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Liam Cortez

Washington ESD unemployment if fired for performance issues - can I still get benefits?

Lost my job at a marketing firm last Friday because my manager said I wasn't meeting targets. They called it 'performance related termination' but honestly I think the goals were unrealistic and I was only there 8 months. My supervisor kept changing what she wanted and never gave clear feedback until the final write-up. Can I still file for Washington ESD unemployment benefits or does being fired for performance automatically disqualify me? Really stressed about paying rent next month.

You can definitely file for unemployment even if you were terminated for performance issues. Washington ESD distinguishes between misconduct (which disqualifies you) and poor performance (which usually doesn't). Performance issues typically don't rise to the level of misconduct unless there was willful neglect or deliberate violations of company policy.

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That's really helpful to know! So I should apply right away then? I was worried they'd automatically deny me.

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Yes, apply immediately. The sooner you file your initial claim, the sooner your benefit year starts. Even if there's an issue to resolve, you want that clock ticking.

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File your claim ASAP through the Washington ESD website. When they ask about why you left your job, be honest but frame it as 'discharged for performance' rather than 'fired.' The way you describe it matters. Your employer will have a chance to contest it but performance issues alone rarely lead to disqualification.

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This is exactly right. I got terminated for not hitting sales quotas and still got approved for UI benefits. Took about 3 weeks for them to make the determination.

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Good to know the wording matters. Should I mention that the goals seemed unrealistic or just stick to the basic facts?

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Stick to facts when filing. Save your explanations about unrealistic goals for if/when they contact you for an interview during adjudication.

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I had a similar situation and used Claimyr to get through to an Washington ESD agent when I had questions about my claim status. The service (claimyr.com) basically calls for you and gets you connected to a real person instead of dealing with busy signals. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me hours of trying to call myself.

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Never heard of that service before. Does it actually work or is it just another scam?

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It's legit. I was skeptical too but I couldn't get through on my own after trying for days. They got me connected within a few hours and I was able to speak directly with an Washington ESD rep about my adjudication.

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Might have to check this out. I've been trying to reach them for two weeks about my pending claim.

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washington esd will probably put your claim into adjudication since you were terminated. this means they'll investigate both sides of the story before approving or denying benefits. dont panic if your claim status shows pending for a few weeks - thats normal for these situations

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How long does adjudication usually take? I'm really worried about my bills.

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Adjudication can take anywhere from 2-6 weeks depending on how busy they are and how complex your case is. Performance terminations are usually straightforward compared to misconduct cases.

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UGH the whole system is so frustrating! I got fired for attendance issues (which were due to my kid being sick constantly) and it took them 5 WEEKS to approve my claim. Five weeks!! How are people supposed to survive that long without income?

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That's rough. Did they end up approving you though? Attendance can be tricky depending on the circumstances.

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Yeah they finally approved it but by then I was behind on everything. The stress was awful.

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One important thing to remember - even if your employer contests your claim, that doesn't mean you'll be denied. Washington ESD looks at the facts independently. They'll consider whether you were given adequate training, clear expectations, reasonable time to improve, etc. Poor performance alone isn't misconduct.

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That makes me feel better. My supervisor definitely didn't give clear feedback until the very end.

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This is key info. A lot of people assume employer contest = automatic denial but that's not true at all.

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Make sure you keep copies of any documentation from your termination - final review, termination letter, etc. If Washington ESD contacts you for an interview during adjudication, having that paperwork ready helps support your case.

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Good point. I have the termination letter and my last performance review. Should I submit those with my initial claim?

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No need to submit them initially. Just file your claim online and wait to see if they request additional information. Keep the docs handy though.

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Been there myself. Got canned from my accounting job for 'not being detail-oriented enough' after 6 months. Still got unemployment though. The key is that performance issues aren't the same as willful misconduct. You weren't stealing or violating safety rules - you just couldn't meet their standards.

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Exactly! I was trying my best but the expectations kept changing. How long did your claim take to get approved?

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About 3 weeks total. They called both me and my former employer, then made their decision. Wasn't fun but I got approved.

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whatever you do DONT lie on your application. be honest about being terminated for performance. lying will get you in way more trouble than being fired ever could

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Definitely planning to be honest. Just wasn't sure how to word it properly.

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Update on the Claimyr thing - I actually used it again this week to check on a different issue with my weekly claim. Still works great for avoiding the phone tree nightmare. Worth it when you actually need to talk to someone at Washington ESD.

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How much does it cost? I'm already strapped for cash obviously.

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It's worth checking their site for current pricing. For me it was worth it vs spending entire days trying to get through on my own.

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I work in HR and see these situations all the time. Performance terminations rarely result in unemployment denial unless there were serious policy violations involved. Sounds like you have a good case - just be prepared for the waiting period during adjudication.

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That's reassuring coming from someone in HR. I'll file my claim tomorrow morning.

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Quick question - does it matter if you're still in probationary period when terminated for performance?

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Probationary status doesn't affect unemployment eligibility. What matters is the reason for termination, not how long you were employed.

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File online through secure.esd.wa.gov and make sure you start filing your weekly claims right away even if your initial claim is still pending. You don't want to miss any weeks.

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Good tip! I'll make sure to set a reminder to file weekly.

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The fact that your supervisor kept changing expectations actually works in your favor. That shows the performance standards weren't clear or consistent, which strengthens your case for benefits.

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I never thought of it that way but you're right. The goalposts definitely kept moving.

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Document everything you can remember about those changing expectations. Dates, examples, etc. Might be useful if they interview you.

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same thing happened to my brother last year and he got approved for benefits. took about a month total but he got paid retroactively for the whole time including the waiting period

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That's good to hear! I was worried about the waiting period but if it's retroactive that helps.

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Just remember you'll also need to meet the job search requirements once you're approved. Keep track of your applications and be prepared to show evidence of your work search activities.

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Already started applying to new positions. How many job searches do I need to do per week?

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It's typically 3 job search activities per week but check the requirements in your specific case. They'll outline it when you file your weekly claims.

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Update - I tried that Claimyr service mentioned earlier and actually got through to Washington ESD today! Took about 2 hours but way better than the weeks I've been trying on my own. Finally got answers about my pending adjudication.

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That's awesome! Good to know it actually works if I run into issues with my claim.

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What did they tell you about your adjudication? Still waiting on mine too.

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Filed my claim 3 days ago after getting terminated for performance and already see it's in adjudication status. The waiting is killing me but at least I know it's moving forward. Your situation sounds similar to mine - hang in there!

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Thanks for the encouragement! I'll file mine first thing tomorrow. Fingers crossed for both of us.

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One final piece of advice - if Washington ESD does contact you for a phone interview during adjudication, answer honestly but stick to the facts. Don't bad-mouth your former employer, just explain your side of what happened with the performance issues. They're looking for whether it constitutes misconduct, and poor performance typically doesn't meet that bar.

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Perfect advice. I'll keep it professional and factual if they call. Thanks everyone for all the help and encouragement!

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