< Back to Washington Unemployment

Nina Chan

Washington ESD unemployment - can you collect if you got fired from your job?

Lost my warehouse job last Friday and wondering if I can even apply for unemployment benefits through Washington ESD. My supervisor said I was terminated for 'performance issues' but honestly I think it was because I couldn't work the overtime they kept demanding. I have two kids and couldn't stay past 6pm most days. Do I have any chance of getting approved or should I not even bother filing? I've never been fired before so I have no idea how this works with unemployment claims.

You can definitely apply! Washington ESD looks at the specific reason for termination. If it was performance-related rather than misconduct, you might still qualify. File your claim as soon as possible since there's a waiting period anyway.

0 coins

Thanks! I wasn't sure if being fired automatically disqualified you. Should I mention the overtime issue in my application?

0 coins

Yes, definitely include all the details about your work situation. Washington ESD will investigate both sides of the story during the adjudication process.

0 coins

I got fired from my retail job for being late too many times and still got approved for UI benefits. The key is that Washington ESD has to determine if it was 'misconduct' or just not being a good fit for the job. Performance issues usually aren't considered misconduct.

0 coins

How long did it take for them to make the decision? I'm in a similar situation.

0 coins

About 3 weeks for the adjudication to complete. They called both me and my former employer to get the full story.

0 coins

File immediately and don't worry about the outcome right now. Even if you get initially denied, you can appeal the decision. I had to go through an appeal hearing last year and ended up winning my case. The worst thing you can do is not file at all.

0 coins

Good point about the appeal process. I'll get my application in this week for sure.

0 coins

Ugh trying to reach Washington ESD to ask questions about this stuff is impossible. I've been calling for days and either get busy signals or get disconnected after waiting on hold forever. Anyone know a better way to get through?

0 coins

I found this service called Claimyr that actually got me through to a Washington ESD agent in like 10 minutes. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

0 coins

Performance issues are totally different from misconduct in Washington ESD's eyes. Misconduct is like stealing, fighting, or deliberately violating company policy. Not being able to meet productivity standards or having scheduling conflicts usually doesn't count as misconduct.

0 coins

That's reassuring. I was never written up for any behavioral issues, just couldn't keep up with their unrealistic quotas.

0 coins

Exactly! They have to prove you were deliberately doing something wrong, not just struggling with the job requirements.

0 coins

I got fired for attendance issues (single mom, daycare problems) and Washington ESD approved my claim after about a month of adjudication. They understood that I wasn't being insubordinate, just dealing with life circumstances.

0 coins

Similar situation here with the kids. Glad to hear it worked out for you.

0 coins

Did you have to provide documentation about your childcare situation?

0 coins

They asked for some details during the phone interview but nothing formal. Just wanted to understand why the attendance issues happened.

0 coins

File online at esd.wa.gov as soon as possible. The longer you wait, the longer it takes to get your first payment. Even if there's an adjudication delay, you'll get backpay to your filing date if approved.

0 coins

Good to know about the backpay. I'll file this weekend.

0 coins

Make sure you have all your employment information ready when you file - dates, wages, reason for separation. Washington ESD will contact your employer to verify everything you report.

0 coins

Do they always contact the employer or only if there's a question about the termination?

0 coins

They'll definitely contact them if you're claiming you were fired. They need both sides of the story for the adjudication process.

0 coins

honestly the whole system is rigged against workers anyway. companies can fire you for any made up reason and then fight your unemployment claim to save money on their taxes. its disgusting

0 coins

While I understand the frustration, Washington ESD does investigate each case individually. Not all employers fight legitimate claims.

0 coins

maybe but ive seen too many people get screwed over to have much faith in the process

0 coins

I was terminated from my accounting job for 'not meeting expectations' and got approved for benefits. The adjudicator said that performance issues without willful misconduct typically qualify for UI. Don't let the fear of denial stop you from filing.

0 coins

Thanks for sharing your experience. It's helpful to hear from someone who went through something similar.

0 coins

How long was your adjudication process? Mine's been pending for 2 weeks already.

0 coins

About 4 weeks total. I used that Claimyr service someone mentioned earlier to get through and check on the status. Way easier than trying to call Washington ESD directly.

0 coins

The key thing is to be completely honest in your application. If you try to hide the fact that you were fired, it will definitely hurt your case later. Washington ESD will find out anyway when they contact your employer.

0 coins

Absolutely planning to be upfront about everything. No point in lying when they're going to investigate anyway.

0 coins

File your claim this week! I waited too long thinking I wouldn't qualify and missed out on benefits I could have been collecting. Even if you're not sure, let Washington ESD make the determination - that's their job.

0 coins

You're right, I shouldn't make assumptions about whether I qualify. Better to apply and let them decide.

0 coins

Exactly! The worst they can say is no, but you might be surprised and get approved.

0 coins

Remember you'll also need to do job search activities while your claim is processing. Washington ESD requires 3 job search activities per week, so start keeping track of your applications and interviews.

0 coins

Good reminder about the job search requirements. I should start documenting everything right away.

0 coins

You can use WorkSourceWA.com to track your job search activities. Makes it easier when you file your weekly claims.

0 coins

I was fired for 'not being a team player' which was really just me refusing to work unpaid overtime. Got approved for unemployment after they investigated. Sounds like your situation might be similar with the overtime demands.

0 coins

Yes, very similar! They kept expecting me to stay late without considering my family obligations.

0 coins

That's not misconduct at all. Refusing to work unpaid overtime is actually your right as an employee.

0 coins

Quick question - do you have to wait a week before filing or can you file immediately after being terminated?

0 coins

You can file immediately. There's already a built-in waiting week, so don't delay your application any longer than necessary.

0 coins

Make sure you understand the difference between being fired for cause vs. performance issues. Washington ESD treats them very differently when determining eligibility for benefits.

0 coins

From what everyone's saying, my situation sounds more like performance issues than misconduct, which gives me hope.

0 coins

If you do get denied initially, don't give up! The appeal process exists for a reason. I've seen people win appeals even when their initial claim was denied. Sometimes it just takes getting in front of an administrative law judge to tell your side of the story.

0 coins

How long does the appeal process usually take?

0 coins

Mine took about 6 weeks from filing the appeal to getting the hearing scheduled. But I got backpay for the whole period once I won.

0 coins

When I was having trouble getting through to Washington ESD for updates on my adjudication, I used Claimyr and it was a game changer. Actually got to talk to someone instead of just waiting endlessly on hold. Definitely worth checking out if you need to speak with an agent about your claim.

0 coins

I'll keep that in mind if I need to call them. Thanks for the tip!

0 coins

Just want to add - document everything from your former job if you can. Pay stubs, performance reviews, any emails about the overtime expectations. It might help during the adjudication process.

0 coins

Good advice. I do have some emails about the scheduling conflicts that might be helpful.

0 coins

Yes! Any written communication that shows the employer's unreasonable expectations could really help your case.

0 coins

Update us when you file and let us know how it goes! I'm always curious to hear how these cases turn out.

0 coins

Will do! Thanks everyone for all the helpful advice. Feeling much more confident about filing now.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today