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Derek Olson

Washington ESD unemployment when fired for cause - any chance of getting benefits?

Got terminated last week from my warehouse job for being late too many times. My supervisor said it was "for cause" and I'm worried I won't qualify for unemployment benefits in Washington. I've been working there for 2 years and this is my first time dealing with unemployment. Does anyone know if Washington ESD will still approve my claim even though I was fired? I really need these benefits to pay rent while I look for another job.

You can still file for unemployment even if you were fired. Washington ESD will investigate and determine if the termination was for "misconduct" or just poor performance. Being late might not automatically disqualify you.

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That's somewhat reassuring. How long does the investigation usually take?

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Usually 2-4 weeks for adjudication. Make sure you file your claim right away though, don't wait.

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I went through this exact situation last year. File your claim immediately and be completely honest about why you were terminated. Washington ESD will contact your employer to get their side of the story. The key is whether they consider it willful misconduct or just job-related issues.

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What happened with your case? Did you end up getting approved?

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Yes, I got approved after about 3 weeks. My employer couldn't prove willful misconduct, just that I had performance issues.

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I had a similar situation and couldn't get through to Washington ESD for weeks to check on my claim status. Finally used Claimyr.com to get connected to an actual agent who explained the whole process. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helped me understand what was happening with my adjudication.

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Never heard of that service. Is it legit?

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Yeah it's real. They basically help you get through to Washington ESD when the phone lines are jammed. Saved me hours of calling.

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How much does it cost? I've been trying to call for days with no luck.

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UGH the Washington ESD system is so broken. I've been calling for 2 weeks straight about my disqualification and can't get through to anyone. The automated system just hangs up on you after being on hold forever!

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Try calling right at 8am when they open. That's when I had the most success getting through.

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I've tried that multiple times. Still can't get past the busy signal.

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Being fired for attendance issues doesn't automatically disqualify you from unemployment benefits. Washington ESD looks at several factors: was there a clear policy, did you know about it, was it consistently enforced, and was the final incident severe enough to warrant termination. Document everything about your termination and be prepared to explain your side during the fact-finding interview.

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What's a fact-finding interview? Will they definitely do one?

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It's when Washington ESD contacts you and your employer separately to get details about the termination. They usually do this for any disputed claim.

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My fact-finding interview was just a phone call. They asked about the specific incidents that led to my firing.

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same thing happened to my brother last year, he got fired for being late but still got unemployment after they investigated

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That gives me hope. Did he have to appeal or did they approve it initially?

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took a few weeks but they approved it without needing to appeal

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I'm going through adjudication right now for the same reason. Filed my claim 3 weeks ago and it's still pending. The waiting is killing me because I have bills to pay. Has anyone had success getting updates on their claim status?

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Check your account on secure.esd.wa.gov regularly. Sometimes they update it before they send notifications.

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I check it every day but it just says 'adjudication in progress' with no other details.

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That's exactly why I ended up using Claimyr. The online account doesn't give you real information about what's happening.

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Don't let them intimidate you! Employers often try to fight unemployment claims to keep their rates down. File your claim and let Washington ESD decide. The worst they can do is say no, but you might be surprised.

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Good point. I was worried about even filing because of what my supervisor said.

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Your supervisor doesn't decide your eligibility - Washington ESD does. Always file!

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I was fired for cause 6 months ago and initially denied benefits. Had to file an appeal and eventually won after a hearing. The key was showing that while I made mistakes, it wasn't willful misconduct. Don't give up if you get denied initially.

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How long did the whole appeal process take?

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About 8 weeks total from filing the appeal to getting the decision. The hearing was actually pretty straightforward.

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Did you have a lawyer for the hearing?

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No, I represented myself. The judge was fair and asked both sides questions.

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Make sure you keep filing your weekly claims even while your initial claim is under review. If you get approved, you'll get back pay for those weeks. If you don't file them, you lose those weeks forever.

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I didn't know that! I haven't filed any weekly claims yet because I thought I had to wait for approval.

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File them immediately! You can file weekly claims even with a pending initial claim.

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Washington ESD is so understaffed right now. I've been trying to get through to them about my overpayment issue for a month. The phone system is a joke - it just hangs up on you when call volume is high.

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Have you tried the online messaging system?

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Yes, but they take weeks to respond and then ask for more information instead of actually helping.

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I used to work in HR and saw this situation a lot. Attendance issues are tricky because it depends on your company's progressive discipline policy. If they didn't follow their own policy or if you had valid reasons for the absences, you have a good chance.

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They did give me a written warning about attendance about 3 months ago. Does that hurt my case?

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Not necessarily. It shows they followed progressive discipline, but it also shows the issue wasn't severe enough for immediate termination.

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Whatever you do, don't lie or leave anything out when you file your claim. Washington ESD will find out the truth anyway, and being dishonest will definitely disqualify you.

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I plan to be completely honest. I was late several times but it wasn't intentional - I was having car trouble.

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That's good context to provide. Valid reasons for attendance issues can help your case.

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Just an update - I actually got through to Washington ESD today using that Claimyr service someone mentioned earlier. The agent explained that attendance issues usually aren't considered willful misconduct unless you were warned multiple times and continued anyway. Sounds like you have a decent chance of getting approved.

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That's encouraging! I'm going to file my claim tomorrow morning. Thanks for the update.

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Good luck! Make sure to mention the car trouble and any other legitimate reasons for the tardiness.

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Been there! Got fired for performance issues last year and was stressed about unemployment. Turned out fine - got approved after a few weeks of adjudication. The key is that being a bad employee isn't the same as willful misconduct.

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That's exactly what I needed to hear. I was a hard worker, just had some attendance problems.

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Sounds like you'll be fine then. File that claim ASAP!

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The whole system is designed to make you give up. Don't let them! Even if you get denied initially, appeal it. I know three people who got overturned on appeal after being denied for termination-related issues.

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I'll definitely appeal if I need to. Can't afford not to fight for these benefits.

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That's the right attitude. You paid into the system, you deserve your benefits if you qualify.

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Filing for unemployment was the best decision I made after getting fired. Even though I was nervous about it, I got approved and it kept me afloat while job hunting. Don't let fear stop you from filing.

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Thanks for the encouragement. I'm definitely filing tomorrow.

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Good! And remember to keep applying for jobs and documenting your job search. You'll need that for your weekly claims.

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One more thing - if you do get approved, make sure you understand the job search requirements. You need to be actively looking for work and keeping records. Washington ESD can audit your job search log at any time.

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How many jobs do I need to apply to each week?

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It varies based on your local job market, but typically 3-5 job contacts per week. Check with WorkSource for specific requirements in your area.

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