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Evan Kalinowski

Washington ESD unemployment if i get fired from a job - can i still get benefits?

So I'm pretty sure I'm about to get terminated from my warehouse job next week for attendance issues (I've been late a few times due to childcare problems). I'm wondering if I can still file for unemployment with Washington ESD if I get fired? I know there's different rules if you quit vs get fired but I'm not sure what they are. Has anyone been in this situation before? I really need to know what to expect because I have rent and bills to pay.

Yes, you can potentially get unemployment benefits even if you're fired, but it depends on WHY you were fired. Washington ESD will investigate the circumstances through what's called an adjudication process. If you were fired for misconduct (like stealing, fighting, or willful violation of company policy), you'll likely be disqualified. But if you were fired for reasons outside your control or for non-misconduct reasons, you should be eligible.

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What counts as misconduct exactly? Being late because of childcare issues doesn't seem like stealing or anything serious like that.

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Attendance issues can be tricky. If it's due to circumstances beyond your control (like lack of childcare), that's different from just oversleeping or not showing up without reason. Washington ESD will look at whether you made reasonable efforts to address the problem and whether your employer provided adequate warnings.

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I got fired last year for performance issues and still got my UI benefits approved. The key is being honest when you file your claim. Washington ESD will contact your employer to get their side of the story during adjudication, so don't try to hide anything or lie about why you were terminated.

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How long did the adjudication process take for you? I'm worried about how I'll pay bills while they're investigating.

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Mine took about 3 weeks, but I've heard it can be longer depending on how busy they are. You should file your claim as soon as possible after you're terminated - don't wait!

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This is exactly why I used Claimyr when I had issues getting through to Washington ESD about my disqualification. Instead of sitting on hold for hours or getting hung up on, their service called for me and got me connected to an actual agent who could explain my options. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made the whole process so much less stressful.

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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 - they basically handle the phone tree nightmare for you and get you connected to a real person at Washington ESD. I was skeptical too but it saved me so much time and frustration.

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ugh the whole system is so confusing!!! I got fired 6 months ago for supposedly violating some policy I didn't even know existed and Washington ESD said I was disqualified for misconduct. Had to file an appeal and everything. Still fighting it.

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Did you have any documentation about the policy or lack of training? That can be important evidence in an appeal hearing.

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thats the thing - they never gave me a handbook or anything. just said I should have known better. so frustrating dealing with all this bureaucracy

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File your claim immediately when you get terminated. Even if there's a chance you might be disqualified, you want to get the process started. Washington ESD has a one-week waiting period anyway, so every day you delay is money lost.

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Good point about the waiting period. I didn't know about that. So even if I'm approved, I won't get paid for the first week?

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Correct - the first week is unpaid regardless. It's just how the system works in Washington.

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The attendance thing could go either way depending on your employer's policy and whether they documented the warnings properly. I work in HR and I've seen cases where employees got approved for UI even after being fired for attendance because the company didn't follow their own progressive discipline policy.

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That's interesting! My supervisor never gave me any written warnings, just verbal ones. Would that help my case?

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Potentially yes. If they didn't follow proper progressive discipline (verbal warning, written warning, final warning, termination), that can work in your favor during the adjudication process.

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This is why companies need to document everything properly. Can't just fire people without following procedure.

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I'm dealing with something similar right now. Got fired two weeks ago and my claim is still in adjudication. The waiting is killing me financially. Trying to decide if I should look into that Claimyr thing someone mentioned to see if I can get updates on my case.

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Definitely worth it if you need to talk to someone at Washington ESD. The regular phone system is basically impossible to get through on.

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Yeah I've been trying to call for days with no luck. Might give it a shot.

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whatever you do dont quit before they fire you thinking it will be better. getting fired for non-misconduct is actually better for UI than quitting without good cause. learned that the hard way.

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Really? I was actually thinking about quitting before they fire me. Why is getting fired better?

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because if you quit you have to prove you had 'good cause' which is a high bar. if youre fired they have to prove it was misconduct. easier to defend against misconduct than prove good cause

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Make sure you keep all your documentation - any emails about the attendance issues, your work schedule, anything about the childcare situation. Washington ESD might ask for evidence during the adjudication process and you want to be prepared.

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Good advice. I do have some emails where I told my supervisor about my childcare problems ahead of time.

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Perfect! That shows you were communicating about the issue and trying to be responsible about it. That's exactly the kind of thing that can help your case.

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The whole misconduct determination is so subjective. I've seen people get approved who I thought would definitely be disqualified, and people get denied who seemed like obvious approvals. Washington ESD adjudicators seem to vary a lot in how they interpret the rules.

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This is so true. My friend got denied for something minor while I got approved for something that seemed worse. It really depends on who reviews your case.

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That's why it's important to present your case clearly and provide good documentation. Some adjudicators are more thorough than others in reviewing the evidence.

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If you do get disqualified initially, don't give up! You can appeal the decision and request a hearing. I know someone who got their disqualification overturned at the hearing level because they were able to explain their situation better to the administrative law judge.

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How does the appeal process work? Is it complicated?

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You file an appeal within 30 days of the disqualification decision, then you get a hearing scheduled. It's pretty formal but you can represent yourself. The judge will listen to both sides and make a decision.

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Just remember you'll still need to do job search activities while your claim is being processed, even during adjudication. Washington ESD requires 3 job search activities per week and you have to log them in your WorkSourceWA account.

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Wait, I have to look for work even before my claim is approved? That seems weird.

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Yep, the job search requirement starts immediately. If your claim gets approved later, they'll check that you were meeting the requirements the whole time.

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I used Claimyr a few months ago when I couldn't get through to Washington ESD about my weekly claim issues. Within an hour they had me connected to an agent who sorted everything out. Definitely recommend it if you need to actually talk to someone instead of just waiting around hoping they'll call you back.

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How much does something like that cost though? Money's tight if you're unemployed.

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It was worth it for me to get my issues resolved quickly rather than stress about it for weeks. Sometimes you gotta spend a little to save a lot of time and worry.

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The childcare angle might actually help your case. Washington has specific provisions about 'compelling family reasons' that can affect how they view attendance issues. If you can show you were dealing with a genuine childcare crisis, that's different from just being irresponsible.

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That's encouraging to hear. My babysitter kept canceling last minute and I couldn't find backup care on short notice.

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Exactly - that's a documented external circumstance beyond your control. Make sure to explain that clearly when you file your claim.

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One thing nobody mentioned - if you get approved for UI, you'll need to report any severance pay or vacation payout you receive. That can affect your benefit timing. Just something to keep in mind.

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I don't think I'll get any severance since I'm being fired, but good to know about vacation pay.

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Yeah, they have to pay out accrued vacation in Washington, so just make sure to report it when you file your weekly claims.

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Bottom line - file your claim as soon as you're terminated, be completely honest about what happened, keep all your documentation, and don't panic if it goes to adjudication. Most non-misconduct cases get approved eventually, it just takes time.

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Thanks everyone for all the advice. Feeling a lot less panicked about this whole situation now. Will definitely file right away if/when it happens.

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Good luck! The system can be frustrating but it does work most of the time for legitimate claims.

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