Washington ESD unemployment if fired for refusing overtime - am I eligible?
So I got terminated last week because I wouldn't work mandatory overtime at my warehouse job. They were asking for 60+ hour weeks and I have kids to pick up from daycare. Manager said it was job abandonment when I left at my scheduled time. Can I still file for unemployment benefits with Washington ESD? I'm worried they'll say I was fired for misconduct. Has anyone dealt with this kind of situation before?
45 comments


Emily Jackson
You should definitely file for unemployment. Refusing excessive overtime isn't usually considered misconduct in Washington. The key question is whether the overtime was truly mandatory and reasonable. Washington ESD will look at factors like whether you had reasonable notice, if it was a legitimate business need, and if refusing created undue hardship for the employer.
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Andre Laurent
•They started the mandatory overtime policy just two weeks before they fired me. Does that help my case?
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Emily Jackson
•Yes, that short notice could definitely work in your favor. Washington ESD considers whether policy changes were reasonable and if employees had adequate time to adjust their personal situations.
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Liam Mendez
I went through something similar with my manufacturing job. Got fired for not working Saturdays because of my second job. Filed anyway and Washington ESD approved my claim after about 3 weeks of adjudication. The key is documenting why you couldn't work the overtime - childcare, medical reasons, prior commitments, etc.
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Andre Laurent
•Did you have to provide proof of your childcare situation?
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Liam Mendez
•I provided daycare records showing my pickup times and explained the financial penalty for late pickup. Washington ESD accepted it as a valid reason.
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Sophia Nguyen
File immediately and don't let them intimidate you. I was dealing with a similar adjudication issue where my employer claimed misconduct for attendance. Took forever to get through to Washington ESD to explain my side. Finally used claimyr.com to actually reach an agent who could review my case properly. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Game changer for getting past the busy signals.
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Jacob Smithson
•Wait what's claimyr? I've been trying to call Washington ESD for two weeks about my adjudication.
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Sophia Nguyen
•It's a service that helps you get through to Washington ESD agents. Way better than sitting on hold for hours or getting disconnected.
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Isabella Brown
this is exactly why i hate corporate america... they fire you for having a life outside work then try to deny your benefits too. absolutely file and fight it if they contest it
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Andre Laurent
•That's exactly how I feel. 40 hours should be enough but they act like we owe them our entire lives.
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Maya Patel
•Totally agree. These companies push people to their breaking point then act surprised when we say no.
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Aiden Rodríguez
You need to file your initial claim ASAP. Washington ESD has specific timelines and you don't want to lose out on potential benefits while you're dealing with the misconduct question. Even if they initially deny it, you can appeal. The burden is on the employer to prove it was misconduct, not on you to prove it wasn't.
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Andre Laurent
•How long do I have to file the initial claim?
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Aiden Rodríguez
•You should file within the first week after your last day of work. Don't wait thinking you need to resolve the misconduct issue first.
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Emma Garcia
Had almost the exact same thing happen at my old retail job. They wanted me to work every weekend plus late nights during holiday season. I explained I couldn't because of my college classes and they fired me for 'not being flexible.' Washington ESD sided with me after adjudication because I had legitimate conflicts that I communicated in advance.
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Andre Laurent
•Did you have to go through a hearing or was it just paperwork?
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Emma Garcia
•Just paperwork. They interviewed me over the phone and reviewed the documentation I submitted about my class schedule.
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Ava Kim
•That's encouraging. I was worried I'd have to do some formal hearing process.
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Ethan Anderson
Check if your employee handbook says anything about overtime policies. If they didn't follow their own written procedures for implementing mandatory overtime, that could strengthen your case. Washington ESD looks at whether employers followed proper protocols.
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Andre Laurent
•Good point, I'll dig up my handbook. I don't remember them ever mentioning mandatory overtime during orientation.
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Ethan Anderson
•Exactly. If it wasn't in your original job description or handbook, they can't just spring it on you and fire you for refusing.
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Layla Mendes
ugh this is so stressful when you're already dealing with being unemployed... definitely file though, worst case they say no and you appeal
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Andre Laurent
•Yeah I'm already stressed about money and now I have to fight for benefits too. Thanks for the encouragement though.
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Lucas Notre-Dame
Document everything right now while it's fresh in your memory. Dates, times, who said what, any emails or texts about the overtime policy. Washington ESD will want specific details during the adjudication process. Also keep records of your childcare constraints - daycare contracts, pickup time requirements, late fees policy, etc.
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Andre Laurent
•Smart advice. I still have some text messages from my supervisor about the overtime requirements.
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Lucas Notre-Dame
•Perfect. Those text messages could be crucial evidence that you communicated your constraints and they fired you anyway.
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Aria Park
I'm dealing with Washington ESD adjudication right now for a different reason and it's taking forever. Can't get anyone on the phone to check status. Might try that claimyr thing someone mentioned earlier - anything's better than getting hung up on constantly.
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Sophia Nguyen
•Yeah definitely try claimyr.com - it's the only way I've been able to actually talk to Washington ESD agents lately. The phone system is completely overwhelmed.
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Noah Ali
•Is it expensive though? I'm already strapped for cash being unemployed.
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Sophia Nguyen
•Way cheaper than missing out on weeks of benefits because you can't get through to resolve issues. Worth checking out their demo video first.
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Chloe Boulanger
File immediately and don't second guess yourself. Washington state generally protects workers from unreasonable overtime demands, especially when they conflict with family responsibilities. Your employer calling it 'job abandonment' for leaving at your scheduled time is ridiculous.
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Andre Laurent
•That's what I thought too. I worked my full 8 hour shift, how is that abandonment?
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Chloe Boulanger
•Exactly. Job abandonment means not showing up or leaving mid-shift, not leaving at your scheduled time when overtime wasn't part of your original agreement.
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James Martinez
Similar thing happened to my friend last year - fired for not working mandatory Sundays because of church. Washington ESD approved her claim because religious observance is protected. Your childcare responsibilities should be viewed similarly as a legitimate life constraint.
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Andre Laurent
•That's reassuring. Picking up my kids shouldn't be considered unreasonable.
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Olivia Harris
•Absolutely not. Courts have consistently held that childcare responsibilities are legitimate reasons for schedule limitations.
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Alexander Zeus
make sure when you file your weekly claims you answer all the questions honestly about why you were terminated. dont try to hide it or sugar coat it, just explain exactly what happened with the overtime situation
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Andre Laurent
•Good point. I was worried being honest about getting fired would hurt my chances.
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Alexander Zeus
•nah being honest is better than them finding out later and thinking you were trying to hide something
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Alicia Stern
The fact that it was 60+ hours per week works in your favor. That's excessive by any reasonable standard, especially with only two weeks notice. Washington ESD recognizes that employees have legitimate work-life balance needs. File your claim and prepare your documentation for the adjudication process.
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Andre Laurent
•60+ hours did seem crazy to me. I'm glad others think so too.
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Alicia Stern
•Definitely excessive. Most labor attorneys would say that's an unreasonable change to working conditions, especially without proper notice or accommodation for existing obligations.
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Gabriel Graham
just wanted to say good luck with your claim! this whole situation sucks and i hope washington esd sees it for what it really is - a company that fired someone for being a responsible parent
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Andre Laurent
•Thank you! I really appreciate all the support and advice from everyone here.
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