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Beatrice Marshall

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

So I got terminated last Friday after working at a tech company for 8 months. My manager said it was due to not meeting performance expectations, but honestly I feel like they never gave me proper training or clear goals. I'm wondering if I can still file for Washington ESD unemployment benefits? I've heard mixed things about whether getting fired disqualifies you automatically. Has anyone been in this situation before? I really need the income while I look for something new.

You can definitely apply! Getting fired for performance issues doesn't automatically disqualify you from UI benefits in Washington. The key distinction is between misconduct (which disqualifies you) and poor performance or inability to do the job (which usually doesn't). Performance issues are generally considered a mismatch between you and the position rather than willful misconduct. File your claim as soon as possible - there's a waiting period anyway.

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Thanks! That's reassuring. Should I be worried about what my employer might tell Washington ESD when they contact them?

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Just be honest about what happened. If it truly was performance-related and not willful misconduct, you should be fine. Washington ESD will investigate both sides.

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i got fired for performance last year and got approved for unemployment no problem. took like 3 weeks though because they had to do some kind of investigation thing

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Did they contact your old employer during that investigation?

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yeah they called both me and my boss. just told the truth about what happened and it worked out

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The Washington ESD will look at whether your termination was due to misconduct or just poor performance. Misconduct typically involves things like theft, harassment, insubordination, or willful violation of company policies. Simply not being good at your job or not meeting expectations usually isn't considered misconduct. Make sure to file your weekly claims even during the adjudication period - you can get backpay if approved.

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Good to know about filing weekly claims during adjudication. I wasn't sure about that part.

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Wait, you can get backpay? I thought if you didn't file weekly you just lost those weeks completely?

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If your claim gets approved after adjudication, you can receive payment for the weeks you filed during the waiting period. That's why it's important to keep filing even when your claim is pending.

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I had a similar situation and spent weeks trying to get through to Washington ESD to check on my adjudication status. The phone lines are absolutely terrible - kept getting hung up on after waiting for hours. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at Washington ESD in like 20 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Totally worth it when you're stressed about your claim status.

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How much does something like that cost? I'm already tight on money after losing my job.

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It was reasonable considering how much time and frustration it saved me. Way better than calling 200+ times and never getting through.

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Never heard of that but sounds interesting. The Washington ESD phone system is definitely broken.

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PERFORMANCE FIRING IS NOT THE SAME AS MISCONDUCT!!! I can't believe how many people think getting fired automatically disqualifies you. Washington state specifically protects workers who get terminated for performance reasons. The employer has to prove you did something willfully wrong, not just that you weren't good at the job. Fight for your benefits!

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Thanks for the emphasis! I was definitely worried they'd just deny me automatically.

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This is so true. I see people all the time who don't even apply because they think being fired means no unemployment. Not the case at all.

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Just make sure you have documentation about the performance issues if possible. Like emails about training requests, performance review copies, anything showing you were trying to improve. It helps if there's an adjudication hearing.

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I do have some emails where I asked for more training and clarification on expectations. Good thinking.

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Perfect! Keep all of that organized. Shows you were acting in good faith.

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Wait, there might be a hearing? That sounds scary.

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Only if the employer contests your claim. Most performance-based terminations don't lead to hearings, but it's good to be prepared.

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been there done that. got fired from retail job for being too slow apparently. filed for unemployment and got it no problem. washington esd was actually pretty reasonable about the whole thing

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How long did the whole process take for you?

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maybe 2-3 weeks? wasn't too bad compared to some of the horror stories you hear

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I'm confused about the difference between performance and misconduct. What if your boss says you were insubordinate because you questioned their feedback about your performance?

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Questioning feedback isn't automatically insubordination. It depends on how it was done and if it was repeated after being told to stop. Simply disagreeing with a performance review or asking for clarification isn't misconduct.

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That makes sense. I was worried about a situation at my last job where I pushed back on what I thought were unfair criticisms.

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Yeah, there's a big difference between respectful disagreement and actual insubordination. Context matters a lot.

