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Matthew Sanchez

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

Got terminated last week from my warehouse job for poor performance. My supervisor said I wasn't meeting productivity standards and had received warnings about it. I've been working there for 8 months and this is my first time being fired. Can I still file for Washington ESD unemployment benefits or will they deny my claim? I'm really stressed about paying rent and need to know if it's worth applying or if I'll just get rejected anyway.

You can definitely apply for Washington ESD benefits even after being fired for poor performance. The key is whether it was misconduct or just not being able to do the job well enough. Poor performance usually isn't considered misconduct unless you were deliberately not trying or violating company policies.

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That's a relief to hear. I was trying my best but just couldn't keep up with their quotas. Should I mention the warnings I received when I file?

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Be honest about everything when you file. Washington ESD will contact your employer anyway to get their side of the story.

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File immediately! Don't wait. I was fired for similar reasons last year and got approved after they investigated. Washington ESD looks at whether you were willfully negligent or just struggling with job requirements.

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How long did the investigation take? I'm worried about waiting weeks without any income.

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Mine took about 3 weeks for adjudication. They had to interview both me and my former employer to determine if it was misconduct.

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Just went through this exact situation. I used Claimyr to get through to Washington ESD when my claim went into adjudication after being fired. The service helped me reach an actual person who explained the process. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process way less stressful.

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Never heard of that service before. Did it actually help you get approved or just get information?

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It helped me speak to someone who could look at my specific case details and explain why my claim was taking so long. That peace of mind was worth it when I was panicking about bills.

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Washington ESD distinguishes between misconduct and poor performance. Misconduct is willful violation of company rules or deliberately not doing your job. Poor performance is inability to meet standards despite good faith effort. From what you described, this sounds like poor performance, not misconduct.

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This makes sense. I was definitely trying but the physical demands were too much for me. The warnings were about not making quota, not about breaking rules.

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Exactly right. I handle these cases and see this distinction all the time. File your claim and be prepared to explain your situation during the adjudication process.

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APPLY NOW! Don't second guess yourself. The worst they can do is say no but you might be surprised. I know three people who got benefits after performance-related terminations in the past year.

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Thanks for the encouragement. I'll file online tonight. Do I need any special documentation from my employer?

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Just your basic employment info. Washington ESD will get the termination details directly from your employer during their investigation.

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Been through Washington ESD adjudication twice. They really dig into whether you were fired for cause or just couldn't handle the job requirements. Performance issues usually aren't disqualifying unless there was gross negligence involved.

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What kind of questions do they ask during the adjudication interview?

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They'll ask about your job duties, the warnings you received, what efforts you made to improve, and whether you understood what was expected of you.

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They also ask your employer to provide documentation of the performance issues and any improvement plans they offered you.

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UPDATE: Filed my claim last night. It's showing as pending and says I need to keep filing weekly claims while they investigate. Feeling more hopeful after reading everyone's responses here.

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Good job filing quickly! Keep doing your weekly claims and start your job search log right away. Washington ESD requires you to be actively looking for work.

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Yes, keep up with everything even during adjudication. If you get approved, you'll get backpay for the weeks you were filing.

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same thing happened to my brother in law last month. he got fired from his delivery job for being too slow and washington esd approved his claim after like 2 weeks. definitely apply

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That's encouraging! Was he worried about it getting denied?

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yeah he was stressed about it but turned out fine. they said it wasnt misconduct just performance stuff

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From a legal perspective, Washington state unemployment law favors claimants in performance-related terminations. The burden is on the employer to prove misconduct, not on you to prove you deserve benefits. Poor performance alone rarely constitutes disqualifying misconduct.

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This is really helpful to understand. I was thinking I had to prove I deserved benefits but it sounds like it's the opposite.

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Exactly. Washington ESD starts with the presumption that you're eligible unless the employer can demonstrate misconduct occurred.

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File ASAP and if you have trouble reaching Washington ESD during adjudication, I had success with Claimyr when my claim got stuck. Really helped me get through to someone who could explain what was happening with my case.

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How long did it take to get through using that service?

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Way faster than trying to call myself. I was getting busy signals for days before I found that option.

