. It depends on the reason for termination. If you were fired for misconduct, that's different than being fired for performance issues or disagreements. You should definitely apply - let Washington ESD make the determination.

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Thanks, that's somewhat reassuring. I'm just worried they'll say questioning overtime was misconduct.

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Questioning overtime policy isn't misconduct unless you were really disrespectful about it. File your claim ASAP.

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Washington ESD looks at whether the termination was for misconduct connected to work. Simply disagreeing with your employer about scheduling isn't misconduct. You need to file your initial claim online and provide your version of events when they ask.

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Should I mention that I never had any prior disciplinary actions? That seems relevant.

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Absolutely mention your clean record. That supports your case that this wasn't a pattern of misconduct.

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I got fired from my last job and still received UI benefits. The key is how you present your case. I had trouble getting through to Washington ESD by phone though - kept getting disconnected. Ended up using Claimyr.com to actually reach someone who could explain the process. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of Claimyr before. Does it actually work for getting through to Washington ESD?

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Yeah it worked for me when I couldn't get through the regular way. Saved me hours of calling.

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How much does something like that cost? I'm already broke from being fired.

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file immediately!! even if you think you might not qualify, let washington esd decide. worst case they deny you and you appeal. but you lose benefits for every week you wait to file

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Good point about not waiting. I'll file today.

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This is so true. I waited 3 weeks thinking I wouldn't qualify and lost out on those benefit weeks forever.

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For Washington ESD to deny benefits for misconduct, they need to prove you willfully violated company policy or acted in a way that showed disregard for your employer's interests. A scheduling disagreement doesn't usually meet that standard unless you were really out of line.

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I was professional about it, just asked if the Saturday requirement was really necessary. Apparently that was enough.

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Sounds like they wanted to get rid of you and used this as an excuse. That's not misconduct.

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Washington ESD will contact your former employer to get their side of the story. Make sure you document everything you remember about the incident and your employment history. They might ask for a phone interview.

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Should I be worried about what my employer will tell them?

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They can only report facts. If they exaggerate or lie, you can dispute it during your interview.

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I had an employer try to make up stuff about me being late all the time. Washington ESD saw right through it when I showed my attendance records.

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The washington esd system is so frustrating when you're trying to get answers about eligibility. I spent days calling and getting busy signals. Finally someone told me about claimyr and I was able to speak with an actual person who walked me through the misconduct determination process.

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I'm dealing with the same phone issues. How exactly does Claimyr work?

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They basically handle the calling for you and get you connected to Washington ESD agents. Way better than the endless busy signals.

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been fired twice and got UI both times. first time was for being late too much (my fault) but they still approved me. second time was for 'attitude problems' which is pretty subjective. washington esd usually sides with the worker unless its really obvious misconduct

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That's encouraging. I was really worried I'd be disqualified automatically.

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The standard is pretty high for misconduct. They don't want to deny benefits unless they have to.

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Make sure you apply for jobs and keep a job search log starting immediately. Washington ESD requires you to be actively looking for work even while your claim is being processed. Don't wait until it's approved.

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Good reminder. I was so focused on the eligibility question I forgot about the job search requirement.

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You need to register with WorkSourceWA too if you haven't already. It's required for most claimants.

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I'm going through something similar right now. Got fired for 'poor performance' but really it was because I couldn't work the crazy hours they wanted. My claim is still in adjudication after 3 weeks. The waiting is killing me.

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3 weeks in adjudication sounds awful. Have you been able to talk to anyone at Washington ESD about it?

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I keep trying to call but can never get through. Might have to try that Claimyr thing people are mentioning.

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Adjudication can take 4-6 weeks sometimes. It's frustrating but they're thorough about misconduct cases.

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The bottom line is that Washington ESD presumes you're eligible unless they can prove misconduct. The burden is on them to show you did something wrong, not on you to prove you didn't. File your claim and let them make the determination.

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That's really helpful to know. I feel much better about applying now.

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Exactly. Don't self-disqualify. Let the system work.

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Same thing happened to my brother last year. Fired for 'insubordination' but really he just questioned a safety policy. Washington ESD approved his claim after about a month of review. Hang in there.

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Thanks for sharing that. It gives me hope that they'll see through the employer's version.

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Employers often label any pushback as insubordination. Washington ESD knows this and looks at the actual circumstances.

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Whatever you do, don't delay filing. Even if your claim gets denied initially, you can appeal and still get benefits retroactively if you win. But you can't get benefits for weeks before you filed, no matter what.

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Filing today for sure. Thanks everyone for the advice and encouragement.

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Good luck! Hope your claim gets approved quickly.

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Let us know how it goes. Always good to hear success stories.

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