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The adjudication process can be nerve-wracking but it's there to protect both employees and employers. Washington ESD takes a pretty balanced approach from what I've seen. They'll interview both parties and look at the facts.

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That's reassuring. I was worried it would be biased toward the employer.

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In my experience, they're pretty fair. Just be honest and provide any documentation you have.

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File ASAP because there's a one-week waiting period before benefits start anyway. Even if your claim goes into adjudication, you want to get that waiting week out of the way. And definitely keep filing your weekly claims during the process.

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Good point about the waiting week. I'll file today.

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Wait, is the waiting week still a thing? I thought they got rid of that during COVID.

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It came back after the pandemic programs ended. One week waiting period is back in effect for regular UI claims.

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Same boat here - got let go last month for not hitting sales targets. Washington ESD approved my claim after about 2 weeks of adjudication. The key was being able to show I was making good faith efforts to improve but the targets were unrealistic. Document everything!

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That's encouraging! Did your employer fight the claim at all?

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They provided their side of the story but didn't really contest it aggressively. I think they knew it was more about unrealistic expectations than misconduct.

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Pro tip: when you're going through adjudication and need to talk to Washington ESD, don't waste hours calling their main line. I used a service that got me through immediately - way less stressful than the usual phone nightmare. Really helped me get clarity on my claim status.

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Is that the Claimyr thing someone mentioned earlier?

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Yeah, exactly. Game changer for actually reaching a human being at Washington ESD when you need answers.

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The most important thing is to be completely honest in your application and any interviews. Don't try to spin the story or hide details. Washington ESD investigators can usually tell when someone's being evasive, and it hurts your credibility.

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Good advice. I'll just stick to the facts about what happened.

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Honesty is definitely the best policy with these claims. They've heard every story before.

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Make sure you understand the job search requirements too. Once your claim is approved, you'll need to log job search activities. Don't wait until the last minute to figure that part out.

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How many job search activities do you need per week?

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It's typically 3 job search activities per week, but check your specific requirements when you file. They'll tell you exactly what you need to do.

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And make sure you're using WorkSourceWA to log those activities. The system is integrated with Washington ESD now.

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I went through something similar and my biggest mistake was not appealing fast enough when I initially got denied. Don't panic if you get a denial letter - you have 30 days to appeal and many performance-based denials get overturned on appeal.

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That's good to know. I hope it doesn't come to that but I'll keep the 30-day deadline in mind.

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Yeah, don't give up after the first decision. The appeal process exists for a reason.

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Quick question - does it matter what industry you're in? I've heard tech companies sometimes fight unemployment claims more aggressively than other industries.

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The industry doesn't change the legal standards. Some companies are more likely to contest claims, but Washington ESD applies the same misconduct vs. performance analysis regardless of whether it's tech, retail, manufacturing, etc.

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That makes sense. Thanks for clarifying!

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Xan Dae

Bottom line: performance termination ≠ misconduct in Washington state. File your claim and let Washington ESD sort it out. Worst case scenario, you get denied and can appeal. Best case, you get approved and have income while job searching. Nothing to lose by trying.

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You're right, nothing to lose. Thanks everyone for all the helpful advice! Going to file my claim this afternoon.

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Good luck! Hope it goes smoothly for you.

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For what it's worth, I've seen way more performance-based claims get approved than denied. Washington state seems to err on the side of supporting workers who genuinely tried to do their job but it just wasn't a good fit.

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That's really encouraging to hear. I definitely tried my best at that job, it just wasn't the right match.

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Exactly! That's the kind of situation unemployment insurance is designed for.

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One last tip: if you do end up needing to talk to Washington ESD during the process and can't get through on the phone, that Claimyr service people mentioned earlier actually works. I was skeptical at first but it saved me so much time and stress when I needed to clarify something about my adjudication.

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I'll keep that in mind if I run into phone issues. Thanks for the recommendation!

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Yeah, their phone system is notoriously difficult. Any tool that helps get through is worth considering.

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