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Declan Ramirez

Washington ESD unemployment after being fired for tardiness - can I still collect benefits?

My supervisor terminated me last week after I was late three times in two months. I had legitimate reasons each time - car trouble twice and a family emergency once. I was never written up formally before this happened. Can I still file for unemployment benefits with Washington ESD or will they deny my claim? I'm worried about the misconduct aspect since technically I was fired. Has anyone been in this situation and successfully gotten benefits approved?

You can definitely apply for benefits. Being late occasionally usually doesn't qualify as gross misconduct that would disqualify you from UI benefits. Washington ESD looks at whether your actions were willful and substantial. If you had legitimate reasons and weren't repeatedly warned, you might have a good case.

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That's encouraging. I was never formally disciplined before this termination. Should I mention the reasons I was late when I file my claim?

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Yes, definitely include those details in your initial claim and be prepared to explain them if Washington ESD contacts you for an interview.

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I got fired for attendance issues last year and still qualified for unemployment. The key is that it has to be willful misconduct, not just poor performance or isolated incidents. Three times in two months with valid reasons probably won't meet their misconduct threshold.

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How long did it take for Washington ESD to make a decision on your claim?

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About 3 weeks. They did call me for a phone interview to get my side of the story, but it was approved after that.

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Just went through this exact situation. My claim was initially denied but I appealed and won. If Washington ESD denies your claim initially, don't give up. The appeal process really examines whether the employer followed proper progressive discipline procedures. Since you mentioned no formal write-ups, that works in your favor. I used Claimyr to get through to an agent quickly when I had questions about my case - they have a service that helps you reach Washington ESD by phone without waiting on hold for hours. Check out claimyr.com and their demo video at https://youtu.be/7DieNd3C7zQ

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Thanks for the Claimyr tip! I've been dreading trying to call Washington ESD. How did your appeal hearing go?

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The hearing was actually pretty straightforward. The judge focused on whether my employer had a clear attendance policy and if I was aware of potential consequences. Since they couldn't prove I willfully violated policy, I won.

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Never heard of Claimyr before but that sounds useful. I've been trying to reach Washington ESD for weeks about my own claim issues.

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File your claim immediately regardless. Even if there's a chance of denial, you want to get your claim date established. The worst thing you can do is wait and potentially lose weeks of benefits while you're deciding whether to apply.

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Good point about the timing. I'll file this weekend when I have time to gather all my employment information.

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Yes, definitely don't wait! The sooner you file, the sooner the clock starts ticking on your benefit year.

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This whole system is so frustrating. Employers can fire you for almost anything and then you have to prove you deserve benefits. I got fired for being 5 minutes late ONCE and had to fight for months to get my unemployment approved. At least Washington ESD eventually sided with me but the stress was unreal.

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That's exactly what I'm worried about. The uncertainty of not knowing if I'll qualify is making me anxious about paying my bills.

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I understand the frustration, but the system does protect workers from arbitrary terminations. Most reasonable tardiness situations don't rise to the level of misconduct.

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Make sure you document everything about your termination. Get a copy of your employee handbook if possible, any emails about the incidents, and write down exactly what happened each time you were late. Washington ESD will want specifics if they do an investigation.

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I should still have access to my work email for a few more days. I'll see if there are any relevant messages I should save.

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Also check if your employer has an official attendance policy. If they didn't follow their own procedures, that strengthens your case significantly.

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Same thing happened to my brother except he was late like 10 times in a month and still got unemployment lol. I think you'll be fine with just 3 times especially with good reasons.

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That does make me feel better about my chances. Three times really doesn't seem excessive over two months.

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Every case is different though. It depends on the employer's policies and how they documented the issues.

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One more thing - when you do your phone interview with Washington ESD (if they schedule one), be honest but focus on the legitimate reasons you were late. Don't volunteer information about other times you might have been late that weren't documented. Stick to the facts of your termination.

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Should I get a lawyer for the interview or can I handle it myself?

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You can definitely handle the initial interview yourself. Only consider a lawyer if your claim gets denied and you need to appeal to a hearing.

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I'm dealing with something similar right now. Got fired for being late due to childcare issues. Filed my claim 2 weeks ago and still haven't heard anything from Washington ESD. The waiting is killing me.

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Have you tried calling them to check on your claim status? Though I've heard it's nearly impossible to get through.

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That's where Claimyr really helps. I was able to speak with an agent the same day I used their service instead of spending hours on hold.

