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Reginald Blackwell

Washington ESD unemployment benefits if fired from job - do I qualify?

Got let go from my warehouse job last week and I'm wondering if I can even get unemployment benefits since I was fired? My supervisor said it was for attendance issues but I had some legit reasons for missing work. I've been working in Washington for about 3 years and never filed for unemployment before. Does Washington ESD automatically deny claims if you get fired or do they actually look at the circumstances? Really need to know if it's worth applying or if I should just focus on job hunting.

You can definitely still qualify for unemployment benefits even if you were fired, but it depends on WHY you were fired. Washington ESD will investigate what they call 'misconduct' - basically if you were fired for something that was willful or negligent on your part. Attendance issues can go either way depending on the circumstances. If you had legitimate reasons for the absences (illness, family emergency, etc.) you might still qualify. You should absolutely file a claim and let them make the determination.

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Thanks, that's encouraging. I had a couple absences for being sick and one for my kid's emergency room visit. Hopefully they'll see those as legitimate reasons.

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Yeah definitely file. I got fired for what my boss called 'poor performance' but Washington ESD approved my claim because they said it wasn't misconduct, just not being good enough at the job which isn't my fault really.

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The key thing is 'misconduct' vs. just being terminated. If you were fired for something like stealing, fighting, or deliberately violating company policy, that would be misconduct and you'd be disqualified. But if it was performance issues, attendance problems that weren't completely your fault, or just not being a good fit, you can still get benefits. File your claim online at Washington ESD and be honest about the reason for separation. They'll contact your employer to get their side too.

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Good to know they contact the employer. I'm worried my supervisor might exaggerate the attendance thing but I kept records of when I called in sick.

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Keep those records! If Washington ESD denies your claim initially, you can appeal and provide documentation. I had to do that when my employer lied about why I was fired.

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I was in a similar situation last year - got fired for what they called 'tardiness' but I was only late a few times due to bus issues. Filed for unemployment anyway and got approved after they investigated. The Washington ESD adjudicator said occasional tardiness due to transportation problems wasn't misconduct. The whole process took about 3 weeks but I got backpay for the waiting period.

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3 weeks isn't too bad. Did you have to do anything special during the investigation or just wait?

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Just had to do a phone interview where they asked about the circumstances. I explained about the bus route changes and provided my attendance record. Pretty straightforward.

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One thing to keep in mind - even if you're approved, there might be a waiting period or your claim might go into adjudication while they investigate. This is totally normal for fired employees. Don't panic if your claim status shows 'pending' or 'under review' for a few weeks. Just keep certifying your weekly claims and looking for work in the meantime.

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Yes! And make sure you're documenting your job search activities. Washington ESD requires 3 job search activities per week and they can audit your search log at any time.

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Good point about the job search requirement. I should start keeping track of applications even before my claim gets approved.

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BTW if you're having trouble getting through to Washington ESD to check on your claim status or ask questions, I recently discovered this service called Claimyr (claimyr.com) that helps people get through to ESD agents. They have this video demo that shows how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of trying to call during busy times. Might be worth checking out if you need to talk to someone about your claim.

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Interesting, never heard of that before. Is it legit? I've heard stories about people getting charged for things that should be free.

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Yeah it's legit, they just help you get through the phone system. I used it when my claim was stuck in adjudication and couldn't get answers any other way. Made the whole process much less stressful.

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I've used Claimyr too - it's really helpful when you need to reach an actual person at Washington ESD instead of just the automated system. Wish I'd known about it earlier.

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Just want to add that even if your initial claim gets denied, DON'T give up! You have the right to appeal and many people win their appeals even after being denied initially. The appeals process gives you a chance to present your side of the story to a judge. I know someone who got approved on appeal after being denied twice.

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That's reassuring. How long does the appeals process usually take?

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It varies but usually a few months. You can represent yourself or get help from a lawyer. The important thing is to keep filing your weekly claims even during the appeal process.

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Also want to mention that Washington ESD has pretty specific definitions of misconduct. Things like isolated incidents, good faith errors, or behavior that doesn't actually harm the employer usually don't qualify as misconduct. The bar is actually pretty high for them to deny benefits. Your attendance issues sound like they might not meet that threshold, especially if you had valid reasons.

