Washington ESD unemployment eligibility after being fired for poor performance - need advice

Performance issues are different from misconduct in Washington ESD's eyes. You should definitely file for unemployment. Poor performance usually doesn't disqualify you unless it was willful negligence or deliberate.

That's what I was hoping to hear. So even though they said I wasn't meeting standards, that's not considered misconduct?

Exactly. Misconduct requires intentional wrongdoing. Struggling to meet unrealistic quotas isn't the same thing.

I was fired for similar reasons from my call center job last year. Washington ESD approved my claim after about 2 weeks. The key is that you weren't doing anything wrong on purpose, you just couldn't keep up with their expectations.

Did your employer try to contest your claim? I'm worried they might fight it.

They did contest it initially but Washington ESD sided with me. Performance issues rarely hold up as misconduct.

Same thing happened to me at Amazon. They contest everything but usually lose on performance cases.

File immediately - don't wait. Washington ESD will investigate and make the determination. In Washington, you're generally eligible unless you were fired for willful misconduct. Poor performance, especially if you were trying your best, typically doesn't qualify as misconduct.

I'll file today then. Should I mention in my application that I was trying my best but just couldn't meet their standards?

Be honest but brief. Focus on the fact that you were terminated for performance, not misconduct. Washington ESD will get the employer's side too.

Ugh the whole process of reaching Washington ESD is such a nightmare though. I've been trying to get through to talk to someone about my claim for weeks. The phone system just hangs up on you after being on hold forever.

I found this service called Claimyr that actually got me through to a Washington ESD agent in like 20 minutes. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me so much frustration.

Never heard of that but anything beats sitting on hold for hours. How does it work exactly?

They basically handle the calling and waiting for you, then connect you when an agent picks up. Super simple to use.

Performance terminations are tricky. Some employers will try to make it sound like misconduct when they report to Washington ESD. Make sure you have any documentation that shows you were trying to improve.

I don't have much documentation unfortunately. Just my employee handbook and the termination letter they gave me.

That termination letter might actually help you if it specifically mentions performance rather than policy violations or misconduct.

warehouse jobs are brutal with their quotas these days. I got fired from UPS for similar reasons and had no problem getting unemployment. Washington ESD knows these companies set impossible standards sometimes

Yeah the pick rate they wanted was insane. Like 150 items per hour consistently. I could hit it sometimes but not all day every day.

Exactly! That's not sustainable for most people. You should be fine with your UI claim.

150 per hour? That's crazy. No wonder you couldn't keep up consistently.

Just remember when you file your weekly claims to report any job search activities. Washington ESD requires you to be actively looking for work. Keep a log of where you apply.

Good point. How many jobs am I supposed to apply to each week?

It varies but usually 3 job search activities per week. Can be applications, interviews, networking events, etc.

The employer will probably get a notice from Washington ESD asking about the termination. They might try to claim it was misconduct to avoid paying into the unemployment fund. Don't let that scare you - stick to your story.

What happens if they do claim it was misconduct? Will I have to prove it wasn't?

Washington ESD will review both sides and make a determination. If they deny you, you can appeal. But performance issues rarely count as misconduct.

The burden is on the employer to prove misconduct, not on you to prove innocence. That's important to remember.

I'm dealing with something similar right now. Got let go from my retail job for 'not meeting sales goals' even though I was friendly and helpful with customers. Filed for unemployment 3 weeks ago and still waiting to hear back.

3 weeks and no decision yet? That seems like a long time.

Yeah, apparently my claim is in adjudication. Whatever that means. I keep trying to call Washington ESD to check on it but can never get through.

That's exactly when Claimyr helped me. I was stuck in adjudication limbo too and needed to actually talk to someone to get it moving.

File online at esd.wa.gov if you haven't already. The sooner you file, the sooner your benefit year starts. Even if there's a dispute, you want that date locked in.

Yeah I'm planning to file tonight after work. Do I need any specific documents ready?

Your SSN, employment history for the last 18 months, and your employer's info. The system will walk you through it.

Don't overthink it too much. Performance terminations are pretty common and Washington ESD deals with them all the time. As long as you weren't stealing or breaking rules on purpose, you should be fine.

Thanks, that makes me feel better. I was really worried I wouldn't qualify for anything.

Nah, you'll be okay. Just file ASAP and start looking for new work. The benefits will help bridge the gap.

PERFORMANCE ISSUES ARE NOT MISCONDUCT! I can't stress this enough. I see too many people not file because they think getting fired automatically disqualifies them. That's not how it works in Washington.

Yeah I almost didn't file because I thought being terminated meant I couldn't get benefits. Glad I found this thread.

Exactly! Misconduct has a very specific definition. Performance issues don't qualify unless you were deliberately sabotaging things.

just went through this myself last month. got fired from my cleaning job for being 'too slow' even though I was thorough. washington esd approved my claim in like 10 days. employer didn't even contest it

That's encouraging! Maybe I'm worrying for nothing. Did you have to do anything special during the application process?

nope just answered the questions honestly. said i was terminated for performance reasons and that was it

One thing to watch out for - if your employer tries to claim you were 'insubordinate' or 'refused to follow directions' instead of just slow, that could be seen as misconduct. Make sure you're clear about what actually happened.

My termination letter just says 'failure to meet productivity standards' so I think I'm good there.

Perfect. That's clearly performance-related, not misconduct. You should have no problems.

The whole system is so stressful. I got denied initially because my employer lied about why they fired me, but I appealed and won. Don't give up if they deny you at first - sometimes employers make things up.

What did they lie about? And how did you prove they were lying?

They claimed I was sleeping on the job which was completely false. I had my coworkers write statements for my appeal hearing. Washington ESD sided with me.

Companies do this all the time to avoid paying unemployment taxes. It's disgusting but common.

Quick question - do you get unemployment right away or is there a waiting period? I might be in a similar situation soon and need to know what to expect financially.

There's usually a one-week waiting period before benefits start, but it depends on when you file and if there are any issues with your claim.

Good to know. And how much do you typically get per week?

It's based on your earnings in your base period. You can use the calculator on the Washington ESD website to estimate.

I'm a former Washington ESD employee and can confirm that performance terminations are generally not considered misconduct. The bar for misconduct is pretty high - it has to be willful violation of company policy or criminal behavior.

That's really reassuring coming from someone who worked there. So not hitting quotas wouldn't qualify as willful violation?

Correct. Struggling to meet performance standards is not willful misconduct. It would have to be something like deliberately working slowly or refusing to try.

This is really helpful info. Thanks for sharing your insider knowledge!

File tonight and don't stress about it. Washington state is generally pretty worker-friendly when it comes to unemployment. Performance issues are super common and they know the difference between someone who's struggling vs someone who's causing problems on purpose.

Alright, you've all convinced me. I'm filing as soon as I get home. Thanks everyone for the advice and support!

Good luck! You'll be fine. Just remember to file your weekly claims on time once you're approved.

And start that job search log right away. Washington ESD takes the work search requirement seriously.

The key thing is being honest on your application. Don't try to sugarcoat why you were fired - just explain it was performance-related and not misconduct. Washington ESD appreciates honesty and can usually tell when people are trying to hide something.

Yeah I'll be completely upfront about everything. No point in trying to make it sound different than it was.

Exactly. The truth will come out anyway when they contact your employer, so just be straightforward from the start.