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Dmitry Ivanov

Washington ESD unemployment after termination - can I still qualify?

Got let go from my warehouse job last Friday and honestly not sure where I stand with filing for unemployment. My supervisor said it was due to 'performance issues' but I feel like they were looking for reasons to cut staff. I've been there for almost two years with no major problems until recently when they started nitpicking everything. Can I still apply for Washington ESD benefits even though I was terminated? I really need to know if it's worth filing or if they'll just deny me automatically.

Yes, you can potentially qualify for unemployment benefits even if you were terminated. Washington ESD will review your case to determine if the termination was for 'misconduct.' Performance issues usually don't count as misconduct unless it was willful or intentional. You should definitely file your claim right away - don't wait.

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Thank you! I was worried I couldn't even apply. Should I mention the performance issues when I file or just say I was terminated?

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Be honest about everything. Washington ESD will contact your employer anyway to get their side of the story. The adjudication process will determine if you qualify.

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I was in a similar situation last year. Got fired for supposedly being late too many times but I had doctor's appointments for a medical condition. Filed for unemployment anyway and after the adjudication process, I was approved. The key is that it wasn't willful misconduct.

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How long did the adjudication take? I'm stressed about how I'm going to pay my bills while waiting.

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Mine took about 3 weeks. If you're having trouble reaching Washington ESD to check on your claim status, I found this service called Claimyr that helped me get through to an actual person. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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The distinction Washington ESD makes is between misconduct and poor performance. Misconduct involves deliberate wrongdoing like theft, harassment, or willful violation of company policies. Poor job performance, attendance issues due to illness, or honest mistakes typically don't qualify as misconduct. File your claim immediately - you have nothing to lose.

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What if they claim I violated a policy but I disagree with their interpretation? Can I still get benefits?

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Yes, you can still qualify if the policy violation wasn't willful or if you had a reasonable explanation. Washington ESD will review all the facts during adjudication.

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This is really helpful. I feel more confident about filing now.

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DEFINITELY file your claim! The worst they can say is no, but you might be surprised. I got fired from a retail job for 'customer service issues' and still got approved for unemployment. The employer has to prove it was misconduct, not just poor performance.

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How do you know if Washington ESD is investigating your claim? My status just says 'pending' and it's been a week.

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If it says pending, they're probably doing an adjudication review. You should get a letter or notice in your online account about what they need.

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You can definitely file for unemployment benefits even after being terminated. Washington ESD doesn't automatically disqualify you just because you were fired. What matters is WHY you were terminated. If it was for misconduct connected to your work, that's different than performance issues. File your claim online at esd.wa.gov and let them make the determination.

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Thanks, that's reassuring. They said performance but it felt more like they were downsizing and needed an excuse. Should I mention that when I file?

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Just be honest about what happened. Washington ESD will contact your employer to get their side too. If there's a dispute, it goes to adjudication where they review all the evidence.

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Same thing happened to me 6 months ago. Got fired for 'attendance issues' but I had medical documentation for everything. Filed anyway and got approved after adjudication. Washington ESD looks at each case individually.

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How long did the adjudication take? I'm worried about how long I'll be without income.

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Mine took about 3 weeks. Some take longer depending on how complex the case is.

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I'm going through this exact same thing right now! Got terminated 3 weeks ago and filed my claim. Washington ESD sent me a questionnaire about the circumstances of my termination, and I just answered honestly about everything. Still waiting to hear back but at least I'm filing my weekly claims.

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Did you have any trouble getting through to Washington ESD when you had questions about the process?

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Yeah, the phone lines are always busy. I actually used Claimyr to get through - it's a service that calls for you and connects you when they reach an agent. Really saved me hours of trying to call myself.

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Never heard of Claimyr before but that sounds useful. I've been trying to call Washington ESD for days about my adjudication.

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Wait, I'm confused about something. If I file for unemployment after being terminated, won't that hurt my chances of getting hired somewhere else? Like if employers see I collected unemployment?

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No, collecting unemployment benefits is completely legal and doesn't show up on background checks. Employers can't discriminate against you for having received UI benefits.

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OK good, I was really worried about that. I need the income while I look for another job.

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File your claim TODAY. Washington ESD has a one-week waiting period, so the sooner you file, the sooner you can start receiving benefits if approved. Even if you think you might not qualify, let them make that determination.

