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CyberSiren

Washington ESD unemployment when you get fired - am I eligible?

Got terminated from my warehouse job last Friday and I'm trying to figure out if I can even get unemployment benefits. My supervisor said it was for "performance issues" but honestly I think they just wanted to get rid of me because I complained about safety violations. I've been working there for 8 months and never had any formal write-ups or warnings. Can you still get Washington ESD unemployment when you get fired? I'm really stressed about this because I have rent due next week and no idea what my options are.

Yes, you can potentially get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD will investigate to determine if you were terminated for "misconduct" or not. Performance issues alone usually don't disqualify you unless they involved deliberate misconduct or willful neglect of duties.

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That's somewhat reassuring. How do they determine what counts as misconduct? I was never told I was doing anything wrong before they fired me.

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Washington ESD looks at whether your actions were intentional violations of company policy or reasonable expectations. Poor performance due to inability rather than unwillingness typically doesn't qualify as misconduct.

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File your claim ASAP! Don't wait to figure out if you're eligible - let Washington ESD make that determination. You can apply online and the worst they can do is deny it, but you need to get the process started immediately to avoid losing potential benefits.

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Good point, I'll start the application today. Do I need any specific documentation from my employer?

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You'll need your employment dates, wage information, and reason for separation. If your employer contests the claim, that's when you'll need to provide more detailed documentation about the circumstances.

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I was in a similar situation last year - got fired for supposedly being late too much but it was really because I kept reporting safety issues. Washington ESD approved my claim after an adjudication process. The key is being honest about what happened and providing any evidence you have.

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How long did the adjudication take? I'm really worried about paying my bills while this gets sorted out.

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Mine took about 3 weeks. If you're having trouble reaching anyone at Washington ESD during the process, I used a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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ugh this is exactly what happened to me too!! they fire you for BS reasons and then you have to jump through hoops to prove you deserve benefits. its so unfair. definitely apply though because you probably have a good case if there were no warnings

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Right? It feels like they're trying to avoid paying unemployment by making up performance issues. Did you end up getting approved?

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yeah eventually but it was a nightmare trying to get someone on the phone at washington esd to explain what was happening with my claim

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Document everything NOW while it's fresh in your memory. Write down exact dates, times, and details about the safety violations you reported and how your employer responded. If this goes to an appeal hearing, you'll need specific examples to support your case.

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That's smart advice. I should probably also get copies of any emails or texts I sent about the safety issues.

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Absolutely. Any written communication that shows you were acting in good faith as an employee will help your case if the employer tries to claim misconduct.

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The whole system is rigged against workers. They make it so complicated and scary that half the people who deserve benefits don't even apply. Don't let them intimidate you - you paid into this system and you have every right to use it when you need it.

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You're right, I did pay into unemployment insurance with every paycheck. I shouldn't feel guilty about using it when I need it.

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Exactly! That's what unemployment insurance is for - to help people who lose their jobs through no fault of their own.

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One more thing - when you file your weekly claims, make sure you're actively looking for work and keeping a job search log. Washington ESD requires you to make at least 3 job search contacts per week and be able to document them.

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What counts as a job search contact? Just applying online or do I need to do something else?

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Applying for jobs, contacting employers directly, attending job fairs, networking events, or working with WorkSourceWA all count. Keep detailed records of dates, employers contacted, and method of contact.

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Also be prepared that your employer might contest your claim. If they do, you'll receive a notice from Washington ESD and have the opportunity to respond with your side of the story. Don't panic if this happens - it's a normal part of the process.

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What happens if they contest it and I lose? Do I have to pay back any benefits I received?

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If you lose the initial determination, you can appeal within 30 days. You only have to pay back benefits if it's determined you received them fraudulently, which doesn't sound like your situation.

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I'm dealing with something similar right now. Got fired two weeks ago and my claim has been in adjudication ever since. It's so stressful not knowing when you'll get an answer.

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That's exactly what I'm worried about. How are you managing financially while waiting?

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Barely, to be honest. I'm looking into food banks and other assistance programs while I wait for a decision.

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Quick tip - if you need to talk to someone at Washington ESD about your claim status, calling right when they open at 8am usually gives you the best chance of getting through. The phone lines get jammed later in the day.

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Good to know! I'll try calling first thing Monday morning.

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Or use that Claimyr service I mentioned earlier - it automatically calls and waits on hold for you so you don't have to sit there for hours pressing redial.

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Just wanted to say hang in there. I know it's scary but you did nothing wrong by reporting safety violations. That's actually protected activity and firing you for it could be retaliation, which would definitely support your unemployment claim.

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Thank you, I really needed to hear that. I keep second-guessing myself and wondering if I should have just kept quiet.

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Never keep quiet about safety issues! You potentially saved someone from getting hurt. That takes courage and you should be proud of yourself.

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Make sure you understand the difference between being fired and being laid off when you fill out the application. Being fired doesn't automatically disqualify you, but you need to be accurate about the circumstances.

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Yeah I'll be completely honest about being terminated for alleged performance issues. I have nothing to hide.

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That's the right approach. Honesty is crucial because Washington ESD will verify everything with your employer anyway.

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The waiting is the worst part. I applied 6 weeks ago after getting fired and I'm still waiting for a decision. My claim shows 'pending adjudication' and every week I file feels like I'm just spinning my wheels.

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6 weeks?! That's insane. Have you been able to talk to anyone about why it's taking so long?

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I've tried calling dozens of times but can never get through. The system is completely overwhelmed.

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Don't give up on calling Washington ESD. I know it's frustrating but sometimes you need to talk to an actual person to get your claim moving. There might be simple documentation they need that isn't clear from the online portal.

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You're right, I should keep trying to reach them even if it's difficult.

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I finally got through using Claimyr after weeks of trying on my own. Cost some money but was worth it to actually speak to someone about my claim status.

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Remember that even if your initial claim is denied, you have appeal rights. Don't assume it's over if you get a denial letter. Many people win their appeals especially in cases involving retaliation for reporting safety issues.

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That's good to know. How does the appeal process work?

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You request an appeal hearing within 30 days of the denial. You'll get to present your case to an administrative law judge, usually over the phone.

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this whole thread is making me so angry about how they treat workers. you do the right thing by reporting safety problems and they fire you, then you have to prove you deserve help. its backwards!

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I know, it really does feel backwards. But I'm not going to let them intimidate me out of applying for benefits I'm entitled to.

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Good for you! Standing up for yourself is important.

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One last thing - keep all your termination paperwork safe. If your employer gave you any written reason for the firing, that will be important evidence. Also check if you're eligible for any final paycheck or vacation payout.

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They didn't give me anything in writing, just told me verbally it was performance issues. Should I ask for something in writing?

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You can try, but they're not required to provide it. Just document what they told you verbally as best you can remember.

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Update us when you hear back from Washington ESD! I'm rooting for you and hope they approve your claim quickly. You deserve benefits after what you went through.

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I will definitely update everyone. Thank you all for the advice and support - it really helps to know I'm not alone in this.

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We've all been there in some way. The unemployment system is tough to navigate but you've got this!

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