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Melissa Lin

Washington ESD unemployment benefits when you get fired - am I eligible?

I got terminated from my job last Friday and I'm wondering if I can still file for unemployment benefits through Washington ESD. My supervisor said it was due to 'performance issues' but I feel like it was really because I missed a few days when my kid was sick. I've been working there for almost 2 years and never had any write-ups before this. Can you still get UI benefits if you were fired? I'm really stressed about how I'm going to pay rent next month.

Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will determine if you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless they were willful or deliberate.

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That's a relief! How do I know if my situation counts as misconduct? They said it was performance but I really think it was because of the sick days.

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Misconduct has to be intentional wrongdoing or violation of company policy. Missing work for legitimate family reasons usually isn't misconduct, especially if you followed proper procedures for calling in.

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File your claim ASAP! Even if your employer contests it, you should still apply. The worst they can say is no, but you might be surprised. I got fired from my last job and still got benefits after they reviewed my case.

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How long did the review process take? I'm worried about the gap between filing and actually getting payments.

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Mine took about 3 weeks for the initial determination. If your employer contests it, it could go to adjudication which takes longer.

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I had a similar situation and what really helped me was using Claimyr to get through to Washington ESD when I had questions about my claim. The phone lines are always busy but their service helped me reach an actual agent who explained exactly what documentation I needed. You can check out their demo at https://youtu.be/7DieNd3C7zQ - it was worth it to get real answers instead of guessing.

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Is that like a paid service? I'm already tight on money so I don't want to spend more if I don't have to.

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Yeah it's paid but honestly it saved me so much time and stress. The alternative is calling Washington ESD yourself and getting hung up on or waiting hours. Check out claimyr.com to see if it makes sense for your situation.

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I've never heard of that service before. Is it legit? Seems like there should be a free way to talk to Washington ESD.

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UGH the whole system is so frustrating!! I got fired from my job 6 months ago and it took FOREVER to get my benefits sorted out. My employer lied about why they fired me and I had to fight it through the appeal process. Just be prepared for a battle if your employer decides to contest your claim.

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Oh no, that sounds awful! Did you eventually win your appeal? What kind of evidence did you need?

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Yes I won but it took 3 months! I had to provide emails, my attendance records, and even got a coworker to write a statement. Keep EVERYTHING from your job just in case.

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The key thing to remember is Washington ESD looks at whether you were fired for 'misconduct' specifically. Things like attendance issues due to illness, performance problems you were trying to improve, or personality conflicts usually don't qualify as misconduct. You have a good chance if it was truly performance-related.

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This is really helpful! Should I mention the sick days for my kid when I file my claim?

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Absolutely mention it! If you can show the absences were for legitimate reasons and you followed company policy for calling in, that strengthens your case that it wasn't misconduct.

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wait, I thought any absences could be used against you for misconduct?

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To clarify the misconduct question - Washington ESD defines misconduct as deliberate violations of workplace standards or policies. Simply being unable to meet performance standards, especially if you were making a good faith effort, typically doesn't qualify. Missing work for family emergencies when you followed proper notification procedures is definitely not misconduct.

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Oh okay that makes more sense. I was confused about the attendance thing.

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So even though they wrote 'performance issues' as the reason, I should still apply?

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Yes, definitely apply. Let Washington ESD make the determination about misconduct. Don't disqualify yourself before you even try.

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File your weekly claims even while the determination is pending! I made the mistake of waiting and lost out on benefits for those weeks. As long as you're actively looking for work, keep filing.

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Good point! How many jobs do you have to apply to each week for the job search requirement?

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You need at least 3 job search activities per week. Can be applications, networking, interviews, job fairs, etc. Keep detailed records in case they audit your job search log.

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My brother got fired last year for being late too many times and still got unemployment. His employer didn't even contest it. Sometimes companies don't bother fighting these claims especially if they know it wasn't really misconduct.

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That gives me hope! I'm really hoping my employer doesn't contest it since it would cost them time and money too.

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Yeah a lot of employers don't contest unless it was like theft or something really serious. Performance stuff they usually let slide.

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I used Claimyr when I needed to talk to someone at Washington ESD about my claim status. It's been a lifesaver because calling directly is almost impossible. The agents they connect you with are super helpful and can explain your specific situation. Worth checking out if you run into issues.

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How quickly were you able to get connected to someone?

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Usually within a few hours of requesting the callback. Way better than spending all day redialing Washington ESD myself.

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Don't let them intimidate you! Employers sometimes exaggerate the reasons for termination hoping you won't file for benefits. Stick to the facts and let Washington ESD decide. The worst case scenario is they deny your claim and you appeal.

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You're right, I shouldn't assume I won't qualify. I'm going to file today.

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Good for you! Remember to be honest about everything when you file. If there's an investigation, inconsistencies will hurt your case more than the original reason for termination.

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Make sure you have all your employment info ready when you file - dates of employment, your supervisor's name, your gross wages, etc. The application process is pretty straightforward but having everything organized helps.

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Thanks! I'll gather all that stuff before I start the application.

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Also make sure you have your Social Security number and ID ready. The whole process took me about 20 minutes once I had everything together.

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Been there! Got canned from my job 3 years ago for 'attitude problems' which was really just me standing up for myself. Still got my benefits after they investigated. Performance issues are usually not misconduct unless you were deliberately sabotaging your work.

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That's encouraging! Did your employer contest your claim?

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Yeah they did, but Washington ESD sided with me after reviewing everything. The adjudication process was stressful but worth it in the end.

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One thing to keep in mind - if your claim gets contested and goes to adjudication, it can take several weeks to get a decision. But don't let that stop you from filing. You can always appeal if the initial decision isn't in your favor.

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How long do appeals usually take?

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Appeals can take 1-3 months depending on how backlogged they are. But if you win your appeal, you get backpay for all the weeks you were waiting.

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Whatever you do, don't delay filing! You can't get benefits for weeks before you actually file your claim, even if you were eligible. The sooner you apply, the sooner you might start getting payments.

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Good point! I was worried about filing too early but it sounds like I should do it right away.

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Exactly! There's no penalty for filing and being denied, but there is a penalty for waiting too long to file.

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I had to use Claimyr twice when dealing with my unemployment claim - once to check on my adjudication status and once when I had questions about my job search requirements. Both times the Washington ESD agents were really helpful and saved me from making mistakes that could have jeopardized my benefits.

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It seems like a lot of people have had good experiences with that service. I might need to look into it if I run into problems.

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Yeah, it's definitely worth having as an option. The Washington ESD phone system is just so overwhelmed that sometimes you need an alternative way to get through.

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Just remember that even if you get denied initially, you have appeal rights. I know several people who were denied at first but won on appeal. Don't give up if the first decision doesn't go your way!

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Thanks for all the encouragement everyone! I'm feeling much more confident about filing now.

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You've got this! The system can be intimidating but you have rights as a worker. Use them!

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Good luck with your claim! Keep us posted on how it goes.

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