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I didn't know about the waiting period. I'll file tonight for sure.

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The waiting period got waived during covid but I think it's back now. Better to file immediately either way.

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The key is whether it was misconduct or not. Performance issues usually don't qualify as misconduct unless you were willfully not doing your job. Washington ESD defines misconduct pretty specifically - it has to be a deliberate violation of company policy or gross negligence.

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What if they wrote you up for stuff but you disagreed with the write-ups? Does that count as misconduct?

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Not necessarily. If you were trying to do your job correctly but there were disagreements about performance standards, that's usually not misconduct. The burden is on the employer to prove misconduct.

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I've been dealing with Washington ESD for months on a different issue and honestly their phone system is impossible. If you need to talk to someone about your case, I recently found out about this service called Claimyr that actually gets you through to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works. Made my life so much easier.

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Never heard of that but might be worth looking into if I run into problems with my claim.

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Is that some kind of paid service? Seems weird to pay to call a government agency.

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It's worth it when you consider how much time you'd spend trying to get through otherwise. I was calling for weeks before I found them.

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My brother got fired for being late and still got unemployment. The employer tried to fight it but Washington ESD sided with my brother because he had a good reason (car trouble) and it wasn't a pattern of willful misconduct.

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That's encouraging. I'm in a similar situation where I was fired but I don't think it was really misconduct.

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Definitely file. The adjudication process exists specifically to sort out these kinds of situations.

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Everyone's saying file your claim but what if your employer lies about why they fired you? Mine said I was terminated for cause but it was really because they wanted to hire their friend.

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Washington ESD investigates both sides of the story. If your employer's reason doesn't hold up under scrutiny, you'll likely be approved. Document everything you can about the real reason you were fired.

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I have some text messages that might help prove my case. Should I submit those with my claim?

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Keep all documentation. If Washington ESD requests additional information during adjudication, you can provide it then.

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File ASAP! There's a one week waiting period in Washington so the sooner you file the better. Even if your employer contests it, you can still receive benefits while the adjudication is pending if Washington ESD makes an initial determination in your favor.

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Good point about filing quickly. I was hesitating because I wasn't sure if I qualified.

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Always better to file and let them decide than to assume you don't qualify. The worst they can do is say no.

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Just want to echo what everyone else is saying - FILE YOUR CLAIM! I was fired from my last job and was so embarrassed I almost didn't apply for unemployment. Biggest mistake would have been not filing. Got approved after about a month and it saved my finances.

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A month is a long time to wait. How did you manage during that time?

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It was tough but I had some savings. Plus once you get approved, they pay you retroactively from when you first filed. So I got a decent sized first payment.

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Pro tip: when you file your claim, be very detailed about your job search efforts. Washington ESD requires you to look for work and keep a log. Don't slack on that part even while your claim is in adjudication.

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Good point. I should start job searching right away regardless of my unemployment status.

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Yeah, you need to do at least 3 job search activities per week and keep records. Use WorkSourceWA to track everything.

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One thing I learned the hard way - if Washington ESD denies your initial claim, you can appeal the decision. Don't just give up if you get a denial letter. The appeal process exists for a reason.

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How long do you have to file an appeal?

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I think it's 30 days from the date of the determination letter. Don't wait if you disagree with their decision.

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Hopefully I won't need to appeal but good to know the option exists.

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I had a friend who got fired and didn't file for unemployment because she thought she wouldn't qualify. Turns out she probably would have been approved. Don't make assumptions - let Washington ESD make the determination.

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Exactly. There's no penalty for filing and being denied. But there's definitely a penalty for not filing when you could have qualified.

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Has anyone used that Claimyr service that was mentioned earlier? I'm having a hell of a time getting through to Washington ESD and I need to ask about my adjudication status.

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I used it and it worked great. Saved me probably 10+ hours of trying to call myself. Worth checking out their demo video to see how it works.

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I was skeptical at first but tried it last week when I couldn't get through about my overpayment issue. Got connected to an agent in like 20 minutes instead of spending all day calling.

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Update from someone who was in your exact situation: filed after being terminated for performance, went through adjudication, got approved. The whole process took about 5 weeks but I got paid for all the weeks I was waiting. Definitely worth filing.