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This is true. I work in HR and we rarely challenge unemployment claims unless there was really serious misconduct like theft or violence. Most attendance issues aren't worth fighting over.

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That makes me feel better. I was a good employee otherwise, just had some attendance problems due to circumstances mostly beyond my control.

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Quick tip - when you file your claim, be completely honest about why you were fired but also make sure to explain your side of the story. Don't just say 'fired for attendance' - explain the specific circumstances that led to your absences. Washington ESD wants the full picture, not just the employer's version.

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Good advice. I'll make sure to explain about being sick and my kid's ER visit, not just that I missed work.

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Yes, context matters a lot. I got approved even though I was fired because I explained the whole situation honestly and provided documentation.

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One more thing - start your claim as soon as possible. You can't get benefits for weeks before you file, so even if you're not sure if you qualify, it's better to file and find out than to wait. The worst they can say is no, but at least you'll know for sure.

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You're right, I should probably file today. No point in waiting and potentially missing out on benefits I might be entitled to.

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Exactly. The earlier you file, the earlier your claim can be processed. Even if there's an investigation, at least the clock starts ticking.

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I hate to be negative but I got fired for attendance too and was denied benefits. Had to appeal and it took forever. The system is really frustrating and they seem to side with employers most of the time. Maybe your situation is different but just be prepared for a fight.

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Sorry to hear about your experience. Did you eventually get approved on appeal or are you still fighting it?

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I did get approved on appeal but it took 4 months total. Just saying don't expect it to be easy or quick.

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Every case is different though. Some people get approved right away, others have to appeal. It really depends on the specific circumstances and how well you can document your side of the story.

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def file anyway. got fired from retail job last year for 'poor customer service' but still got unemployment cuz they couldnt prove i was being deliberately rude to customers. washington esd is pretty fair about this stuff if you have a reasonable explanation

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That's encouraging. Sounds like they do actually look at the circumstances rather than just automatically denying claims for fired employees.

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Yeah they have to investigate. It's not just about being fired, it's about whether what you did was actually misconduct according to their definition.

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I'm dealing with something similar right now - got fired for what they called 'insubordination' but really I was just asking questions about unsafe working conditions. Filed my claim and it's been in adjudication for 2 weeks now. The waiting is killing me but at least I know they're actually investigating instead of just denying everyone who got fired.

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Good luck with your claim! Sounds like you had legitimate reasons for questioning the safety issues.

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Safety concerns are definitely not misconduct. I'd be surprised if they deny your claim for that. Might want to contact OSHA too if there were actual safety violations.

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If you need to check on your adjudication status and can't get through to Washington ESD, that Claimyr service I mentioned earlier is really helpful for reaching an actual person who can give you updates.

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Quick question - do you have to tell them you were fired when you apply or can you just say 'job ended'? Not trying to lie but wondering if there's a difference in how they process the claim.

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You need to be honest about the reason for separation. They'll find out anyway when they contact your employer, and lying on your application is misconduct that will definitely disqualify you.

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Yeah definitely be honest. Not worth risking getting caught in a lie over something that might not even disqualify you anyway.

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They specifically ask about the reason for separation on the application. Just tell the truth - being fired doesn't automatically disqualify you but lying will.

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From what I understand, Washington state is actually more generous with unemployment benefits than a lot of other states. They really do look at the individual circumstances rather than just having a blanket policy against fired employees. Worth filing for sure.

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That's good to hear. I've been worried that getting fired automatically means no benefits but sounds like that's not the case.

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Washington ESD is generally pretty fair. The key is just being honest and providing documentation when you can. Don't stress too much about it.

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Update for anyone following this - I filed my claim yesterday and the process was actually pretty straightforward. Had to answer detailed questions about why I was fired but there was space to explain my side of things. Now just waiting to see what happens. Thanks everyone for the encouragement to file rather than just assuming I wouldn't qualify!

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Good for you! Hopefully the process goes smoothly. Remember to keep certifying your weekly claims even while they're investigating.

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Glad you filed! Keep us posted on how it goes. Always good to hear real experiences with the Washington ESD process.

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Great news! If you need to follow up on your claim status at any point, remember that Claimyr option I mentioned. Much easier than trying to get through the regular phone lines.

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