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Rachel Clark

Washington ESD unemployment benefits after getting fired - am I eligible?

So I got terminated from my job last week and I'm wondering if I can still get unemployment when fired in Washington. My supervisor said it was due to 'performance issues' but honestly I think they just didn't like me. I've been working there for 2 years and never had any formal write-ups or warnings. Can I still file for Washington ESD benefits or does being fired automatically disqualify me? I really need the income while I look for another job.

Yes you can definitely apply for unemployment benefits even if you were fired. Washington ESD will review your case during something called adjudication to determine if the firing was for misconduct or not. If it wasn't misconduct, you should be eligible. Performance issues usually don't count as misconduct unless they were willful.

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That's good to hear! How long does the adjudication process usually take? I need to start getting benefits ASAP.

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Adjudication can take anywhere from 2-6 weeks depending on how complex your case is. They'll contact both you and your former employer to get the full story.

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I got fired from my warehouse job 3 months ago for being late too many times. Washington ESD initially denied my claim but I appealed it and won! The key is showing that whatever happened wasn't willful misconduct.

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How did you handle the appeal process? Did you need a lawyer or anything?

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No lawyer needed. I just gathered documentation showing my attendance issues were due to childcare problems and submitted it with my appeal form. Took about 8 weeks total but I got all my back benefits.

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The biggest thing Washington ESD looks at is whether you were fired for misconduct connected to your work. Simple performance issues, personality conflicts, or layoffs disguised as firings usually qualify you for benefits. But if you stole something, were violent, or repeatedly violated clear company policies after warnings, that's misconduct.

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What if they fired you for something really minor though? Like I got fired for using my phone during break time when the handbook said no phones during work hours.

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That sounds like a policy violation but possibly not misconduct if it was during your break. Washington ESD would look at whether the policy was clearly communicated and if you had prior warnings.

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You can definitely still apply for unemployment even if you were fired! Washington ESD looks at the reason for termination. If it wasn't for misconduct, you should be eligible. Performance issues alone usually don't disqualify you unless there was willful misconduct involved.

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That's a relief! So should I mention the performance issues when I file my claim or just say I was terminated?

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Be honest on your application. Washington ESD will contact your employer anyway to verify the reason for separation. Just explain your side of the story clearly.

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I got fired last year and still received benefits. The key is whether it was misconduct or not. Things like poor performance, not getting along with coworkers, or even attendance issues (unless excessive) usually don't count as misconduct under Washington ESD rules.

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How long did it take for your claim to get approved? I'm worried about the adjudication process.

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Mine took about 3 weeks because they had to investigate. During adjudication, Washington ESD interviews both you and your employer to determine if the termination was for misconduct.

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I've been trying to get through to Washington ESD for weeks about my fired claim status and their phone system is absolutely impossible. Getting busy signals constantly or waiting on hold for hours just to get disconnected. Found this service called Claimyr at claimyr.com that actually gets you through to ESD agents - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much frustration!

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Is that service legit? How much does it cost?

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Yeah it's totally legitimate, they just help you get through the phone queues. Way better than spending entire days trying to call Washington ESD yourself.

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I was skeptical at first but used Claimyr when my claim got stuck in adjudication after being fired. Got connected to an ESD rep within minutes instead of the usual hours of busy signals.

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If you're having trouble reaching Washington ESD to check on your claim status, I recently discovered Claimyr (claimyr.com). They help you get through to actual agents instead of waiting on hold forever. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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Never heard of that service before. Is it legit or just another scam?

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It's legitimate - they just help you navigate the phone system to reach actual Washington ESD representatives. Really helpful when you need to speak to someone about your adjudication status.

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MISCONDUCT is the key word here!!! Washington ESD defines misconduct very specifically. Things like theft, violence, harassment, or willfully violating company policy count as misconduct. Poor performance by itself usually doesn't unless you were deliberately doing bad work.

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They never accused me of any of those serious things, just said my work wasn't meeting expectations.

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Then you should be fine! Just file your claim and be truthful about everything. Let Washington ESD make the determination.

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same situation here, got fired for attendance but it was because my car kept breaking down. applied anyway and got approved after they investigated.

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Did you have to provide proof about your car problems?

