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Washington ESD unemployment benefits after getting fired - can I claim?

I just got terminated from my job yesterday and I'm wondering if I can still file for unemployment benefits through Washington ESD. My manager said it was for performance issues but I feel like it was really because I complained about safety violations. I've been working there for 2 years and never had any written warnings. Can I still claim unemployment if I get fired, or does Washington ESD automatically deny claims when you're terminated? I'm really stressed about this and need to know if I should even bother applying.

Yes, you can definitely file for unemployment benefits even if you were fired. Washington ESD doesn't automatically deny claims for termination. What matters is whether you were fired for 'misconduct' or not. Performance issues usually don't count as misconduct unless they involve willful disregard of your job duties. You should absolutely file your claim right away since there's a waiting period.

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Thank you! That's such a relief. I was worried they'd just reject it immediately. How do I know if what I did counts as misconduct?

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Misconduct has to be something deliberate and work-related. Simple mistakes, inability to meet performance standards, or personality conflicts usually don't qualify. Safety complaints are actually protected activity.

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I got fired last year for being late too many times and still got approved for benefits. File your claim online at esd.wa.gov and be honest about what happened. They'll investigate and make a decision.

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That makes me feel better. I was worried about being honest about getting fired but I guess I should be.

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Always be honest on your application. If they find out you lied later, that's when you get in real trouble.

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The key thing is to file immediately. Don't wait to see if you can get another job first. Your benefit year starts when you file, not when you get approved. And make sure you have all your employment information ready - dates, wages, reason for separation.

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Good point about filing right away. I was thinking about waiting to see if I could find something else first.

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Don't wait! You can always stop claiming if you find work quickly, but you can't go back and claim benefits for weeks before you filed.

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If you're having trouble getting through to Washington ESD by phone to ask questions about your claim, I found this service called Claimyr that actually got me connected to an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. I was skeptical at first but it actually worked when I couldn't get through on my own.

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That's interesting. I haven't tried calling yet but I've heard the wait times are horrible.

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I've been trying to call Washington ESD for weeks about my claim. Might have to check this out if I can't get through again today.

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This is exactly what happened to me! Got fired for 'performance' but it was really retaliation for filing a complaint. I filed for unemployment anyway and got approved after they did their investigation. Your employer has to prove misconduct, not just say you were a bad employee.

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Did your employer fight the claim? I'm worried they're going to say I was insubordinate or something.

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They did contest it but Washington ESD sided with me. As long as you were doing your job and not deliberately violating policies, you should be fine.

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When you file, you'll need to report exactly what your employer told you about why you were fired. Don't try to guess or interpret - just state the facts. If they said performance issues, write performance issues.

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That's helpful. I was trying to figure out how to explain the whole situation.

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Keep it simple and factual. If there's more to the story, you can explain it if Washington ESD contacts you for more information.

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ugh the washington esd system is so confusing. i got fired 3 months ago and im still fighting with them about my claim. they said i quit but i was definitely fired. now i have to do some appeal thing

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That sounds like your employer might have reported that you quit when you were actually fired. You can definitely appeal that decision.

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yeah thats exactly what happened. my old boss is a real piece of work

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I work in HR and see this all the time. Being fired for performance doesn't automatically disqualify you from unemployment. Washington ESD looks at whether you were willfully violating company policies or just couldn't meet the standards despite trying.

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That's really reassuring coming from someone in HR. I was definitely trying to do my job well.

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What about if someone gets fired for attendance issues? Is that considered misconduct?

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Attendance can be tricky. If it's due to illness or family issues, usually not misconduct. If it's just not showing up without excuse, that could be misconduct.

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File online at esd.wa.gov and make sure you start doing your weekly claims right away even if your initial claim is still being processed. You don't want to miss any weeks.

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Good to know about the weekly claims. I wasn't sure when to start those.

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Start them as soon as you can access the system after filing your initial claim. Each week you don't file is a week you can't get benefits for.

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Just wanted to say don't give up if your claim gets denied initially. Lots of people win on appeal even when their first claim gets rejected. The initial decision isn't always right.

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That's good to know. I'll keep that in mind if it doesn't go well at first.

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Yeah I got denied first time but won my appeal. Sometimes the initial reviewer doesn't have all the facts.

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Make sure you document everything about your termination while it's still fresh in your memory. Write down exactly what was said, who was there, dates, etc. This could be important if your employer contests your claim.

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Great advice. I should write down what happened yesterday while I still remember all the details.

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Exactly. Also save any emails or texts related to your termination. You might need them later.

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I tried calling Washington ESD yesterday about my claim status and was on hold for 3 hours before getting disconnected. Someone mentioned Claimyr earlier - has anyone actually used it successfully?

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I used it last month when I couldn't get through. It actually worked and got me connected to an agent who helped resolve my issue.

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The phone system is so broken. I've been trying to call for weeks about my adjudication.

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Another thing to remember - if your claim goes into adjudication, don't panic. That just means they're investigating the circumstances of your termination. It's pretty normal for fired employees.

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What's adjudication exactly? Is that bad?

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It's just their investigation process. They'll look at your side and your employer's side and make a decision. It takes time but it's not necessarily bad.

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The Washington ESD website has a lot of good information about eligibility. Look for the section on separation issues - it explains what counts as misconduct and what doesn't.

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I'll check that out. Thanks for the tip!

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The FAQ section is actually pretty helpful too. More clear than calling and getting different answers from different people.

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Don't let your employer intimidate you into not filing. They might tell you that you won't qualify or that it will hurt your chances of getting hired elsewhere. That's not true.

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Actually my manager did say something like that when I was leaving. I'm glad I asked here first.

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Yeah, that's a common scare tactic. File your claim - the worst that happens is you get denied, but you might get approved.

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I got fired for 'insubordination' last year because I refused to do something unsafe. Still got my unemployment benefits after Washington ESD investigated. Safety complaints are protected.

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That's very similar to my situation. Gives me hope that I'll be approved too.

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Retaliation for safety complaints is illegal. You might want to file a complaint with L&I too if that's what happened.

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If you need to talk to someone at Washington ESD about your specific situation, that Claimyr service someone mentioned earlier might be worth trying. I've heard good things about it from other people who couldn't get through the regular phone lines.

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I'm definitely going to try calling first, but it's good to know there's a backup option.

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The regular phone lines are so frustrating. I spent hours trying to get through last week.

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Just to add - make sure you're actively looking for work and keeping a job search log. You'll need to certify that you're looking for work when you file your weekly claims.

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How many jobs do I need to apply for each week?

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I believe it's 3 job search activities per week, but check the Washington ESD website for the current requirements.

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One last thing - if you do get approved, your benefits will be based on your earnings over the past year, not just your last job. So don't worry if your final paycheck was smaller than usual.

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Thanks for all the helpful information everyone. I'm feeling much more confident about filing now.

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Good luck with your claim! Come back and let us know how it goes.

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You should also know that even if your employer contests your claim, you can still receive benefits while the appeal process is going on. You just might have to pay them back if the appeal doesn't go your way.

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That's really helpful to know. At least I won't be without income while they sort it out.

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Yeah, they call it 'payment pending appeal' or something like that. Better than waiting months with no income.

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