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Miguel Alvarez

Washington ESD unemployment after being fired for misconduct - am I eligible?

Got terminated last week from my retail job and they cited 'misconduct' on the paperwork. The manager said I was allegedly not following cash handling procedures properly, though I disagree with their assessment. I've worked there for 8 months with no prior write-ups. Can I still file for Washington ESD unemployment benefits or does the misconduct thing automatically disqualify me? Really stressed about this since I have rent coming up.

You can definitely still apply for unemployment benefits even with a misconduct termination. Washington ESD will investigate and make their own determination - your employer's classification doesn't automatically disqualify you. The key is whether it rises to the level of 'willful misconduct' under state law.

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That's reassuring to hear. Should I file right away or wait to see if my employer contests it?

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File immediately. Don't wait - your benefit year starts when you file, not when it gets approved. If they contest it, you'll go through adjudication but you should still file your weekly claims during that process.

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misconduct is tricky because employers love to claim it even for minor stuff. i got fired for being 'insubordinate' (really just questioned a stupid policy) and still got approved after adjudication took forever

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How long did your adjudication take? I'm worried about how I'll pay bills if this drags on for weeks.

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mine took about 5 weeks but that was during covid when everything was slower. probably faster now but still expect at least 2-3 weeks minimum

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I had a similar situation with cash handling issues. What helped me was gathering all my documentation - employee handbook, any training records, witness statements if possible. Washington ESD looks at the specific circumstances, not just the employer's label. For misconduct to disqualify you, it has to be intentional violation of company policy or criminal behavior.

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I don't have access to my employee file anymore since I was escorted out. How do I get documentation to support my case?

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You can request your personnel file from HR - they're legally required to provide it in Washington state within a reasonable time. Also write down everything you remember about the incident while its fresh.

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This is good advice. Also if you have any coworkers who witnessed what happened, their contact info could be helpful for the adjudication interview.

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Honestly dealing with Washington ESD when there's a misconduct issue is such a pain. I spent hours trying to get through on their phone lines during my adjudication process. If you need to actually talk to someone about your specific case, I found this service called Claimyr that helps you get connected to ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ and their site is claimyr.com. Saved me so much frustration trying to get my questions answered.

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Never heard of that before. Does it actually work or is it just another scam service?

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It's legit - they basically handle the calling for you so you don't have to sit on hold. I was skeptical too but when you're facing a potential disqualification, any help reaching an actual person is worth it.

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Thanks for the tip. I might need that if my case gets complicated.

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THE SYSTEM IS RIGGED AGAINST WORKERS! They'll side with the employer 90% of the time even when the 'misconduct' is totally bogus. I got denied for 'attendance issues' when I had documented medical reasons for my absences. Had to appeal twice before they finally approved me.

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That's not accurate about the 90% figure. Washington ESD follows specific legal standards for misconduct determinations. Medical absences would typically not qualify as misconduct if properly documented.

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Tell that to everyone who gets wrongfully denied initially. The first level reviewers rubber stamp whatever the employer says.

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I understand the frustration but spreading misinformation doesn't help anyone. The adjudication process is designed to be neutral.

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What exactly did they say you did wrong with the cash handling? The details matter a lot for these misconduct cases.

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They claimed I didn't follow the double-count procedure for large bills and that my drawer was short twice in the past month. But the shortages were like $2-3 and could have been honest mistakes or even other cashiers since we shared registers sometimes.

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That sounds more like poor training or system issues than willful misconduct. Small shortages like that happen all the time in retail. Document everything about the shared register situation.

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shared registers?? that's a red flag right there. how can they pin shortages on you specifically if multiple people used the same drawer? that's gonna work in your favor during adjudication

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Exactly! I tried to explain that to my manager but they weren't hearing it. Hopefully Washington ESD will be more reasonable.

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They definitely will be. Employers have to prove intentional wrongdoing, not just that something went wrong.

