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Daniel Rogers

Washington ESD unemployment eligibility after being fired - what qualifies?

I'm in a really tough spot at my job and honestly wondering if getting fired might be better than quitting since I heard you can't get unemployment if you quit. But I don't want to do anything that would disqualify me from Washington ESD benefits either. What actually qualifies as misconduct that would prevent you from getting UI? I've been at this company for 2 years and the work environment has become toxic but I can't afford to just walk away without income.

You need to be very careful here. Washington ESD will investigate why you were terminated and if it's for misconduct connected to your work, you'll be disqualified from receiving benefits. Misconduct includes things like willful violation of company policies, insubordination, dishonesty, or poor performance after warnings.

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What counts as willful violation though? Like if I just started showing up late or calling in sick more often?

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Excessive tardiness or absenteeism after being warned could definitely be considered misconduct. Washington ESD looks at whether your actions were deliberate and connected to work.

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Actually, you might want to look into constructive dismissal instead. If your work environment is truly toxic and you can document it, you might be able to quit and still get unemployment benefits. Washington ESD recognizes 'good cause' for leaving a job in certain situations.

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Really? What kind of documentation would I need for that?

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Things like harassment complaints, unsafe working conditions, significant changes to your job duties or pay, discrimination, etc. Keep records of everything.

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I went through this last year and tried calling Washington ESD multiple times to get clarification on my situation but could never get through. The phone system is absolutely terrible - I'd get disconnected after waiting for hours. Finally found this service called Claimyr (claimyr.com) that actually got me connected to an agent who explained my options. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does something like that cost? I'm already broke.

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It was worth it for me because I needed to understand my eligibility before making any decisions about my job. The peace of mind alone was valuable.

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Don't try to game the system! If you deliberately get yourself fired just to collect unemployment, that's fraud. Washington ESD investigators aren't stupid - they'll see right through obvious attempts to manipulate your termination.

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I'm not trying to commit fraud, I'm just trying to understand my options in a bad situation.

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Actually, the OP is asking a legitimate question about understanding eligibility requirements. That's not fraud.

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Been there. My advice is document EVERYTHING at your current job. Emails, incidents, policy violations by management, safety issues, anything that shows the work environment is problematic. If you end up needing to file for unemployment, this documentation could be crucial.

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Should I be documenting things outside of work email since they can monitor that?

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Yes, keep personal records at home. Date everything, take photos if relevant, save any personal texts or emails to your personal account.

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why dont you just talk to HR first? maybe they can transfer you to another department or something

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HR is part of the problem unfortunately. They've been protecting the manager who's creating the toxic environment.

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oh that sucks then yeah youre kinda stuck

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Let me clarify the misconduct standards Washington ESD uses. They look at whether your actions were: 1) Connected to work, 2) Willful or deliberate, 3) A breach of duty owed to the employer. Simple poor performance usually doesn't qualify as misconduct unless you were ignoring clear instructions or training.

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What about if you just stopped trying as hard? Like doing the bare minimum?

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That's a gray area. If you're meeting basic job requirements, it's harder for them to prove misconduct. But if you're obviously sandbagging after warnings, that could be different.

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I was in a similar situation two years ago and ended up getting laid off during a 'restructuring' that was obviously targeted at problem employees like me. Got full unemployment benefits because technically it was a layoff, not a firing for cause.

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How did you handle the job search requirements while looking for something better?

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You have to do 3 job search activities per week and keep a log. It's not too bad if you're actually looking for work.

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The Washington ESD adjudication process can take WEEKS if there's any question about your separation. I'd suggest trying to work things out with your employer first or finding another job before making any drastic moves.

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I've been job hunting but nothing's panned out yet. The market is tough right now.

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Same here, been looking for 4 months and barely getting any interviews.

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Whatever you do, don't quit without exploring all your options first. Even if you think you have good cause, Washington ESD might not agree and you'll be left with nothing. At least if you get fired for non-misconduct reasons, you have a better shot at benefits.

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That's what I'm worried about. I can't risk being without income completely.

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Exactly. Better to know your rights and options before making any moves.

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I used Claimyr last month when I needed to speak with someone at Washington ESD about my adjudication status. Honestly couldn't believe how fast they got me through compared to calling myself. The agents were really helpful in explaining what documentation I needed for my appeal.

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Did they help with the actual appeal process or just getting you connected?

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Just getting connected, but the Washington ESD agent I spoke with walked me through everything I needed to know.

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The whole system is broken honestly. You shouldn't have to strategize about getting fired just to survive. But the reality is unemployment benefits are sometimes the only safety net people have.

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This is why we need better worker protections and job security in this country.

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Yeah but we're dealing with the system as it exists now, not how it should be.

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One thing to consider is that even if you qualify for unemployment, it's only a percentage of your previous wages and there's a waiting period. Make sure you have some savings if possible.

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What's the current maximum weekly benefit amount in Washington?

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I think it's around $1000-1100 per week maximum, but most people get much less than that.

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Have you considered filing complaints with L&I or other agencies about the toxic work environment? Sometimes that can provide protection if you end up getting fired in retaliation.

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I hadn't thought about that. What kind of complaints would be relevant?

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Depends on what's happening - safety violations, discrimination, harassment, wage theft, etc. Each has different agencies that handle complaints.

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Bottom line: Washington ESD will investigate any firing, and they're pretty good at spotting when someone tried to manipulate their termination. Focus on documenting legitimate workplace issues instead of trying to engineer your own firing.

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Thanks, that's really helpful perspective. I think I need to focus more on the documentation side.

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Smart approach. Having good documentation helps whether you end up fired, laid off, or need to quit for good cause.

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Another option might be to request a voluntary layoff if your company ever does downsizing. Some employers will work with you if they know you want to leave anyway.

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That's actually a good idea. We've had some budget discussions lately so there might be opportunities.

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Just make sure to get any agreement in writing so there's no confusion about the reason for separation.

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I know someone who used Claimyr when they were trying to figure out if their termination would affect their benefits. The Washington ESD agent explained that even some firings don't disqualify you if the employer can't prove misconduct. Really depends on the specific circumstances.

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That's encouraging. I guess each case really is individual.

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Yeah, that's why talking to an actual agent can be so valuable rather than just guessing based on online info.

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Whatever you decide, make sure you file your claim right away if you do end up separated from employment. There's a one-week waiting period and you want to get that clock started as soon as possible.

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Good point. I'll keep that in mind if things don't improve at work.

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And remember you have to be able and available for work, so don't take any vacations right after filing.

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This whole thread is really eye-opening. I had no idea the unemployment system was so complicated when it comes to different types of job separation.

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Right? Makes you realize how important it is to understand your rights before you're actually in a crisis situation.

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Exactly why I'm trying to research this stuff now while I still have time to plan.

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Hope things work out for you OP. Toxic work environments are the worst and it's frustrating that the system makes it so hard to just leave a bad situation without financial consequences.

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Thanks for all the advice everyone. This has been really helpful in thinking through my options.

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