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Fatima Al-Suwaidi

Washington ESD unemployment benefits after termination - am I eligible?

Got terminated from my job yesterday and I'm trying to figure out if I can file for unemployment benefits through Washington ESD. The termination wasn't for misconduct or anything like that - company said it was due to restructuring but I feel like they were just looking for reasons to let people go. I've been working there for almost 2 years and paying into the system. Can I still get UI benefits if I was terminated rather than laid off? What's the difference in Washington ESD's eyes?

Yes, you can definitely apply for unemployment benefits after being terminated as long as it wasn't for misconduct. Washington ESD looks at the reason for termination, not just the fact that you were terminated. If it was due to restructuring like you said, that should qualify you for benefits.

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That's a relief to hear. How do I prove it wasn't misconduct though? Do I need documentation from my employer?

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Washington ESD will contact your employer to verify the reason for termination. If your employer contests your claim saying it was misconduct, then you'd need to provide evidence it wasn't.

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File your claim as soon as possible! Don't wait because your benefit year starts from when you file, not when you were terminated. The sooner you get your Washington ESD claim in, the sooner you can start receiving benefits if approved.

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Good point - I was going to wait until Monday but I'll file online tonight. Thanks!

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Yeah definitely don't wait. I made that mistake and lost like a week of potential benefits.

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The key thing Washington ESD looks at is whether the termination was for 'misconduct connected with work.' Things like poor performance, attendance issues due to illness, or company restructuring usually don't count as misconduct. But if you were fired for stealing, violating company policy willfully, or insubordination, that could disqualify you.

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It was definitely nothing like that. They said my position was being eliminated as part of cost-cutting measures.

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That sounds like a layoff to me, not a termination for cause. You should be fine for UI benefits.

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I was in a similar situation last year and had trouble getting through to Washington ESD to check on my claim status. Kept getting busy signals or hung up on after waiting forever. Finally used this service called Claimyr (claimyr.com) that helped me get through to an actual person at Washington ESD. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made the whole process way less stressful.

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Interesting, I've never heard of that. How does it work exactly?

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Basically they handle the calling and waiting for you, then connect you when they reach a Washington ESD agent. Way better than spending hours on hold yourself.

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That actually sounds pretty useful. The Washington ESD phone lines are always jammed.

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Just make sure you keep documenting your job search once you start filing weekly claims. Washington ESD requires 3 job search activities per week and they do audit people randomly.

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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, attending job fairs, networking events, even some online training courses can count. Keep detailed records of everything.

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ugh the washington esd system is such a pain. took me 6 weeks to get my first payment after filing because they had to do some investigation or whatever. hope yours goes smoother

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6 weeks?? That's crazy. What kind of investigation?

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they called it adjudication. had to verify my work history and the reason i left my job. super annoying

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Adjudication is pretty common, especially if there's any question about the termination circumstances. It's annoying but necessary for them to verify eligibility.

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When you file your initial claim, be completely honest about the circumstances of your termination. Don't try to make it sound better or worse than it was. Washington ESD will find out the truth anyway when they contact your employer.

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Yeah I'm planning to be totally upfront about everything. No point in lying since they'll verify it anyway.

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Smart approach. Lying on your application can disqualify you permanently from benefits.

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Also make sure you have your Social Security number, driver's license, and employment information for the last 18 months ready when you file. Washington ESD's online system will ask for all that stuff and it's easier if you have it organized beforehand.

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Good tip! I'll gather all that information before I start the application.

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And make sure you know your exact last day of work and final pay amount. They ask for specific dates and dollar amounts.

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The Washington ESD system has gotten better over the past couple years but it's still glitchy sometimes. If you run into technical issues filing your claim online, don't panic - just try again later or early in the morning when there's less traffic.

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I'll keep that in mind. Hopefully the website cooperates when I try to file tonight.

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Yeah mornings are definitely better. I usually file my weekly claims around 6 AM and never have problems.

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One thing to remember is that even if your employer contests your claim, you can still appeal if Washington ESD denies you initially. Don't give up if you get a denial letter - you have rights in this process.

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That's good to know. Hopefully it won't come to that but I'll keep it in mind just in case.

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Appeals can take a while though, so definitely try to provide as much documentation as possible with your initial claim to avoid delays.

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I got fired from my last job for being late too many times (my fault, not disputing that) and still qualified for benefits because Washington ESD said it wasn't willful misconduct since I had legitimate transportation issues. So even if there were some performance issues, you might still qualify depending on the circumstances.

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That's actually pretty reassuring. It sounds like they really do look at the specific situation rather than just blanket denying anyone who was terminated.

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Exactly. Washington ESD has specific criteria for what constitutes disqualifying misconduct. It has to be willful and connected to work performance.

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Just want to second the recommendation for Claimyr if you need to talk to Washington ESD. I used them when I had questions about my weekly claim requirements and it saved me so much frustration. Way better than trying to get through on your own.

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Seems like a few people have had good experiences with them. I'll definitely bookmark that for if I run into issues.

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Same here - used Claimyr when my claim got stuck in adjudication. Being able to actually talk to someone at Washington ESD made all the difference.

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Make sure you understand the difference between 'fired' and 'laid off' when you're filling out your claim. If it was truly restructuring like you said, that's more like a layoff even if they called it a termination. The terminology matters to Washington ESD.

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That's a good point. They did say my position was being eliminated due to budget cuts, so maybe I should describe it as a layoff rather than termination?

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I'd describe it exactly as it happened - position eliminated due to restructuring. Let Washington ESD categorize it themselves based on the facts.

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Another heads up - your former employer will get a notice about your unemployment claim and they have the right to contest it if they think you shouldn't get benefits. Most employers don't bother unless it was a termination for serious misconduct, but just be aware it could happen.

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I hadn't thought about that. Do you think they would contest it if it was just restructuring?

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Probably not if it was legitimate restructuring. Employers usually only contest when they think the person was fired for cause.

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Plus contesting costs them time and money, so they typically only do it for clear-cut misconduct cases.

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Don't forget that you'll need to file weekly claims every week once your initial claim is processed, even if you're still waiting for a determination. Missing a weekly claim can delay your benefits.

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How do I know when to start filing weekly claims? Will Washington ESD notify me?

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You should get instructions after you file your initial claim. Usually you can start filing weekly claims the week after you submit your application.

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