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Sofia Gutierrez

Washington ESD unemployment benefits after getting fired - what qualifies?

I got fired from my job last week and I'm wondering if I can still get unemployment benefits through Washington ESD. My manager said it was for poor performance but I think it was really because I complained about safety issues. I've been working for 3 years and never had any write-ups before this. Does getting fired automatically disqualify you from UI benefits in Washington? I'm really stressed about this because I have rent due next week and no savings.

You can definitely apply for unemployment even if you were fired! Washington ESD looks at whether you were fired for 'misconduct' or not. Poor performance usually doesn't count as misconduct unless it was willful or you ignored repeated warnings. Since you mentioned safety complaints, that could actually work in your favor if they retaliated against you.

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That's a relief to hear. I was worried I was automatically disqualified. Should I mention the safety issues when I file my claim?

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Yes, absolutely include that information. It shows the firing might not have been for legitimate performance reasons.

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got fired myself 2 months ago and got approved for benefits after they investigated. took about 3 weeks for the adjudication process but they ruled in my favor. you should file asap don't wait

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3 weeks for adjudication? I can't wait that long for money. Is there any way to speed it up?

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Unfortunately adjudication takes time. But if you're approved, you'll get backpay from when you filed. The key is to file immediately and keep filing your weekly claims even during adjudication.

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I had trouble getting through to Washington ESD when my claim got stuck in adjudication for misconduct review. Spent hours on hold every day for weeks. Finally found this service called Claimyr that actually got me connected to an agent in like 20 minutes. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved my sanity honestly.

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Never heard of that before. Does it actually work or is it some kind of scam?

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It's legit - they just help you get through the phone queue faster. I was skeptical too but it really worked when I couldn't reach anyone the normal way.

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I used Claimyr too when my employer contested my claim. Got connected to an ESD agent same day instead of waiting weeks. Really helpful for urgent situations.

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The key factors Washington ESD considers for misconduct are: was it willful, was it work-related, and did it harm the employer's interests. Simply being bad at your job usually doesn't meet this standard. However, things like theft, violence, or repeatedly ignoring direct orders would be misconduct. Your situation sounds like it might qualify for benefits.

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This is really helpful. I never stole anything or was violent. The performance issues were about not meeting sales targets which I think was unrealistic anyway.

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Wait so if I got fired for being late too many times would that be misconduct? I've been afraid to apply for unemployment because of that.

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Chronic tardiness after warnings could potentially be considered misconduct, but it depends on the specifics. You should still apply - let ESD make the determination.

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THE WHOLE SYSTEM IS RIGGED! They'll find any excuse to deny your claim and then you have to fight for months to get what you deserve. I got fired for 'attitude problems' which is complete BS but they still made me jump through hoops for 2 months before approving my benefits.

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That's really discouraging to hear. Did you end up getting your benefits eventually?

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Yeah I got them but only after appealing and going through a hearing. Cost me so much stress and nearly lost my apartment waiting.

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Don't let negative experiences scare you off from applying. Most cases get resolved without needing appeals. The important thing is to file your initial claim right away and be completely honest about the circumstances of your termination. Washington ESD will investigate and make a fair determination.

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Should I get any documentation together before filing? I have some emails about the safety issues I raised.

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Yes, keep all documentation! Emails, performance reviews, any written communications about your termination. You might need them if your employer contests the claim.

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same thing happened to my brother except he got fired right after he filed a workers comp claim. obvious retaliation but they still had to go through the whole adjudication process. took forever but he won in the end

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That sounds similar to my situation with the safety complaints. Did his employer contest the unemployment claim?

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oh yeah they fought it hard but the timing was too obvious. retaliation cases usually work out in the employee's favor from what I've seen

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One important note - even if your employer contests your claim, you should continue filing your weekly claims during the adjudication process. If you're ultimately approved, you'll receive backpay for those weeks. If you stop filing, you could lose those benefits even if you win your case.

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Good to know! I was thinking I should wait until it's resolved before filing weekly claims.

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Yeah definitely keep filing weekly. I made that mistake and lost 6 weeks of benefits even though I won my appeal.

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also make sure you're doing your job search requirements even during adjudication. they still expect you to be looking for work and keeping track of your contacts

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How many job contacts do I need per week in Washington?

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it's 3 job search activities per week and you have to log them in the system. can be applications, interviews, networking events, etc.

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Don't worry too much about the adjudication process. I got fired for 'not being a good fit' which sounds similar to your situation and I was approved without any issues. Washington ESD is pretty fair about distinguishing between actual misconduct and employer excuses.

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That's reassuring. How long did it take for your claim to get approved?

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About 10 days from when I filed. They didn't even need to do a full investigation since the reason was so vague.

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I got denied initially for 'poor performance' but won on appeal. The hearing officer said that unless the poor performance was willful or the employee ignored specific training/warnings, it doesn't constitute misconduct. Document everything and don't give up if you get denied at first.

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What was the appeal process like? Do you need a lawyer?

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You don't need a lawyer for most unemployment appeals. I represented myself and just presented the facts clearly. The hearing was over the phone and pretty straightforward.

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If you do need to talk to someone at Washington ESD about your claim status or adjudication, I highly recommend checking out Claimyr. I was stuck trying to reach them for weeks about my misconduct determination and Claimyr got me through immediately. Way better than spending all day redialing.

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I might need that if my claim gets complicated. Thanks for the recommendation.

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How much does something like that cost though? I'm already broke from being unemployed.

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It's worth it if you really need to reach someone urgently. Better than losing benefits because you couldn't get through to explain your situation.

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Here's what I wish someone had told me: file immediately, be completely honest, keep all documentation, continue filing weekly claims even during adjudication, and don't panic if your employer contests it. Most wrongful termination cases where there wasn't actual misconduct get approved eventually.

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This is exactly the kind of advice I needed. Thank you so much for laying it out so clearly.

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got fired for attendance issues but still got approved because I had medical documentation for most of the absences. the key is having documentation to support your side of the story

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Good point. I should gather all my emails about the safety issues before they delete my work account.

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One thing to watch out for - some employers will lie or exaggerate the reasons for termination when Washington ESD contacts them. Make sure you have your own documentation to counter any false claims they might make during the investigation.

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That's concerning but good to know. I'll make sure to save everything I can think of.

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This is why it's important to be thorough in your initial application. Include all relevant details about the circumstances of your termination.

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if they try to claim you were fired for misconduct, you'll get a chance to respond during the fact-finding process. don't panic if you get a letter asking for more information - just answer honestly and provide any supporting documents

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What kind of questions do they typically ask during fact-finding?

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usually about the specific incident that led to termination, any warnings you received, company policies, stuff like that. just be honest and stick to the facts

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The bottom line is that Washington state generally favors workers in unemployment cases unless there's clear evidence of serious misconduct. Poor performance or personality conflicts usually aren't enough to disqualify you from benefits.

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That's really good to hear. I was so worried I wouldn't qualify for anything.

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Make sure to file online through the Washington ESD website as soon as possible. The sooner you file, the sooner your benefit year starts. Even if there's adjudication, you'll get backpay from your filing date if approved.

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I'll file today. Thanks everyone for all the helpful advice and encouragement!

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Good luck with your claim! Remember that getting fired doesn't automatically disqualify you - it all depends on the specific circumstances. Based on what you've described, you have a good chance of being approved.

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Thank you! I feel much more confident about applying now after reading all these responses.

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