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Freya Larsen

Washington ESD unemployment eligibility after being fired - can I still qualify?

I got terminated from my retail job last week and I'm wondering if I can still file for unemployment benefits with Washington ESD. My manager said it was due to 'performance issues' but honestly I think they just wanted to cut costs. I've been working there for 2 years and never had any formal write-ups or warnings. Does getting fired automatically disqualify me from getting UI benefits? I really need the income while I look for another job.

You can definitely still apply! Getting fired doesn't automatically disqualify you from Washington ESD benefits. It depends on WHY you were fired. If it was for misconduct (like stealing, fighting, etc.) then you'd be disqualified. But if it was for performance issues or just general 'not a good fit' reasons, you should be eligible. The key is that it has to be misconduct that's connected to your work.

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That's reassuring! They never accused me of anything like stealing or being late. Just said my sales numbers weren't high enough.

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yeah performance stuff usually doesn't count as misconduct for UI purposes

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Apply as soon as possible. Washington ESD will investigate your separation and make a determination. Your employer will have a chance to provide their side of the story, but if it's truly just performance-related, you should be approved. The worst that can happen is they deny it and you can appeal if you disagree with their decision.

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Should I wait to apply until I have all my paperwork together? I don't have my final paycheck yet.

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No don't wait! Apply now. You can always update information later but you want to get your claim started. The sooner you apply, the sooner benefits can potentially start.

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I was in a similar situation last year - got let go for 'not meeting expectations' at a call center job. Washington ESD approved my claim after about 2 weeks of adjudication. The key thing is being honest about what happened when you file. Don't try to sugarcoat it or make yourself look perfect, just state the facts about why they said you were terminated.

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Did you have to do anything special during the adjudication process?

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They just called me once to ask a few questions about what happened. I explained my side and that was pretty much it. I think they called my former employer too but I never heard the details.

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If you're having trouble reaching Washington ESD to ask questions about your specific situation, I found this service called Claimyr that helps you actually get through to speak with someone. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. I used it when I was confused about my claim status and finally got to talk to an actual person instead of getting hung up on.

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how much does that cost though? seems like it should be free to talk to Washington ESD

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It should be free but when you can't get through for weeks it becomes worth it. They handle the calling frustration for you.

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The Washington ESD system is such a joke. They make it so hard to get benefits even when you're legitimately entitled to them. I got fired from my warehouse job for 'attendance issues' (I was 5 minutes late twice in 6 months) and they still made me jump through hoops for weeks before approving my claim.

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That's frustrating! At least you eventually got approved though. How long did the whole process take?

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Took almost a month from when I first applied. Had to do phone interviews, submit documents, the whole nine yards. Such a hassle when you're already stressed about money.

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A month is pretty normal for adjudication cases unfortunately. The system is overwhelmed and understaffed.

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Wait, so if you get fired for being bad at your job you can still get unemployment? That doesn't seem right. What's to stop people from just not trying at work if they know they'll get benefits anyway?

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It's not about being 'bad' at your job. Misconduct has a specific legal definition - it has to be willful or deliberate behavior that violates your employer's interests. Poor performance alone isn't misconduct.

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Exactly. There's a difference between not being able to do something and choosing not to do something. UI is meant to help people who lost their job through no fault of their own.

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def apply right away, worst case they say no and you appeal. I know someone who got fired for failing a drug test and even they got benefits because it was marijuana and they had a medical card lol

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That's actually a complex area of law now with marijuana legalization. Each case gets evaluated individually.

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Thanks everyone for the advice! I'm going to apply online tonight. One more question - do I need to wait until my last day of work or can I apply immediately after getting fired?

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You can apply the day after your last day of work. So if Friday was your last day, you can apply Saturday.

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Perfect, Friday was my last day so I'll get started on the application process tomorrow morning.

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Just make sure you're actively looking for work once you start receiving benefits. Washington ESD requires you to make job search contacts each week and keep a log. Don't skip that part or you could lose your benefits.

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How many job contacts do I need to make per week?

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I think it's 3 per week but check your individual requirements when you file. Some people need more depending on their situation.