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I might try that Claimyr thing. I can't afford to wait much longer without knowing my status.

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Whatever you do, don't let your former employer intimidate you into not filing. Some employers will try to discourage you by saying you won't qualify. File anyway and let Washington ESD make the determination.

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My employer actually didn't say anything about unemployment when they terminated me. Is that normal?

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Yeah, most employers don't bring it up during termination. They'll respond to Washington ESD's inquiry if you file a claim though.

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Just remember that even if your initial claim gets denied, you have the right to appeal. The appeal process is more thorough and often overturns initial denials, especially in cases like yours where the misconduct isn't clear-cut.

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How long do I have to file an appeal if my claim gets denied?

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You have 30 days from the date of the denial notice to file your appeal. Don't wait - file as soon as you get the denial if it happens.

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File your weekly claims even if your initial claim is under review. You can't get paid for weeks you don't claim, even if you're eventually approved. This is a mistake a lot of people make.

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Good to know! I was wondering about that. So I should file weekly claims even before I know if I'm approved?

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Exactly. You claim the weeks and if you're approved, you'll get paid for all the weeks you claimed. If denied, you just don't get paid but you haven't lost anything.

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The job search requirement is still in effect too, so start looking for work and documenting your job search activities right away. Washington ESD requires 3 job search activities per week.

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What counts as a job search activity? Just applying for jobs or other things too?

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Applying for jobs, networking events, career fairs, informational interviews, even some online career training courses. Keep detailed records of everything.

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Been there done that. Got fired for tardiness and ended up getting full benefits. The key is being able to show your lateness wasn't intentional or habitual. Car trouble and family emergencies are legitimate reasons that most reasonable people would understand.

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Did you have to provide any proof of your car trouble or family emergency?

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I had a repair receipt from my mechanic that I showed during my phone interview. It definitely helped my case.

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Don't stress too much about it. Washington ESD is generally fair about these situations. They understand that life happens and occasional tardiness with valid reasons isn't the same as chronic attendance problems or willful misconduct.

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Thanks for the reassurance. I've been worried sick about this all week.

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Yeah you'll probably be fine. I've seen way worse attendance situations get approved for benefits.

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Make sure you understand the difference between being fired for cause versus misconduct. Being late can be cause for termination but not necessarily misconduct that disqualifies you from benefits. That's an important distinction Washington ESD makes.

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I never thought about that distinction. So even if my employer had good reason to fire me, I might still qualify for benefits?

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Exactly. The standard for firing someone is lower than the standard for denying unemployment benefits. They're two different legal questions.

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Whatever happens, don't give up if you get an initial denial. I've seen so many people just accept the denial and never appeal when they probably would have won. The appeal process exists for a reason and it's more thorough than the initial review.

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I'll definitely keep that in mind. Is there any cost to filing an appeal?

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No cost at all. The appeal process is free and you can represent yourself in most cases.

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I had a similar situation except I was late due to public transit issues. Washington ESD approved my claim after I explained the circumstances. They really do look at the whole picture, not just the fact that you were terminated.

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That's encouraging to hear. Did they ask for any documentation about the transit problems?

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They asked about it but didn't require documentation. I think they just wanted to make sure my explanation was reasonable and consistent.

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Bottom line - file your claim, be honest about what happened, and don't assume you won't qualify. Washington ESD deals with these situations all the time and they're pretty good at distinguishing between genuine misconduct and isolated incidents with valid explanations.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim this weekend and hope for the best.

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Good luck! Just remember to stay on top of your weekly claims and job search requirements while your claim is being processed.

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And if you need to reach Washington ESD for any reason during the process, definitely check out that Claimyr service I mentioned earlier. It saved me hours of frustration.

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I went through something very similar about 6 months ago. Got terminated for being late 4 times over 3 months due to various legitimate issues (sick child, car breakdown, etc.). I was really stressed about whether I'd qualify since I was technically fired, but Washington ESD approved my claim without any issues. The fact that you had valid reasons for each incident and weren't formally disciplined beforehand really works in your favor. They understand that life happens and occasional tardiness with legitimate explanations isn't the same as willful misconduct. I'd definitely recommend filing as soon as possible - even if there's any uncertainty, you want to get your claim date established. The worst they can do is say no, but from what you've described, I think you have a solid case. Don't let the termination scare you away from applying for benefits you're likely entitled to.

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