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Luca Esposito

Washington ESD unemployment if you are fired for cause - can you still collect benefits?

I got terminated last month from my job at a manufacturing plant for what they're calling 'policy violations' - basically I was late too many times over a 6 month period. My supervisor said it was termination for cause on my paperwork. I'm wondering if I can still file for Washington ESD unemployment benefits or if being fired for cause automatically disqualifies me? I've been putting off filing because I assumed I wouldn't qualify, but bills are piling up and I need to know for sure. Has anyone been in a similar situation with Washington ESD?

You can absolutely still file for Washington ESD benefits even if you were fired for cause. The key is that Washington uses the term 'misconduct' not just 'cause' - and there's a specific legal definition. Being late repeatedly might not rise to the level of misconduct that would disqualify you. You should file immediately because there's a waiting period, and if you're approved, you want those benefits to start as soon as possible.

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Really? I thought being fired for any reason meant no unemployment. What exactly counts as misconduct then?

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Misconduct has to be willful or wanton disregard of employer interests. Simple attendance issues often don't qualify unless they were really egregious or you ignored multiple warnings.

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I was fired for cause last year (insubordination according to my boss) and still got approved for UI benefits after an adjudication period. Washington ESD looks at the specifics of each case. File your claim online at esd.wa.gov and let them decide - don't make the decision for them by not filing.

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How long did the adjudication take? I'm worried about the delay.

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Mine took about 5 weeks but that was during a busy period. The important thing is to file now so the clock starts ticking.

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def file ASAP!! I tried calling Washington ESD for weeks to ask this same question and could never get through. Finally used claimyr.com to actually reach an agent who explained that tardiness alone usually doesn't disqualify you unless it was really excessive. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Worth checking out if you need to talk to someone at ESD.

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Never heard of claimyr but good to know there's a way to actually reach someone at ESD. Their phone system is impossible.

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Thanks for the tip! I'll check that out if I need to contact them about my claim.

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The Washington ESD adjudication process will review your termination and determine if it meets the legal standard for misconduct. Attendance issues typically need to be willful disregard of your work schedule, not just performance problems or isolated incidents. Make sure you file within the eligibility period and be honest about the circumstances of your termination.

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Should I mention that I had some personal issues that contributed to the tardiness? Or just stick to the basic facts?

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Be honest but focus on work-related facts. Personal circumstances can sometimes be relevant but don't over-explain.

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ugh the whole system is rigged against workers anyway. they'll probably find some reason to deny you even if you deserve benefits. but yeah you should still file because sometimes you get lucky

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That's not really helpful advice. The system has clear rules and most people who should qualify do get approved.

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maybe in your experience but I've seen plenty of people get screwed over by ESD

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Update: I filed my claim online this morning. The process was actually pretty straightforward. Now I'm in 'pending' status waiting for the adjudication decision. Fingers crossed!

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Good for you! Make sure you keep filing your weekly claims even while it's pending.

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Yes, I saw that notice. Will definitely keep up with the weekly claims.

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I was in almost the exact same situation - fired for attendance at a warehouse job. Took Washington ESD about 3 weeks to make a decision but I was approved. The key thing they asked about was whether I had been given clear warnings and opportunities to improve, which I had been.

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That gives me hope! I did receive several written warnings so hopefully that works in my favor.

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Yeah, that actually helps your case because it shows your employer was working with you on the issue.

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Just want to say don't let anyone make you feel bad about filing for unemployment. You paid into this system through your taxes and it's there for situations exactly like this. Being fired doesn't automatically disqualify you from benefits you've earned.

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Thank you for saying that. I was feeling pretty ashamed about the whole situation.

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We all go through tough times. That's what the safety net is for.

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Make sure you're also looking for work and documenting your job search activities. Even while your claim is in adjudication, you need to meet the job search requirements if you want to get benefits.

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Good point. I've been applying to jobs but haven't been keeping detailed records yet.

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Start keeping track now - dates, job titles, companies, how you applied. You'll need it for your weekly claims.

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My brother was fired for cause and still got benefits but it took forever to get through to ESD when he had questions about his claim status. He ended up using some service called Claimyr that helped him reach an actual person. Seemed legit.

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A couple people have mentioned that service now. Might be worth looking into if I need help.

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Yeah, he said it was way better than trying to call on his own. Actually got answers to his questions.

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Important to note that even if you're initially denied, you can appeal the decision. The appeals process gives you another chance to present your case if the initial adjudication doesn't go your way.

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How long do you have to file an appeal if you get denied?

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You have 30 days from the date of the determination to file an appeal. Don't wait if you disagree with their decision.

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been there done that - got fired for 'poor performance' which they tried to say was misconduct but Washington ESD saw right through it. performance issues are not the same as misconduct. sounds like your situation is similar

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That's encouraging to hear. Hopefully they see it the same way in my case.

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just be patient with the process, it takes time but usually works out fairly

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One thing to watch out for - your employer might contest your claim. If they do, you'll get a notice and have to provide your side of the story. Don't panic if this happens, it's pretty common.

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What kind of information should I gather in case they contest it?

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Any documentation about the warnings you received, your work history, attendance records if you have them, anything that shows the context.

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This whole thread is why I love this forum. So much better than trying to navigate the ESD website or sit on hold forever. OP you're doing the right thing by filing regardless of how you were terminated.

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Agreed! Everyone here has been so helpful. Really appreciate all the advice.

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Same here, learned a lot just reading through this discussion.

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Quick question - do you have to report that you were fired for cause when you file, or can you just say you were terminated?

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You should be honest about the circumstances. They'll find out anyway when they contact your employer, and being dishonest can hurt your case.

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Makes sense, just wasn't sure how detailed to get on the initial application.

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Ava Kim

For what it's worth, I know several people who were fired and still got unemployment. Washington ESD really does look at each case individually. Don't assume you're disqualified before you even try.

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That's what I'm learning from this thread. Wish I had filed sooner instead of assuming I wouldn't qualify.

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Ava Kim

Better late than never! At least you're taking action now.

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Had a similar situation but with a retail job - fired for cash register shortages. Washington ESD approved my benefits because the shortages weren't proven to be intentional. The burden of proof is on the employer to show misconduct, not on you to prove innocence.

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That's a really important point about burden of proof. Makes me feel more confident about my chances.

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Exactly. Let ESD make the determination based on the facts, don't disqualify yourself before you start.

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Final update: Just wanted to thank everyone for the encouragement to file. Got my determination letter today and I was approved for benefits! The adjudicator agreed that chronic tardiness due to personal issues didn't constitute willful misconduct. Starting to get payments next week.

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Congratulations! So glad it worked out. This is exactly why people should always file even if they think they might not qualify.

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Great news! Your case is a perfect example of why the adjudication process exists - to look at the specific circumstances rather than just the label.

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Thanks everyone! This forum was incredibly helpful throughout the whole process.

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