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Tasia Synder

Washington ESD unemployment eligibility after being fired - can you still collect?

Got terminated from my warehouse job last week for attendance issues (called in sick too many times according to them). My supervisor said I wouldn't be eligible for unemployment benefits since I was fired. Is this true? I thought you could still get Washington ESD benefits even if you were let go, but now I'm second-guessing myself. Has anyone been in this situation before? Should I even bother applying or will Washington ESD just deny my claim automatically?

You can absolutely still apply for unemployment benefits even if you were fired! Washington ESD doesn't automatically disqualify you just because you were terminated. The key question is whether you were fired for 'misconduct' or not. Attendance issues can be tricky - it depends on the specific circumstances and whether your employer can prove willful misconduct.

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That's a relief to hear. The attendance thing was mostly because I had the flu twice and my kid was sick. Does that make a difference?

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Yes, legitimate illness absences are generally not considered misconduct. Make sure you have documentation if possible - doctor's notes, etc.

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definitely apply anyway, worst case they say no but you might get approved. i got fired for being late too much but still got my benefits cause they couldn't prove i was doing it on purpose

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How long did it take for them to make a decision on your claim?

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took like 3 weeks cause they had to do that adjudication thing where they contact your employer

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The Washington ESD will investigate any firing through their adjudication process. They'll look at whether your actions constituted 'misconduct connected with work' under RCW 50.20.066. Simple poor performance or isolated incidents usually don't qualify as misconduct. However, chronic absenteeism can sometimes be considered misconduct if it shows a willful disregard for your employer's interests.

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This is really helpful info. Where can I find more details about what counts as misconduct?

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Check the Washington ESD handbook or call them directly. The definitions are pretty specific and fact-dependent.

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I had a similar situation and couldn't get through to Washington ESD for weeks to check on my claim status. Kept getting busy signals or getting hung up on after waiting forever. Finally found this service called Claimyr that helped me get through to an actual agent. They have a website at claimyr.com and there's a video demo showing how it works at https://youtu.be/7DieNd3C7zQ. Made the whole process so much easier than trying to call myself.

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Never heard of that before. Is it legit? I'm worried about scams.

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Yeah it's real, they just help you get through the phone system. Saved me tons of time and frustration.

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sounds too good to be true but whatever works i guess

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APPLY IMMEDIATELY! Don't let your employer scare you out of filing. Half these companies lie about unemployment eligibility to avoid having their rates go up. I've seen people get benefits even after being fired for way worse stuff than attendance. The Washington ESD makes the final decision, not your employer.

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You're right, I shouldn't just take their word for it. Filing my claim tonight.

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good for you! employers try to intimidate people all the time about this stuff

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When you file your initial claim, be completely honest about the circumstances of your termination. Don't try to hide anything because Washington ESD will contact your employer anyway. If you were fired for attendance, explain the underlying reasons - illness, family emergency, etc. The more documentation you have, the better.

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Should I mention that I asked for time off in advance for some of those days but got denied?

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Absolutely! That shows you tried to follow proper procedures. Keep any emails or texts about those requests.

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honestly the whole system is messed up, they make you jump through hoops for benefits you paid into anyway. but yeah you should still apply cause sometimes they surprise you

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The whole thing is pretty stressful, that's for sure.

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at least washington is better than some states, my cousin in florida had to wait months

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One important thing to remember - even if your initial claim gets denied, you have the right to appeal the decision. Appeals often overturn initial denials, especially in cases where the circumstances around the termination are questionable. The appeal process gives you a chance to present your side more fully.

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How long do you have to file an appeal if they deny you?

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You have 30 days from the date of the determination letter to file your appeal with Washington ESD.

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appeals are definitely worth it, won mine after initial denial

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Make sure you start filing your weekly claims right away even while your case is under adjudication. If you get approved later, you can get back pay for those weeks. But if you don't file the weekly claims, you lose those weeks forever.

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Wait, I have to file weekly claims even before I know if I'm approved?

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Yes! File every week starting the week you became unemployed. It's called 'filing for the waiting week' and it protects your claim.

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been there done that, got fired for tardiness but still got my UI benefits cause i had good reasons (bus routes changed, couldn't afford car repairs). just be honest and have backup for your story

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That gives me hope. Thanks for sharing your experience.

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same thing happened to my neighbor, transportation issues are usually considered legitimate

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Update on that Claimyr thing I mentioned earlier - just used it again yesterday to check on a different issue and got through to a Washington ESD rep in like 10 minutes. Normally I'd be calling for hours. Really made the difference when I needed to clarify something about my job search requirements.

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ok that actually sounds pretty useful, might try it if i cant get through myself

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I bookmarked their site just in case I need it during my adjudication process.

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Also remember that Washington ESD looks at the entire employment relationship, not just the final incident. If you were a good employee for years and then had some attendance issues due to legitimate circumstances, that weighs in your favor during adjudication.

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I was there for almost 2 years with no major issues until this year when my health problems started.

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That's exactly the kind of context that helps your case. Make sure to mention your good employment history when you file.

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whatever you do dont listen to your employer about whether you can get benefits or not. theyre not experts on unemployment law and they have their own interests. let washington esd decide

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You're absolutely right. I should have known better than to just accept what they told me.

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Quick question - when they do the adjudication investigation, do they always call your employer? I'm worried about burning bridges even more than they already are.

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Yes, Washington ESD typically contacts the employer as part of their fact-finding process. They need both sides of the story to make a fair determination.

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That's what I figured. Thanks for confirming.

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Don't stress too much about the employer contact thing. It's just business - they expect Washington ESD to call about unemployment claims. Most HR departments deal with this stuff routinely.

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That makes me feel better about it. I was worried they'd be upset about the claim.

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nah its just paperwork to them, they deal with unemployment claims all the time

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One more tip - if you had any warnings or disciplinary actions before being fired, gather copies of those documents if you can. Sometimes they help show that the final termination wasn't for misconduct but rather performance issues or misunderstandings.

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I never got any written warnings, just verbal ones. Does that help my case?

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Actually yes, the lack of progressive discipline can work in your favor. Shows they didn't give you proper opportunity to correct the issue.

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Filed my claim online last night after reading all these comments. The process was pretty straightforward, just took about 20 minutes. Now I guess I wait for them to do their investigation. Thanks everyone for the encouragement to apply despite what my employer said!

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Good for you! Remember to file your weekly claims while you wait for the adjudication decision.

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And if you need to talk to someone at Washington ESD during the process, that Claimyr service I mentioned really does work great.

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Will do! Feeling much more confident about this whole situation now.

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Hope it works out for you! The adjudication process can take a few weeks but don't let that discourage you. Washington ESD is pretty fair about these things when you have legitimate circumstances.

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Thanks! I'll try to be patient with the process.

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patience is key with unemployment stuff, everything takes longer than you want it to

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Just want to echo what others said about being completely honest in your claim. Washington ESD can usually tell when someone is trying to hide details, and it never helps your case. Truth is always the best policy with unemployment claims.

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Definitely planning to be upfront about everything. Thanks for the reminder.

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Good luck with your claim! Sounds like you have a decent chance based on what you've described. Keep us posted on how it goes - these threads help other people in similar situations.

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Will definitely update once I hear back from Washington ESD. This thread has been incredibly helpful!

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