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Ava Martinez

Washington ESD unemployment eligibility after getting fired - what qualifies?

Just got terminated from my job yesterday and trying to figure out if I can collect unemployment benefits in Washington. I worked there for 2 years but they fired me for what they called 'performance issues' - basically said I wasn't meeting productivity standards. I wasn't written up or anything, just called into HR and let go. Does Washington ESD approve claims when you get fired like this? I've never filed for unemployment before and don't know what to expect.

Generally yes, you can get unemployment when fired unless it's for 'misconduct.' Performance issues usually don't count as misconduct under Washington ESD rules. The key is whether you were fired for something you did wrong intentionally or if you just couldn't do the job well enough.

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That's reassuring. They never said I did anything wrong on purpose, just that my numbers weren't where they wanted them.

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Yeah performance stuff is different than like stealing or being late all the time. You should be fine.

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Washington ESD distinguishes between 'discharge for misconduct' and 'discharge for non-misconduct reasons.' Poor performance, inability to do the job, or not being a good fit typically qualify you for benefits. However, your employer might contest the claim, which could trigger an adjudication process.

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What happens during adjudication? How long does that take?

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Adjudication is when Washington ESD investigates the circumstances of your separation. They'll contact both you and your employer for details. Can take 2-6 weeks depending on their workload.

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I had the same situation last year - fired for not hitting sales targets. Washington ESD approved my claim but it took forever because my old company fought it. Ended up having to do a phone interview with an adjudicator who asked about my work history and why I got fired.

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Did you have to provide any documentation or just explain what happened?

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Just had to explain my side of the story. They already had whatever my employer submitted. The adjudicator seemed fair and understood that missing targets isn't the same as misconduct.

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File your claim ASAP even if you think they might contest it. Benefits are backdated to when you first file, not when it gets approved. And honestly, if you're having trouble getting through to Washington ESD to check on your claim status, I used Claimyr recently and it was a game changer. They got me connected to an actual person in like 10 minutes instead of sitting on hold for hours.

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What's Claimyr? Is that some kind of service?

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Yeah, it's claimyr.com - they help you get through to Washington ESD phone lines. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Super helpful when you need to actually talk to someone.

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the whole system is bs anyway. they make it so hard to get benefits even when you deserve them. my brother got fired for attendance and still got approved so you should be fine

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Attendance issues can actually be tricky - depends if it was due to circumstances beyond his control or just choosing not to show up.

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he had car problems but whatever, he still got his money

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Make sure you keep records of everything from your firing - any emails, write-ups, performance reviews. If they do contest it you'll want that stuff for the adjudication.

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Good point. I don't have much but I did save the termination paperwork they gave me.

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That's perfect. Shows it was performance-related not misconduct.

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One thing to watch out for - some employers will claim you were fired for misconduct even when it was really performance. They do this to try to avoid their unemployment taxes going up. Don't let that intimidate you from filing.

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Ugh, that's so frustrating. Why would they lie about that?

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It's about money. When former employees collect unemployment, it affects the employer's tax rate. Some companies will contest legitimate claims to try to keep their costs down.

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honestly just file and see what happens. worst case they deny it and you appeal. i got denied first time for some bs reason but won my appeal hearing.

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How hard is the appeal process?

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not bad, just had to do a phone hearing and explain what really happened. the judge seemed to get it

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For Washington ESD eligibility, they look at whether you were separated through no fault of your own. Performance issues typically qualify unless there's evidence you were deliberately underperforming or ignoring direct instructions.

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That makes sense. I was definitely trying my best, just couldn't keep up with their expectations.

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Exactly - that's involuntary separation due to inability to perform, not misconduct. Should qualify you for benefits.

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similar thing happened to my coworker. company said performance but really they were just downsizing and didn't want to call it layoffs. she got benefits no problem.

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That's interesting. Makes me wonder if that's what happened to me too.

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yeah companies do that sometimes to avoid paying severance or whatever

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When I was dealing with my contested claim, I kept trying to call Washington ESD to get updates but could never get through. Someone on here recommended Claimyr and it was worth every penny. Finally got to talk to someone who could explain what was happening with my case.

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How much does something like that cost?

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I don't remember exactly but it wasn't expensive, especially compared to the stress of not knowing what was going on with my claim. Way better than spending hours on hold.

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Remember you'll need to meet the weekly job search requirements once you start collecting. Washington ESD requires 3 job search activities per week and you have to keep a log of what you did.

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Good to know. Is there a specific format for the job search log?

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You can use their online system or keep your own records. Just need to track what you did, when, and who you contacted.

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File online at esd.wa.gov if you haven't already. The sooner you file the sooner your waiting week starts. Even if they investigate it you want to get the process started.

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Already working on the application. Hopefully it goes smoothly.

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Good luck! Most performance-related firings get approved eventually.

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Just be honest on your application about what happened. Don't try to sugarcoat it or make it sound better than it was. Washington ESD will find out the truth anyway when they contact your employer.

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Yeah I'm planning to be completely straightforward about everything.

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That's the right approach. Inconsistencies between your version and your employer's version will just create more delays.

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ugh this whole thread is making me anxious about my own situation. got fired last week for similar stuff and haven't filed yet because i'm scared they'll deny me.

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Don't wait! File now. The worst they can do is deny it and then you can appeal. But you lose money every week you wait to file.

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ok ok you're right. going to do it tonight.

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Update on my Claimyr experience - used them again this week to check on a separate issue and got through immediately. If anyone's struggling to reach Washington ESD by phone, seriously check out their website. Makes dealing with the bureaucracy so much easier.

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I'm skeptical of paying for something like that but if it actually works...

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I was skeptical too but after wasting entire days trying to get through on my own, it was totally worth it. Sometimes you just need to talk to a human.

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The key thing is documenting everything. Keep emails, write down dates and times of conversations, save any paperwork. If it goes to adjudication you want to have all your facts straight.

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Thanks for the reminder. I've been keeping everything organized just in case.

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Smart. Most people don't think about documentation until they need it and then it's too late.

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been through this process twice now and it's never as bad as you think it's going to be. washington esd is actually pretty fair about performance-related firings in my experience.

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That's reassuring to hear from someone who's been through it multiple times.

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yeah just be patient if they have to investigate. the waiting is the worst part but it usually works out.

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Final thought - make sure you understand the difference between being able and available for work versus actively seeking work. You need to meet both requirements to continue receiving benefits once approved.

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What's the difference between those two things?

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Able and available means you're physically and mentally capable of working and don't have restrictions preventing you from accepting a job. Actively seeking means you're actually looking for work and applying to jobs.

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good luck with your claim! sounds like you have a solid case based on what you've described. performance issues are way different than misconduct.

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Thanks everyone for all the advice and encouragement. Feeling much better about filing now.

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Keep us posted on how it goes! Always good to hear success stories for others going through the same thing.

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