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Olivia Harris

Washington ESD unemployment benefits if terminated - can you get unemployment if you get fired?

My supervisor terminated me last week after what they called 'performance issues' but I think it was really because I questioned some safety protocols at our warehouse. I've been working there for 2 years with no major problems until this new manager started 6 months ago. Can you actually get unemployment benefits through Washington ESD if you get fired? I always thought you had to quit or get laid off. I'm really stressed about paying rent and need to know if I should even bother applying or if it's automatic denial.

Yes, you can definitely get unemployment benefits if you're fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful negligence. You should definitely apply - worst case they deny it and you can appeal.

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Thanks, that's encouraging. What exactly counts as misconduct in Washington ESD's eyes?

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Misconduct is things like stealing, violence, repeatedly violating company policy after warnings, or deliberately doing your job wrong. Being bad at your job or having conflicts with management usually isn't misconduct.

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File your claim immediately! Washington ESD has a waiting period anyway, so the sooner you apply the better. When they investigate, they'll contact both you and your employer. Make sure you document everything about why you think the firing was unfair - emails, witness statements, anything that shows it wasn't misconduct.

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I do have some emails where I raised the safety concerns. Should I submit those with my application?

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Keep those ready for when Washington ESD does their fact-finding interview. They'll ask for your side of the story and that's when you provide supporting documentation.

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I got fired from my last job for 'attitude problems' and still got approved for UI benefits. The key is being honest in your application but explaining your perspective. Washington ESD investigates every termination case, so they'll hear both sides before making a decision.

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How long did the investigation take? I'm worried about the bills piling up.

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Mine took about 3 weeks for them to make a decision. They call it 'adjudication' and you can check the status online through your SecureAccess Washington account.

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Drake

Actually had a similar situation and couldn't get through to Washington ESD for weeks to check on my claim status. Finally found this service called Claimyr (claimyr.com) that helps you actually reach someone at Washington ESD by phone. They have this video demo that explains how it works: https://youtu.be/7DieNd3C7zQ. Saved me so much frustration trying to get answers about my adjudication.

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Is that legit? I've never heard of paying someone to help you call a government office.

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Drake

Yeah it felt weird at first but they basically just help you get through the phone system when call volumes are high. Way better than calling 50 times a day and never getting through.

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I've used Claimyr too when my claim got stuck in adjudication. Sometimes you really do need to talk to an actual person at Washington ESD and this is the only way that works.

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ugh the whole system is so messed up!! why should we have to prove we didn't deserve to get fired?? employers can just lie and say whatever they want

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I get the frustration, but Washington ESD does investigate both sides. They don't just take the employer's word for it.

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maybe but it still puts all the burden on us to prove we're not liars or lazy or whatever

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Update: I applied online this morning and it was easier than I expected. Now it says my claim is 'pending' and under adjudication. How long does this usually take?

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Good job filing quickly! Adjudication for termination cases usually takes 2-4 weeks. They have to contact your employer and give them time to respond, then review everything.

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Keep filing your weekly claims even during adjudication. If you get approved, you'll get back pay for those weeks.

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Same thing happened to my brother last year - got fired for 'performance' but it was really retaliation for filing a complaint with HR. Washington ESD approved his benefits after investigating. The employer tried to fight it but didn't have documentation to prove misconduct.

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That gives me hope. My employer doesn't document anything properly either.

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Yeah, that works in your favor. Washington ESD needs actual evidence of misconduct, not just the employer saying 'they were a bad employee.

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Quick clarification - there's a difference between being fired 'for cause' and being terminated for business reasons. If they're calling it performance issues rather than misconduct, that usually means they don't have grounds to fight your unemployment claim.

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They specifically said 'performance issues' on my termination letter, not misconduct. Does that help my case?

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Yes, that's actually good for you. Performance issues typically don't disqualify you from benefits unless it was willful.

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whatever you do dont mention the safety thing that might make them think you were insubordinate or something

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Actually, raising legitimate safety concerns is protected activity. If anything, that supports the retaliation angle.

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Right, I was thinking the same thing. It shows I was trying to do the right thing.

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I work in HR and see these cases all the time. Most terminations for 'performance' don't disqualify you from Washington ESD benefits unless the employer can prove it was willful misconduct with proper documentation and progressive discipline. Sounds like your employer doesn't have that.

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They never gave me any written warnings or put me on a performance improvement plan. Is that important?

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Very important. Lack of progressive discipline makes it much harder for them to prove misconduct to Washington ESD.

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Make sure you're ready for the fact-finding interview when Washington ESD calls. They'll ask specific questions about what happened and why you think you were terminated. Be honest but focus on facts, not emotions.

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When do they usually call for that interview?

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Usually within the first 1-2 weeks of adjudication. They'll call both you and your employer separately.

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honestly i got fired for being late too many times and still got approved lol. washington esd is pretty fair about it as long as you werent stealing or fighting or something crazy

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Attendance issues can go either way depending on whether warnings were given and if there were valid reasons for the tardiness.

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Drake

Just remember, even if you get initially denied, you can appeal the decision. I've seen people win on appeal after losing the first determination. The key is having your documentation ready and maybe getting help reaching Washington ESD if you need to discuss your case - that's where Claimyr really helped me out.

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Good to know appeals are an option. Hopefully it won't come to that though.

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One more tip - start your job search activities right away even while your claim is being adjudicated. Washington ESD requires active job searching, and it looks good if you're already doing it when they review your case.

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Do I need to log job searches in WorkSourceWA right away?

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Yes, you should start logging job search activities in WorkSourceWA immediately. It's required for ongoing eligibility anyway.

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this whole thing is just so stressful. like you lose your job and then have to jump through hoops to maybe get help paying bills

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I totally get the stress, but try to stay positive. The system works for most people who were legitimately terminated without misconduct.

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Thanks everyone for all the advice. I feel much more confident now that I might actually get approved. Will keep you posted on how the adjudication goes!

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You're welcome! Sounds like you have a good case. Just be patient with the process and stay on top of your weekly claims.

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Best of luck! Remember, if you need to talk to someone at Washington ESD about your case status, don't hesitate to get help reaching them if the phone lines are jammed.

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My claim took forever to get decided but I eventually got approved after being fired for 'not being a good fit.' Keep the faith!

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How long is forever? I'm already getting anxious after just one day lol

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Mine was like 5 weeks but that was during busy season. Yours will probably be faster.

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btw make sure you understand the difference between misconduct and just being bad at your job. washington esd has specific definitions and most firings dont actually meet the misconduct standard

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Yeah, I'm learning there's a big legal difference. Thanks for pointing that out.

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Final thought - document everything about your termination while it's fresh in your memory. Dates, conversations, witnesses, emails. If your employer contests your claim, you'll want all of this organized and ready to present to Washington ESD during the investigation.

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Great advice. I'm going to write down everything I remember tonight while it's still clear.

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Smart approach. The more documentation you have, the stronger your case will be if there's any dispute.

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one more thing - if you do get approved make sure you keep filing those weekly claims on time every week or you'll lose benefits even if you qualified initially

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Good reminder. I'll set up a weekly reminder on my phone so I don't forget.

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