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I'm going through something similar right now - got terminated 3 weeks ago and my claim is still in adjudication. It's nerve-wracking waiting to hear back but at least I know I'm not alone in this situation.

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That's exactly what I'm worried about - the waiting period. Did you try calling Washington ESD to check on your status?

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I've tried calling dozens of times but can never get through. Always get the busy signal or get disconnected after waiting on hold for an hour.

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That's exactly why I mentioned Claimyr earlier - the phone situation with Washington ESD is impossible. At least with their service you don't have to sit there redialing all day trying to get through to someone.

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I might have to look into that. This waiting and not knowing is driving me crazy.

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Been there! Got fired from my restaurant job during COVID and was so worried I wouldn't qualify. Turned out the adjudication process was pretty straightforward. They just wanted to confirm I wasn't fired for something serious like stealing tips or showing up drunk.

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That makes me feel better. Did they contact your employer during the process?

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Yeah they send them a form to fill out about why you were terminated. Most employers just check the boxes and send it back - they don't usually fight it unless it was for serious misconduct.

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The whole system needs an overhaul. Why should people have to worry about whether they can get benefits when they lose their job through no fault of their own? It's supposed to be insurance that we all pay into.

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EXACTLY. We pay into this system our whole working lives and then when we need it they make us beg for it.

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The adjudication process exists to prevent fraud and ensure benefits go to eligible people. It's not perfect but it serves a purpose.

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honestly the retail industry is notorious for firing people right before they'd qualify for raises or benefits. sounds like you got screwed over but at least you have UI as a safety net while you find something better

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That's what I'm thinking too. The timing was very suspicious - right before my 2 year anniversary when I would have gotten more vacation time.

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Make sure you document everything about why you were fired. Save any emails, performance reviews, etc. If your employer tries to claim it was misconduct later, you'll want evidence to support your side of the story.

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Good point! I do have my last performance review from 6 months ago which was actually pretty positive.

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Perfect! Keep that handy in case you need it during the adjudication process.

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I work in HR and see these situations all the time. As long as it wasn't gross misconduct (violence, theft, harassment, etc.) you should be fine. Performance issues rarely disqualify someone from UI benefits.

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Thank you for the professional perspective! That makes me feel much more confident about applying.

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what counts as gross misconduct exactly? asking for a friend...

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Generally things like stealing, fighting, showing up intoxicated, harassment, or willfully violating clear company policies. Poor performance or personality conflicts usually don't qualify.

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File ASAP! I waited a week after getting fired and always regretted not starting the process immediately. Every day you wait is potentially money lost.

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You're right, I'm going to get started tonight. No point in putting it off any longer.

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Quick question - do you have to be actively looking for work while your claim is being adjudicated? Or only after it's approved?

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You should start looking for work immediately. Even if your claim is denied initially, the work search activities will count if you appeal and win.

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Good to know, I was planning to start job hunting this week anyway.

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Had a friend who got fired from Boeing for performance issues and had no trouble getting UI. It's really about whether you did something intentionally wrong or just weren't a good fit for the job.

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That's reassuring since my situation sounds very similar to your friend's.

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Don't let them intimidate you into not applying. Some employers will try to scare you by saying you won't qualify, but that's not their decision to make - it's Washington ESD's job to determine eligibility.

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My manager did kind of hint that I shouldn't bother applying, but now I see why - they probably don't want their UI taxes to go up.

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Exactly! Their UI tax rate is partly based on how many former employees collect benefits. Don't let that stop you from getting what you're entitled to.

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Drake

I went through almost the exact same situation about 6 months ago - got let go from my job for "performance reasons" after working there for over a year with no prior warnings. I was really stressed about whether I'd qualify for benefits, but I applied anyway and got approved after about 3 weeks of adjudication. The key thing that helped me was being completely honest in my application about what my employer told me when they fired me. Don't try to spin it or make it sound better than it was - just state the facts. Washington ESD is pretty good at distinguishing between actual misconduct and employers just wanting to cut costs. Good luck with your application!

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