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File your claim ASAP and be completely honest about what happened. Don't try to hide the misconduct allegation - Washington ESD will find out anyway when they contact your employer. Better to get ahead of it with your side of the story.

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Should I mention the shared register issue in my initial application or wait until the adjudication interview?

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Mention it in the application. Give them the full context right away. The more complete information you provide upfront, the better.

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omg same thing happened to my friend at target!! they said she stole money but it was just register errors and they couldn't prove anything. she got unemployment after fighting it

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That gives me hope. Did she have to appeal or did they approve her on the first review?

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i think she had to do the phone interview thing but then they approved her. took a while though

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When I went through adjudication for a misconduct case, the Washington ESD interviewer asked really detailed questions about company policy, my training, and the specific incidents. They were actually pretty fair and listened to my side. The key is being prepared with specific facts and not getting defensive.

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What kind of questions should I expect? I want to make sure I'm prepared.

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They'll ask about your knowledge of the policy you allegedly violated, your training on it, the specific incidents, and whether you had any warnings. Also about your overall work record and any mitigating circumstances.

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This is really helpful. I wish more people knew what to expect from these interviews.

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Just want to add that even if you get initially denied, don't give up! The appeal process exists for a reason. I know someone who won their appeal for a misconduct case and got all their back benefits paid out.

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

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30 days from the date of the determination notice. Don't wait - appeal immediately if you disagree with their decision.

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The burden of proof is on the employer to show misconduct, not on you to prove innocence. That's important to remember. They have to demonstrate that you intentionally violated policy or acted negligently.

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That's reassuring. With the shared register situation, I don't see how they can prove I was the one responsible for any shortages.

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Exactly. And $2-3 shortages could be anything - customer drops change, counting errors, etc. That's not misconduct level stuff.

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Whatever you do, don't delay filing your claim while you worry about the misconduct thing. I made that mistake and lost out on benefits for the weeks I waited. Even if they deny you initially, at least your claim date is established.

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Good point. I'll file online today. Thanks everyone for all the advice and encouragement!

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That's the right move. Remember to keep filing your weekly claims even during adjudication. Good luck!

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One more thing - if you do need to talk to Washington ESD during your adjudication process and can't get through their regular lines, definitely check out that Claimyr service I mentioned earlier. When you're dealing with a potential misconduct disqualification, being able to actually speak with an agent can make a huge difference in understanding your case status and what they need from you.

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I second this. I used Claimyr when I had questions about my disqualification and it was so much easier than the endless busy signals.

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I bookmarked their site just in case. Hopefully I won't need it but good to have options.

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The whole misconduct determination process can be stressful but try not to panic. Washington ESD sees these cases all the time and they're generally pretty good at sorting out legitimate misconduct from employer retaliation or policy disputes. Your situation with the shared registers and small shortages doesn't sound like the type of willful misconduct they typically use to deny benefits.

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Thanks, that really helps calm my nerves. I've been losing sleep over this whole situation.

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Totally understandable to be stressed. Just focus on gathering your documentation and being honest in your claim. You've got this!

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I went through something similar with a "misconduct" termination about 6 months ago. The key thing to remember is that Washington ESD looks at the actual facts, not just what your employer claims. From what you've described - shared registers, small shortages that could have multiple causes, and no clear proof you were responsible - this sounds like you have a strong case. Make sure to emphasize in your claim that multiple employees used the same register and that the shortages were minor and could have been honest mistakes or system errors. I'd also suggest writing down a detailed timeline of events while everything is still fresh in your memory. The adjudication process can take a few weeks, but don't let that discourage you from filing immediately. Even if there's an initial denial, the appeal process gives you another chance to present your case. Stay positive and document everything!

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This is exactly the kind of detailed advice I needed to hear! Writing down the timeline is a great idea - I'm already starting to forget some of the specifics about which days the shortages supposedly happened. It's encouraging to know that someone with a similar situation made it through the process successfully. I'm definitely going to emphasize the shared register issue since that seems to be my strongest point. Thanks for taking the time to share your experience!

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