Washington ESD unemployment eligibility after firing employee - employer concerns
I had to terminate one of my employees last week for consistently showing up late and missing deadlines. They've been with the company for about 8 months. Now I'm wondering if they'll be able to collect unemployment benefits through Washington ESD and if this will affect my business's unemployment tax rate. I documented everything but I'm not sure what Washington ESD considers grounds for disqualification. Has anyone dealt with this situation before?
42 comments


Mia Rodriguez
In Washington, being fired doesn't automatically disqualify someone from unemployment benefits. Washington ESD looks at whether the termination was for 'misconduct' which has a specific legal definition. Being late and missing deadlines could qualify as misconduct if it was willful and substantial, but Washington ESD will investigate and make that determination.
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Mason Davis
•So even though I fired them, they might still get benefits? That seems backwards to me.
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Mia Rodriguez
•Yes, unless Washington ESD determines it was misconduct. The burden is on the employer to prove misconduct occurred. Your documentation will be important if they contest any disqualification.
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Jacob Lewis
I went through this exact situation 6 months ago. Washington ESD sent me a form asking for details about why I terminated the employee. I had to provide specific dates, warnings given, company policy violations, etc. The whole process took about 3 weeks for them to make a decision.
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Mason Davis
•Did the employee end up getting benefits? And did it impact your unemployment tax rate?
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Jacob Lewis
•They were initially approved but then disqualified after Washington ESD reviewed my documentation. My tax rate wasn't affected since they didn't actually collect benefits.
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Amelia Martinez
You mentioned documenting everything - that's key. Washington ESD wants to see progressive discipline, written warnings, clear policy violations. If you just fired them without proper documentation or warnings, they'll likely approve the claim.
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Mason Davis
•I have three written warnings and attendance records showing the pattern. Hopefully that's enough.
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Ethan Clark
•That sounds pretty solid. Washington ESD typically looks for a pattern of misconduct, not just isolated incidents.
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Mila Walker
If you're having trouble getting through to Washington ESD to discuss your case, you might want to check out Claimyr at claimyr.com. They help people navigate the unemployment system and can actually get you connected to agents when the phone lines are swamped. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Mason Davis
•Thanks, I'll look into that. I tried calling Washington ESD yesterday and was on hold for 2 hours before giving up.
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Logan Scott
•I used Claimyr when I had issues with my own claim. It really does work - got through to an agent in like 15 minutes instead of waiting hours.
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Chloe Green
Wait, so if I fire someone for stealing they can still get unemployment?? This system is broken...
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Mia Rodriguez
•Stealing would definitely be misconduct and grounds for disqualification. But tardiness and missed deadlines are more of a gray area that Washington ESD has to evaluate case by case.
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Chloe Green
•Ok that makes more sense. I thought ANY firing meant no benefits.
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Lucas Adams
I'm dealing with this right now from the employee side. Got fired last month for 'performance issues' and filed for unemployment. Washington ESD is doing an adjudication to determine if I was fired for misconduct. It's been 3 weeks and still waiting for a decision.
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Mason Davis
•Did your employer provide documentation to Washington ESD about your performance issues?
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Lucas Adams
•I assume so. They scheduled a phone interview with me to get my side of the story. Supposed to hear back this week.
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Harper Hill
From what I understand, Washington ESD defines misconduct pretty narrowly. It has to be willful violation of company policy or deliberate disregard of employer interests. Simple poor performance usually doesn't qualify as misconduct.
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Mason Davis
•So if someone is just bad at their job, they can still get unemployment benefits even if I fire them?
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Harper Hill
•Generally yes, unless you can prove they were deliberately performing poorly or violating specific policies they knew about.
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Caden Nguyen
The unemployment tax impact depends on whether benefits are actually paid out. If Washington ESD disqualifies them for misconduct, it shouldn't affect your Experience Rating Account. But if they get benefits, it could impact your rate at renewal time.
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Mason Davis
•How much could my rate increase? We're a small business so every dollar matters.
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Caden Nguyen
•It varies based on your claims history and industry. Could be anywhere from a few hundred to a few thousand annually depending on your payroll size.
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Avery Flores
Make sure you respond promptly to any requests from Washington ESD. They usually give you 10 days to provide information. If you miss the deadline, they'll make a decision based on whatever information they have.
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Mason Davis
•Good to know. I haven't received anything yet but I'll watch for it.
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Zoe Gonzalez
•Yeah they sent me a form called 'Request for Information' or something like that. Had to fill out specific details about the termination.
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Ashley Adams
this is why i hate being an employer... fire someone for legitimate reasons and they still might get paid by the state while looking for a new job. meanwhile my taxes go up
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Mia Rodriguez
•The system is designed to provide a safety net for workers while still protecting employers from fraudulent claims. It's not perfect but there are protections in place.
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Alexis Robinson
•I get the frustration but unemployment benefits serve an important purpose in the economy. Most people don't want to be out of work.
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Aaron Lee
If the employee contests a disqualification, be prepared for a hearing. I had to do a phone hearing with an Administrative Law Judge last year. Having all your documentation organized made a huge difference.
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Mason Davis
•How long did the hearing process take? And did you need a lawyer?
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Aaron Lee
•The hearing was scheduled about 6 weeks out. I didn't use a lawyer but prepared thoroughly with all my documentation. Won the case.
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Chloe Mitchell
One thing to consider - even if they get benefits initially, you can still appeal the decision if you disagree with Washington ESD's determination. The appeals process exists for both employers and employees.
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Mason Davis
•Good point. I'll definitely appeal if I think they made the wrong call based on my documentation.
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Michael Adams
•Just remember there are strict deadlines for appeals - usually 30 days from the date of the determination.
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Natalie Wang
I used Claimyr when I needed to talk to Washington ESD about a claim issue from the employer side. Way better than trying to get through their regular phone system. The agents they connect you to are the same ones you'd reach calling directly, just without the 3-hour wait times.
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Mason Davis
•That's the second recommendation for Claimyr. Might be worth trying if I need to follow up on this case.
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Noah Torres
•Yeah I was skeptical at first but it really works. Saved me so much time and frustration dealing with Washington ESD.
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Samantha Hall
Bottom line - being fired doesn't automatically disqualify someone from unemployment in Washington. It depends on the specific circumstances and whether Washington ESD determines it was misconduct. Your documentation will be crucial if they investigate.
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Mason Davis
•Thanks everyone for the insights. Sounds like I need to wait and see if Washington ESD contacts me, then provide my documentation if they do.
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Ryan Young
•Exactly. And don't stress too much - if you have good documentation showing a pattern of policy violations, Washington ESD will likely side with you.
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