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yeah i sent them receipts from the mechanic and stuff. showed it wasn't my fault really

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ugh the whole system is so confusing... I got fired 6 months ago and had to wait forever for adjudication. they asked me like a million questions about why I got terminated

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

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stuff like did you know about the company policies, were you trained properly, did you try to improve your performance, things like that

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The Washington ESD adjudication process is actually pretty fair from what I've seen. They really do investigate both sides before making a decision. Even if you get initially denied, the appeal process gives you another chance to present your case with more documentation.

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How do you know if your case is in adjudication? My claim just says pending and I have no idea what's happening.

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Log into your Washington ESD account and check your claim status. If it says 'adjudication in progress' or something similar, that means they're reviewing the circumstances of your job separation.

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Here's what Washington ESD considers when you're fired: 1) Was it misconduct? 2) Did you know about the policy you allegedly violated? 3) Was the violation willful? 4) Were you given warnings or chances to improve? Based on what you described, it sounds like a performance issue rather than misconduct.

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This is really helpful! I never got any formal warnings, just verbal feedback that my work needed improvement.

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Same situation happened to my brother. He got approved after adjudication because there were no written warnings or clear policy violations.

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This whole system is ridiculous! I paid unemployment taxes for 15 years and when I finally need benefits after getting fired for some BS reason, they make me jump through hoops for months. Washington ESD acts like they're doing us a favor when it's OUR money!

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I feel you on that frustration but they have to investigate to prevent fraud. At least Washington state is better than some others.

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Still shouldn't take 2 months to figure out if someone deserves benefits they've been paying into forever.

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Don't let them intimidate you during the fact-finding interview if they call. Answer honestly but don't volunteer extra information that might hurt your case. Stick to the facts about why you were terminated.

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What kind of questions do they typically ask during these interviews?

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They'll ask about the specific incident that led to your firing, whether you had prior warnings, if you understood company policies, stuff like that. Just be factual and don't get emotional.

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Make sure you file your claim ASAP! There's a waiting period before benefits start, and delays in filing just make it longer. Even if you're not sure about eligibility, let Washington ESD decide rather than assuming you're disqualified.

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Already filed yesterday! Just nervous about the adjudication process now.

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Good! The adjudication can take 2-4 weeks but don't panic if it takes longer. Keep filing your weekly claims even during adjudication.

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I've seen people get denied initially and then win on appeal. Even if Washington ESD initially denies your claim for misconduct, you have appeal rights. Don't give up if the first decision isn't in your favor.

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How does the appeal process work if I get denied?

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You have 30 days to appeal. There's a hearing where you can present your case, provide evidence, and explain your side. Many people win on appeal even after initial denial.

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Another thing - make sure you're documenting everything about your job search while waiting for the claim to process. Washington ESD requires job search activities even during adjudication in most cases.

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Do I need to do the full job search requirements even before my claim is approved?

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Yes, keep track of your job search activities from week one. You'll need to report them on your weekly claims.

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File your claim immediately even if you're not sure about eligibility. The worst thing that happens is they deny it, but if you wait too long you might miss out on benefits you actually deserved. Washington ESD backpay only goes so far.

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This is good advice. I waited 3 weeks to file thinking I wouldn't qualify and lost out on those weeks of benefits even though I eventually got approved.

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honestly the whole thing is a nightmare... got fired 3 months ago and still fighting with washington esd about whether it was misconduct or not. my employer is lying about what happened

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That sounds awful! Are you working with anyone to help with your case?

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trying to get through to someone at washington esd but the phone lines are always busy. might have to get a lawyer if this keeps dragging on

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My brother got fired from Boeing for failing a random drug test but still got unemployment because he had a medical marijuana card. Washington ESD approved his claim after reviewing his medical documentation. Every case is different.

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Interesting, I didn't know medical marijuana could be a factor in these decisions.

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Yeah Washington state law protects medical users in some employment situations. It's complicated though and depends on the job type.

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If you do get approved for benefits, make sure you understand the job search requirements. You have to be actively looking for work and keeping a log of your search activities. Washington ESD can audit this stuff.

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How many jobs do you have to apply to each week?

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I think it's 3 job search activities per week but check the current requirements on the Washington ESD website. Activities include applications, interviews, networking events, etc.

