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Fiona Sand

Washington ESD unemployment benefits if fired - do I qualify?

I just got terminated from my retail job last week for attendance issues (was late a few times due to car trouble). My supervisor said it was for cause but I'm not sure if that means I can't get unemployment benefits. Does Washington ESD still approve claims if you're fired? I've never filed for UI before and really need to know if it's worth applying or if I'll just get denied automatically.

You can definitely apply for unemployment even if you were fired. Washington ESD will investigate whether you were terminated for misconduct or not. Attendance issues might be considered misconduct depending on your employer's policies and whether you had warnings.

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I did get written up twice for being late but never for missing entire days. Would that count as misconduct?

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Hard to say without knowing all the details. Washington ESD will contact your employer and review their termination documentation during adjudication.

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File your claim right away! I got fired for performance issues last year and still qualified for UI benefits. The key is whether they can prove willful misconduct.

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How long did it take for Washington ESD to make a decision on your claim?

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About 3 weeks for the adjudication process. They called me and my former employer to get both sides of the story.

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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 agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Is that like a paid service? I'm already broke from losing my job.

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Yeah there's a cost but it was worth it to actually talk to someone at Washington ESD instead of getting hung up on constantly.

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THEY FIRED YOU FOR CAR PROBLEMS?? That's ridiculous. You should fight this and definitely apply for unemployment. Most employers try to claim misconduct to avoid paying higher UI taxes.

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That's what I thought too. I tried to explain about my car breaking down but they didn't want to hear it.

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Transportation issues usually aren't considered misconduct unless the employee made no effort to resolve them or notify the employer.

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Yes, you can still get unemployment even if you were fired! Washington ESD looks at whether you were fired for 'misconduct' or just poor performance. Being late due to car problems probably isn't misconduct unless you had multiple warnings and refused to fix the issue. You should definitely file a claim.

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That's reassuring! I did have a couple warnings but I was trying to get my car fixed. Should I mention that in my application?

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Absolutely mention you were working to resolve the transportation issue. Washington ESD wants to see you made good faith efforts.

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Apply immediately through SecureAccess Washington. The worst they can say is no, but you have a decent chance since it sounds like poor performance rather than willful misconduct. Make sure to mention the car problems when you file.

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Should I mention that I was looking for reliable transportation when I file my weekly claims?

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Yes, document everything about your efforts to resolve the transportation issue. Keep records of repair attempts, alternate transportation you tried, etc.

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been there done that. got fired for tardiness too and washington esd approved my claim after like a month of back and forth

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Did you have to appeal or did they approve it on the first review?

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first review but took forever. kept saying adjudication in progress

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I got fired for similar reasons last year and still got approved. The key is how Washington ESD defines misconduct - it has to be willful or deliberate. Just struggling with reliable transportation usually isn't enough to disqualify you.

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

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Mine took about 3 weeks because they had to do an adjudication to review why I was fired. But it was worth the wait!

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Your employer will likely contest the claim since they fired you, which means Washington ESD will do an investigation called adjudication. They'll contact both you and your employer to get the full story. Be honest about what happened but emphasize any efforts you made to address the attendance issues.

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What happens during this adjudication process? Do I need to provide documentation?

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They'll do phone interviews with you and your employer. Bring any documentation about your car repairs or efforts to find alternative transportation. The more you can show you were trying to solve the problem, the better.

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Just went through adjudication myself and it was stressful waiting for the decision. If you need to talk to someone at Washington ESD about your case, I found this service called Claimyr that actually got me through to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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For Washington ESD purposes, misconduct has to be willful and substantial. Being late due to car trouble isn't the same as just not showing up because you don't feel like working. Document your attempts to fix your transportation issues.

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I have receipts from the mechanic and texts I sent my supervisor about being late. Should I submit those?

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Absolutely. Any documentation that shows you were trying to address the problem and communicate with your employer will help your case.

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My friend got denied because they said chronic tardiness was misconduct. You might want to be prepared to appeal if they deny you initially.

