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Maxwell St. Laurent

Washington ESD unemployment benefits if you get fired - eligibility question

My manager terminated me last Friday for what they called 'performance issues' but I think it was really because I complained about safety violations at our warehouse. I've been working there for 8 months and never had any formal write-ups before this. Can I still apply for Washington ESD unemployment benefits if I was fired? I'm worried they'll deny my claim because I wasn't laid off. Has anyone dealt with this situation before?

Yes, you can definitely apply for unemployment even if you were fired. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless it was willful or repeated after warnings. Since you had no write-ups, you should have a good case.

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That's reassuring to hear. Should I mention the safety complaint in my application or wait to see if they contest it?

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I'd include it in your application. If they fired you for complaining about safety issues, that could actually strengthen your case for benefits.

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I got fired from my last job too and still received benefits. The key is how Washington ESD defines misconduct - it has to be something really serious like theft, violence, or deliberate violation of company policy.

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How long did it take for your claim to get approved after filing?

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About 3 weeks, but my employer didn't contest it. If yours does, it could take longer and might go to adjudication.

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File your claim ASAP - don't wait. Even if your employer contests it, you want to get the process started. I had a similar situation where I was fired for 'attitude problems' which was really retaliation for reporting harassment. Washington ESD approved my benefits after reviewing the case.

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Did you have to provide documentation about the harassment complaint?

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Yes, I provided emails and the HR complaint I filed. Any documentation you have about the safety violations would be helpful.

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This is exactly why I keep screenshots of everything work-related now. You never know when you'll need proof.

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Had trouble reaching Washington ESD when my employer contested my claim after being fired. Kept getting busy signals and getting hung up on after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works - basically they handle the calling for you and connect you when an agent picks up.

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That sounds really helpful. How much does something like that cost?

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They don't post pricing on the site but it was worth it for me since I was spending entire days trying to get through on my own.

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I've heard about services like this but wasn't sure if they were legit. Good to know it actually worked for someone.

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washington esd will probably put your claim in adjudication if your employer contests it. thats when they investigate to see if the firing was for misconduct or not. can take weeks but usually works out if you weren't doing anything really wrong

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What happens during adjudication? Do they interview both me and my employer?

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They'll request information from both parties and may conduct phone interviews. Be honest about what happened and provide any evidence you have.

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The whole system is designed to screw over workers. Even if you get approved, they'll find some way to make your life difficult. I got fired for 'insubordination' because I refused to work in unsafe conditions and it took 2 months to get my benefits approved.

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That's frustrating but at least you eventually got approved. Gives me hope for my situation.

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Yeah just be prepared for a fight. Keep all your documentation and don't let them intimidate you.

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Two months seems excessive. Did you appeal or just wait it out?

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Quick question - do you have to be actively looking for work while your claim is being adjudicated for the firing?

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Yes, you still need to file weekly claims and do your job search activities even during adjudication. Don't skip this or it could affect your benefits.

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Good point, I need to start documenting my job search right away.

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I work in HR and see these cases all the time. If your employer fired you for performance without progressive discipline (verbal warning, written warning, final warning), Washington ESD usually sides with the employee. Document everything about the safety complaints you made.

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I have emails where I reported the safety issues to my supervisor. Should I print those out?

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Absolutely. Print them and keep digital copies too. Any response from management would also be helpful.

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This is solid advice. The lack of progressive discipline is a big red flag that suggests wrongful termination.

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Been through this exact scenario. Got fired for 'poor performance' after complaining about wage theft. Washington ESD approved my claim because retaliation isn't misconduct. The adjudication process was nerve-wracking but worth it in the end.

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How did you prove it was retaliation and not legitimate performance issues?

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I had good performance reviews up until I made the complaint, then suddenly everything I did was wrong. The timeline made it obvious.

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File immediately! Don't overthink it. Washington ESD has specific criteria for misconduct and general performance issues don't usually qualify. Even if you're denied initially, you can appeal.

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Thanks for the encouragement. I'll file tonight after I gather my documentation.

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Smart move. The sooner you file, the sooner your potential benefits start counting.

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My brother got unemployment after being fired for attendance issues so performance stuff should be fine. The employer has to prove you did something really bad on purpose.

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That's helpful to know. I definitely wasn't doing anything intentionally wrong.

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Attendance and performance are treated differently but both are usually not considered misconduct unless there's a pattern of willful behavior.

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Whatever you do, don't admit fault when you file your claim. Stick to the facts about what happened and let Washington ESD make the determination about misconduct.

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Good advice. I was worried about sounding defensive but I should just be factual.

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Exactly. Let the evidence speak for itself rather than trying to argue your case in the application.

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If you end up in adjudication and can't reach Washington ESD, that Claimyr service someone mentioned earlier really does work. I used it when I needed to check on my claim status and it saved me hours of trying to call.

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I bookmarked their site just in case. Hopefully I won't need it but good to have as backup.

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I tried it too after seeing it recommended here. Worked great for getting through to an actual person.

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The most important thing is to file your weekly claims even if your initial claim is pending. Missing those can mess up your whole benefit period.

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I didn't know that. So I should keep filing even if I haven't heard back about whether I'm approved?

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Yes, absolutely. You file weekly claims for any week you want to potentially receive benefits for, even during the review process.

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Safety retaliation cases are taken seriously by Washington ESD. You should be fine as long as you can show the timing between your complaint and the firing.

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The safety complaint was about 3 weeks before they fired me. Is that close enough timing-wise?

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That's actually pretty good timing to establish a connection. Most retaliation happens within a few weeks to a few months.

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Just wanted to add that if your employer does contest your claim, don't panic. I've seen plenty of contested claims get approved after adjudication. The process works if you have your facts straight.

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Thanks everyone for all the advice. I feel much more confident about filing now. Will update this thread once I hear back from Washington ESD.

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Good luck! Remember to keep documenting your job search activities while you wait for the decision.

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