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Got denied initially after being fired but used that Claimyr service someone mentioned earlier to actually talk to an ESD agent about my options. They explained the appeal process way better than the confusing website info. Definitely worth it if you're stuck.

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Did they help you figure out what documentation you needed for the appeal?

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The ESD agent I spoke with through Claimyr walked me through exactly what evidence would help my case. Made the whole appeal process much clearer.

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Remember that even if you're found eligible, there might be a waiting period before benefits start. Washington ESD has specific rules about when payments begin depending on your situation.

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Is there always a waiting period or does it depend on why you were fired?

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There's usually a one-week waiting period for everyone, but if they determine there was misconduct you might face additional penalties or disqualifications.

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Documentation is everything in these cases. Save any emails, performance reviews, disciplinary notices, or other paperwork related to your firing. Washington ESD will want to see the paper trail.

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What if the company won't give you copies of your personnel file?

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Washington state law gives you the right to inspect and copy your personnel records. If they refuse, that actually helps your unemployment case.

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been through this whole process twice now and the key is patience. washington esd takes forever but they do eventually make a decision. just keep filing your weekly claims even during adjudication so you don't miss any potential benefits.

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Thanks everyone for all the advice! Going to file my claim today and see what happens.

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Good luck! Remember that getting fired doesn't automatically disqualify you. The system is there to help people who lost their jobs through no fault of their own.

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For anyone struggling to reach Washington ESD by phone, I can't recommend Claimyr enough. It's been a game-changer for actually getting through to speak with representatives about claim issues. Way better than sitting on hold for hours.

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might have to try that... I'm desperate at this point

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Definitely worth it when you need to discuss complex adjudication issues. Much more efficient than the regular phone system.

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The burden of proof is on your employer to show misconduct occurred. If they can't prove you willfully violated policies or engaged in misconduct, you should be approved. Performance issues alone rarely qualify as disqualifying misconduct under Washington state law.

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That makes me feel better. My employer never documented any policy violations, just general performance complaints.

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Exactly! Without documentation of specific policy violations or willful misconduct, termination for poor performance typically doesn't disqualify you from benefits.

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just remember to keep filing those weekly claims even if your case is in adjudication!!! I forgot to file for 2 weeks and had to explain why there was a gap

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Good reminder! I'll make sure to keep filing every week regardless of the adjudication status.

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Been through this exact situation. Got fired for 'not meeting expectations' but still received full benefits after adjudication. The investigator said that general performance issues without willful misconduct don't disqualify you. Hang in there!

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How long did your adjudication take? I'm trying to manage my expectations.

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About 4 weeks total. They interviewed me, my former supervisor, and reviewed company documents before making the decision.

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Make sure you understand the difference between being fired and being laid off when you talk to Washington ESD. Being fired doesn't automatically disqualify you - it depends entirely on the reason for termination and whether it constitutes misconduct.

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Right, I need to be clear that I was terminated, not laid off, but that it wasn't for misconduct.

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Document everything about your termination - emails, performance reviews, any communications with supervisors. If it goes to adjudication, having documentation of your side helps a lot.

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I saved all my email communications and performance feedback. Hopefully that helps during the investigation.

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Definitely! That documentation can be crucial in showing that you weren't terminated for misconduct.

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washington esd is backed up right now so adjudication is taking longer than usual. don't stress if it takes 4-6 weeks, that's pretty normal lately

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Good to know it's not just me experiencing delays. The waiting is the hardest part.

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If you need to speak with Washington ESD about your adjudication status, try using Claimyr to get through their phone system. I was stuck for weeks trying to get updates on my case until I found that service. Really helps cut through the phone queue.

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I keep seeing recommendations for that service. Might be worth trying if I can't get through normally.

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The most important thing is being honest and consistent in all your communications with Washington ESD. Don't try to hide the fact that you were fired - they'll find out anyway when they contact your employer.

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Absolutely. I plan to be completely honest about everything that happened.

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My advice: file the claim, be patient with adjudication, keep doing job searches, and don't assume you're disqualified just because you were fired. Many people get approved after being terminated for non-misconduct reasons.

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Thanks for all the encouragement everyone. This thread has been really helpful in understanding the process!

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