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How do you appeal a Washington ESD decision? Is it complicated?

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You have 30 days to file an appeal online or by mail. There's a hearing process where you can present your case to an administrative law judge.

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FILE IMMEDIATELY! Don't wait thinking you won't qualify. The worst that happens is they deny you, but if you don't file at all you get nothing. I've seen people get approved for way worse reasons than attendance issues.

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You're right, I'll file today. Better to try than assume I won't qualify.

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Exactly! And if they deny you initially, you can always appeal the decision.

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The key thing is file now and start your job search requirements right away. Even if there's a delay in approval, your claim date starts from when you first file.

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What are the job search requirements? Do I need to apply to a certain number of jobs per week?

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You need to make at least 3 job search contacts per week and keep a log. Register with WorkSourceWA too if you haven't already.

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If you run into issues with the adjudication taking too long, that Claimyr service I mentioned earlier really helped speed things up when I could actually talk to someone at Washington ESD about my case status.

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How long was your adjudication stuck before you used that service?

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About 5 weeks with no updates. After I got through to an agent they were able to tell me exactly what they needed from me to finalize the decision.

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been fired twice and got unemployment both times lol. unless you like stole something or got violent they usually approve it. attendance stuff is borderline but not automatic disqualification

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Good to know I'm not automatically disqualified. Thanks for sharing your experience!

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same here got fired for being late and still got benefits. just be honest in your interview

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honestly the washington esd system is so backed up right now, everyone i know is waiting weeks for decisions

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That's what I'm worried about. I can't wait weeks without any income.

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Look into local food banks and emergency assistance programs while you wait. Many cities have emergency rent assistance too.

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One thing to remember - even if your employer contests it, Washington ESD makes the final decision based on state law, not what your employer wants. Misconduct has a specific legal definition and chronic lateness due to transportation issues usually doesn't meet that standard.

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That makes me feel better. My employer seemed pretty mad when they fired me so I'm sure they'll contest it.

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Let them contest it. You still have a good chance of getting approved as long as you can show you weren't being deliberately irresponsible.

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My employer contested mine too and I still won. The adjudicator was fair and listened to both sides.

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Just to clarify the misconduct standard - Washington ESD looks for deliberate violations of company policy or behavior that shows disregard for the employer's interests. Car trouble leading to tardiness usually doesn't meet this standard.

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That makes me feel a bit better. I was definitely trying to get to work on time, just had mechanical issues.

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But if you had multiple warnings and didn't take steps to fix the transportation issue, they might still consider it misconduct.

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Just a heads up - the adjudication process can take several weeks and you won't get paid during that time. Make sure you keep filing your weekly claims though, even while it's pending. If you get approved, you'll get back pay for those weeks.

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I didn't know about filing weekly claims during adjudication. Thanks for that tip!

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Yeah, a lot of people miss that and lose out on benefits. Keep filing every week no matter what the status shows.

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The unemployment system is so broken, they'll probably deny you just because they can. I got denied for the stupidest reason and had to appeal. Washington ESD seems to deny first and ask questions later.

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That's not really helpful. Lots of people get approved on the first try, especially for attendance issues that aren't willful misconduct.

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I'm just saying be prepared for them to initially deny it. The system is designed to discourage claims.

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I actually got approved right away when I was fired for similar reasons. It depends on the specific circumstances.

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Quick question - were you warned in writing about the attendance issues? If it was just verbal warnings, that actually helps your case. Washington ESD likes to see that employers followed progressive discipline policies.

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I got one written warning but the other times were just verbal. Is that good or bad?

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That's actually in your favor. Shows the employer didn't follow a consistent disciplinary process, which weakens their misconduct argument.

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Whatever you do, don't lie about why you were fired. Washington ESD will find out anyway when they contact your employer. Just be honest about the situation and explain your side of the story.

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Definitely planning to be completely honest. I have nothing to hide, just had some car troubles.

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Honesty is always the best policy with unemployment claims. They can usually tell when someone's not being straight with them.