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Just want to add that you should document everything about your termination while it's fresh in your memory. Write down the dates of warnings, what your supervisor said, any attempts you made to improve. This will help if you need to appeal.

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Good point. I'll write down everything I remember about the warnings and the final meeting when they fired me.

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Also keep any text messages or emails you might have about the job performance issues. Documentation helps during adjudication.

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Washington ESD is generally pretty fair about performance terminations. I've seen way more people get approved than denied in these situations. The key is being honest about what happened and showing you were making a good faith effort.

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That's reassuring. I was definitely trying my best, just couldn't physically keep up with the pace they wanted.

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That's exactly the kind of situation that usually gets approved. Physical limitations preventing you from meeting quotas isn't misconduct.

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Don't stress too much about this. I work in HR and we rarely contest unemployment claims for performance issues unless there was clear policy violation or attendance problems. Most employers know the difference between can't do the job and won't do the job.

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Do you think my employer will fight the claim since they fired me for performance?

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They might provide their documentation to Washington ESD but that's standard procedure. Unless you were stealing time or violating safety rules, they probably won't actively contest it.

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I got benefits after being fired for not meeting sales targets at my last job. Took about a month for adjudication but Washington ESD ruled in my favor. They said trying hard but not succeeding isn't grounds for disqualification.

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A month sounds long but manageable. Did you have to do an interview with Washington ESD?

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Yes, they called me and asked about my job duties and the circumstances of my termination. Just be honest and stick to the facts.

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whatever you do dont lie on your application. washington esd will find out anyway when they contact your employer and lying will definitely get you disqualified

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Definitely planning to be completely honest. Better to tell the truth and maybe get approved than lie and definitely get denied.

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Absolutely correct. Misrepresentation on an unemployment application can result in penalties and make you ineligible for future benefits.

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Start looking for new work right away too. Washington ESD requires active job search and it shows good faith if your claim goes to adjudication. Keep detailed records of where you apply.

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Already started applying to similar warehouse positions. Should I apply to jobs outside my experience too?

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Yes, cast a wide net but focus on jobs you're actually qualified for. Washington ESD wants to see genuine job search effort.

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Had a friend who used one of those callback services when Washington ESD wasn't answering phones during his adjudication. Think it was called Claimyr or something? Anyway, he said it saved him weeks of stress trying to get updates on his case.

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Several people have mentioned that service. Might be worth looking into if my adjudication drags on.

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Yeah that's the same service I used. Really helps when you're anxious about your claim status and can't get through on the phone.

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The waiting is the worst part honestly. Once you file just try to stay busy with job hunting and don't check your claim status obsessively. Washington ESD will contact you when they need more information.

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Easier said than done but you're right. I need to focus on finding new work instead of worrying about the claim every day.

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Exactly. Use this time productively and you'll be in better shape whether the claim gets approved or not.

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Performance terminations are actually pretty common and Washington ESD sees them all the time. Your situation doesn't sound unusual at all. File your weekly claims, do your job search, and let the process work.

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Thanks everyone for all the advice and encouragement. Feeling much more confident about this now.

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Good luck with your claim! Come back and update us on how it goes.

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One last tip - if Washington ESD schedules a phone interview about your termination, answer the phone! Missing scheduled interviews can delay your claim or even result in denial. They usually give you advance notice.

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Definitely will answer any calls from them. Do they call from a specific number or could it be any number?

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They usually call from a blocked number or one that shows up as Washington state. Check your voicemail regularly too in case you miss it.

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You're absolutely right to file for benefits! Performance terminations are very different from misconduct in Washington state. I went through something similar a few months ago - got let go from a retail job for not meeting sales goals despite really trying my best. Washington ESD approved my claim after about 3 weeks of investigation. The key thing they look for is whether you were willfully negligent or just struggled with the job requirements. From what you described with the warehouse quotas, it sounds like you were making a good faith effort but the physical demands were too much. That's not misconduct - that's just a mismatch between your abilities and the job requirements. Keep filing your weekly claims during the adjudication process and make sure to document everything about your termination while it's still fresh in your memory. You've got this!

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