Washington ESD unemployment eligibility after firing employee - employer concerns

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.

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.

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.

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.

Wait, so if I fire someone for stealing they can still get unemployment?? This system is broken...

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.

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.

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.

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.

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

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.

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.

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.

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.