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File your claim today if you haven't already. The sooner you get it in the system, the sooner they can start processing it. Don't wait around wondering if you qualify.

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I'm going to file right now. Thanks everyone for the advice and encouragement.

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GOOD LUCK! The whole system is designed to make you give up but stick with it. You paid into unemployment insurance for a reason.

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Definitely not giving up. I need these benefits to get back on my feet.

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That's the right attitude. Document everything and be persistent with following up on your claim status.

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update us when you hear back from washington esd. curious how long the adjudication takes these days

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Will do! Hoping it doesn't take too long since my situation seems pretty straightforward.

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One more tip - when you file your weekly claims, make sure you're answering all the questions accurately about your job search activities and availability for work. Any inconsistencies can cause delays.

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Good point. I'll make sure to keep detailed records of my job applications and be honest about everything.

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Exactly. Honesty is always the best policy with Washington ESD, even if you think it might hurt your case.

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If anyone else reading this is stuck waiting for adjudication decisions, seriously check out Claimyr. Being able to actually speak with a Washington ESD representative made all the difference in getting my claim resolved.

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might have to try that if my claim stays stuck much longer

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The video demo I mentioned earlier shows exactly how it works - https://youtu.be/7DieNd3C7zQ. Pretty straightforward process.

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Remember that even if you get approved, there's usually a one-week waiting period before benefits start. Plan accordingly for that gap in income.

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Oh I didn't know about the waiting period. Thanks for the heads up.

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Yeah it's standard. The first week you're eligible is called a waiting week - you file but don't get paid for that week.

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Hope it works out for you. Getting fired is stressful enough without having to worry about whether you'll qualify for unemployment benefits.

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Thanks, it's definitely been a rough couple of days but feeling more optimistic after all this advice.

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Final thought - if Washington ESD does deny your initial claim, don't assume that's the end. The appeals process exists for a reason and many decisions get overturned when people present their case properly.

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Good to know. I'll keep that in mind if I need to go that route.

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Agreed. I've seen plenty of people win on appeal even after being denied initially. Documentation is key.

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I work in HR and I've seen plenty of unemployment claims get approved even when we terminated for attendance. Unless there's a clear pattern of willful disregard for company policy, Washington ESD tends to side with the employee. Your situation sounds like it has a good chance of approval.

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That's really helpful to hear from someone on the employer side. I was worried they'd automatically side with the company.

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Nope, Washington ESD is pretty fair about applying the misconduct standard. They know the difference between can't and won't.

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If you need to check on your claim status or talk to someone during the adjudication process, I had good luck with that Claimyr service someone mentioned earlier. Saved me hours of trying to get through on the phone to Washington ESD.

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I'll keep that in mind if I have trouble reaching them. Thanks!

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Yeah, Claimyr was a lifesaver when I needed to get through to resolve my adjudication issue. Much easier than sitting on hold for hours.

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The whole process seems overwhelming but it's really not that bad. File online at esd.wa.gov, be honest in your application, and then just wait for them to contact you for the adjudication interview. Most people get approved for attendance issues unless there's something really egregious.

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Thanks for breaking it down simply. I feel much more confident about filing now.

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The online filing is pretty straightforward too. Just have your employment history ready and answer everything honestly.

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One more thing - make sure you start your job search right away and keep a log. Even if your claim is still pending, you need to meet the work search requirements to get benefits once you're approved.

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How many jobs do I need to apply for each week? I haven't started looking yet.

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It's 3 job contacts per week in Washington. You can do applications, networking, job fairs, etc. Just keep good records of everything.

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And register with WorkSourceWA - that's required too. They have job search resources that can help.

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Good luck with your claim! Sounds like you have a solid case for getting approved. The key is showing you weren't being deliberately defiant or irresponsible, just dealing with a genuine transportation issue.

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Thank you everyone for all the advice and encouragement. I'm going to file my claim today and feel much more prepared for the process now.

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You've got this! Come back and let us know how it goes.

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