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Omar Fawaz

Washington ESD unemployment if fired - can you still get benefits?

Got terminated from my retail job last week and I'm confused about whether I can even apply for unemployment benefits through Washington ESD. My manager said I was let go for "performance issues" but honestly I think it was because I couldn't work the crazy overtime they kept demanding. Can you still get unemployment if you were fired? I've never had to deal with this before and I'm stressed about paying rent next month.

Yes, you can potentially get unemployment benefits even if you were fired. Washington ESD looks at whether you were terminated for "misconduct" or not. Performance issues usually don't qualify as misconduct unless it was willful or deliberate. You should definitely apply and let them make the determination.

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That's a relief to hear. What counts as misconduct exactly? I was never written up or anything like that.

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Misconduct usually involves things like theft, violating safety rules, insubordination, or willfully refusing to do your job. Poor performance alone typically doesn't count as misconduct.

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I went through this exact situation 6 months ago. Got fired for "not meeting expectations" but Washington ESD approved my claim after reviewing everything. The key is being honest about what happened when you file your application.

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How long did it take for them to decide? I'm worried about the waiting period.

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Took about 3 weeks for them to make a decision. They called both me and my former employer to get both sides of the story.

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Just be prepared that your claim might go into adjudication if your employer contests it. That's when Washington ESD investigates the circumstances of your termination. I've been trying to reach them for weeks about my adjudication status and can never get through on the phone.

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Have you tried using Claimyr? I found out about it from someone here and it actually got me through to a Washington ESD agent. They have a demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than spending hours trying to call.

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Never heard of that but I'll check it out. Anything is better than listening to that busy signal all day.

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the whole system is rigged anyway. they'll find any excuse to deny your claim especially if you got fired. good luck getting through to anyone at Washington ESD to actually talk about your case

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That's not really true. Washington ESD has specific guidelines they have to follow. If you were fired without misconduct, you should be eligible for benefits.

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maybe on paper but in reality they make it as difficult as possible

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Update: I filed my application online yesterday. It says my claim is pending and I need to complete my weekly claim certification. Is that normal?

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Yes, that's completely normal. You'll need to file weekly claims even while your initial claim is being processed. Make sure you're looking for work and keeping track of your job search activities.

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Good to know, thanks. I wasn't sure if I should be doing the weekly claims yet.

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I got fired from my last job too but for different reasons. Washington ESD denied my first claim but I appealed and won. Don't give up if they initially deny you - the appeal process can change things.

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What was the appeal process like? Was it complicated?

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Not too bad. Had to fill out some forms and they scheduled a phone hearing. Just be honest and stick to the facts about what happened.

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Make sure you document everything about your termination. Any emails, performance reviews, witness statements if you have them. Washington ESD will want to see evidence of what really happened.

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I saved all my work emails to my personal account before I left. Should I print them out or something?

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Keep digital copies but printing them might be good too. You never know what format they'll want if they need to review your case.

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Update on my situation - I finally got through to Washington ESD using that Claimyr service someone mentioned. Turns out my adjudication was held up because they needed additional documentation from my employer. The agent was actually really helpful once I could talk to someone.

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That's great! How much did the Claimyr thing cost? Might be worth it if I run into problems.

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Check out their website at claimyr.com - they explain everything there. Honestly worth it just to avoid the frustration of trying to call normally.

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been unemployed for 2 months after getting fired and still haven't heard anything from Washington ESD about my claim. this is ridiculous

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Two months seems excessive. Have you tried contacting them directly? Your claim might be stuck somewhere in the system.

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tried calling hundreds of times, never get through. might try that claimyr thing people are talking about

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For what it's worth, being fired for performance issues is way different than being fired for misconduct. Most people don't realize that. Washington ESD has to prove you did something deliberately wrong, not just that you weren't good at your job.

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That makes me feel better about my situation. My boss never said I was doing anything wrong on purpose, just that I wasn't fast enough.

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Exactly. There's a big difference between inability to do the job and unwillingness to do the job.

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I work in HR and see this all the time. Employers often think they can contest unemployment claims just because they fired someone, but Washington ESD looks at the actual reasons. Poor performance alone usually doesn't disqualify someone from benefits.

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Do you think my employer will contest my claim? They seemed pretty mad when they fired me.

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They might, but being mad doesn't give them grounds to successfully contest it. They need to prove misconduct, which is harder than people think.

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same thing happened to my brother last year in a different state but the rules are probably similar. he got his benefits even though he was fired because they couldn't prove he did anything wrong intentionally

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The rules can vary between states, but most follow similar principles when it comes to misconduct vs. poor performance.

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Another update: Just got a letter from Washington ESD saying my former employer is contesting my claim. Now I'm really nervous. They scheduled a fact-finding interview for next week.

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Don't panic. This is normal when employers contest claims. Just be honest during the interview and explain your side of what happened. Bring any documentation you have.

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I had to do one of those interviews too. The Washington ESD person was fair and asked both sides questions. Just stick to the facts.

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The whole unemployment system is broken. They make it so hard to get benefits even when you deserve them. I've been fighting with Washington ESD for months over my claim.

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What's your situation? Sometimes there are specific things that can help move your claim along.

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got fired for supposedly violating company policy but they never told me what policy. been in adjudication forever

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Pro tip: make sure you keep filing your weekly claims even while your case is being investigated. If you win your appeal or they approve your claim, you'll get backpay for those weeks. But only if you kept filing.

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Good point. I've been filing every week even though I haven't gotten any money yet. Wasn't sure if I should keep doing it.

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Definitely keep filing. That's how you preserve your right to those benefit weeks.

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I got fired from three different jobs over the years and got unemployment each time. As long as you weren't stealing or doing drugs or something really bad, you'll probably be fine. Washington ESD is pretty fair about these things.

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three different jobs? maybe the problem isn't just the employers lol

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hey, stuff happens. not everyone is perfect at every job they try

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Just remember that even if Washington ESD initially denies your claim, you can appeal. The appeal process gives you a chance to present your case to a hearing officer who wasn't involved in the original decision.

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How long do you have to file an appeal if they deny you?

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You have 30 days from the date on the determination letter to file an appeal. Don't wait - file as soon as possible.

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Final update: Had my fact-finding interview yesterday and it went well. The Washington ESD investigator seemed to understand that I was trying my best at the job but just couldn't keep up with their unrealistic expectations. Hoping to hear back soon.

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Sounds like you handled it well. Most fact-finding interviews are pretty straightforward - they just want to get the facts from both sides.

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Hope it works out for you! Keep us posted on what happens.

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Thanks everyone for all the advice and support. This forum has been really helpful during a stressful time.

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For anyone else reading this thread, I used Claimyr last month to get through to Washington ESD about my claim status and it was a lifesaver. So much better than trying to call during normal business hours when everyone else is calling too.

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I keep seeing people mention this service. Is it legitimate? Seems too good to be true.

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Totally legitimate. They basically call Washington ESD for you and get you connected to an actual person. Check out their demo video if you're curious about how it works.

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FINAL UPDATE: Washington ESD approved my claim! Got the determination letter today saying that my termination didn't constitute misconduct. Thanks to everyone who helped me understand the process. My first benefit payment should arrive next week.

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Congratulations! Glad everything worked out for you.

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Awesome news! Shows that the system does work when you present your case honestly.

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Great to hear! Your thread will probably help other people in similar situations.

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