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This gives me a lot of hope. I'm going to file my claim tonight. Thanks everyone for all the advice!

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Good luck! Remember to keep filing your weekly claims even while waiting for the adjudication decision.

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been thru this before and its a pain in the ass. they make u jump thru hoops to prove u werent fired for misconduct. my advice is document everything u can remember about what happened and any witnesses

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That's smart. I do have some coworkers who saw what was happening. Should I get statements from them?

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Having witness statements can definitely help if it goes to a hearing. Just make sure they're people willing to testify if needed.

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Performance issues vs misconduct is huge. I work in HR and see this all the time. If you were genuinely trying to do your job but struggling with performance standards, that's usually not disqualifying. Misconduct is more like theft, harassment, or willful violation of policies.

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That makes me feel better. I was definitely trying to do my job, they just kept changing expectations.

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Changing expectations is actually a red flag for wrongful termination. Document that stuff.

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File online at secure.esd.wa.gov but be prepared for the website to be slow or crash. Washington ESD's systems are ancient. Make sure you have all your employment info ready including dates and wages.

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Do I need my last paystub or will they get that info from my employer?

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They'll get wage info directly from employers but having your paystubs can help if there are any discrepancies.

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Washington state is pretty worker-friendly compared to other states. The bar for misconduct is actually pretty high. Being bad at your job isn't the same as misconduct. As long as you weren't stealing or being insubordinate, you've got a decent shot.

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That's encouraging. I was never insubordinate, just had trouble meeting some of their newer quotas.

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Quota issues are definitely performance, not misconduct. You should be fine.

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If they contest your claim don't panic. I used that Claimyr service someone mentioned earlier to talk to an Washington ESD agent about my contested claim. Way better than trying to get through on your own. The agent explained exactly what documentation I needed for my hearing.

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Good to know there are options if I need to actually talk to someone at Washington ESD.

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Yeah their regular phone system is a nightmare. Must have called 200 times before giving up.

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DOCUMENT EVERYTHING! I cannot stress this enough. Write down dates, times, who said what, any witnesses. If this goes to adjudication or hearing you'll need details. Washington ESD adjudicators want facts not feelings.

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Starting a timeline document right now. Wish I had thought of this before.

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Better late than never. Even stuff you think might not matter could be important later.

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Performance terminations usually qualify for UI benefits in Washington. The employer has to prove you were willfully not doing your job or violated clear policies. Struggling to meet new quotas isn't willful misconduct.

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This gives me hope. I really was trying my best, the standards just kept getting harder.

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Sounds like they were setting you up to fail. That's unfortunately common when companies want to downsize.

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just file already! worst case they say no and you appeal. i got fired for 'attitude problems' which was bs and still got benefits after appeal. washington esd isnt as harsh as people think

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You're right, I need to stop overthinking and just file the claim.

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Exactly. They can only say no, and even then you can appeal. Nothing to lose by trying.

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Make sure you understand the job search requirements too. Even if your claim gets approved, you'll need to do 3 job search activities per week and register with WorkSource. Start keeping a log of applications and interviews.

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Good reminder about the job search stuff. I was so focused on whether I'd qualify I forgot about the ongoing requirements.

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Yeah they're pretty strict about that. Keep detailed records of every application and networking contact.

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Had a similar experience and my claim went to adjudication. Took forever to get through to Washington ESD to check status. Finally used Claimyr and got connected immediately. The agent was able to tell me exactly where my case stood and what to expect next. Definitely recommend if you need to actually talk to someone there.

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Seems like a lot of people are having success with that service. I'll keep it in mind if I need help.

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Yeah I'm convinced Washington ESD makes their phones impossible on purpose. Claimyr is a lifesaver.

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Quick tip - when you file make sure your reason for separation is accurate. Don't say you quit if you were fired, even if it was unfair. Washington ESD will verify with your employer and inconsistencies just slow things down.

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Definitely going to be completely honest about being terminated. No point in trying to hide it.

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Honesty is always the best policy with unemployment claims. They find out the truth anyway.

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File today if possible. The waiting week starts from when you file, not when you were terminated. Every day you wait is money you're losing. Washington ESD processes claims pretty quickly if there are no complications.

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You're absolutely right. I'm going to file this afternoon. Thanks everyone for all the helpful advice!

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Good luck! Hope everything works out and you get approved quickly.

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