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Samuel Robinson

What can you get fired for and still collect Washington ESD unemployment benefits?

I'm trying to understand the rules around getting fired and still being eligible for unemployment in Washington state. My manager has been writing me up for minor things and I feel like they're building a case to fire me. If I get terminated, will I still be able to collect benefits from Washington ESD? I know gross misconduct disqualifies you but what exactly counts as misconduct versus just poor performance? Really stressed about this situation and need to know what my options are.

Washington ESD distinguishes between misconduct and poor performance. Poor performance, attendance issues (unless excessive), or inability to do the job usually won't disqualify you. Misconduct involves willful violations of company policy, theft, violence, or deliberate insubordination. If you're fired for not meeting performance standards, you should still qualify for UI benefits.

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That's somewhat reassuring. The write-ups are for things like being 5 minutes late or not following a new procedure perfectly. Nothing willful or deliberate on my part.

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Yeah performance issues are different from misconduct. I got fired for not hitting sales targets and still got approved for unemployment after the initial review.

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The key is whether Washington ESD determines your actions were willful and substantial. Minor policy violations, honest mistakes, or good faith efforts that don't meet expectations typically won't disqualify you. However, if you're fired for stealing, fighting, sexual harassment, or repeatedly ignoring direct orders, that's misconduct.

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What about if they say I was insubordinate for questioning a policy change? I asked my supervisor why we were changing a procedure that was working fine.

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Simply questioning a policy isn't insubordination unless you refused to follow it or were disrespectful. Asking 'why' shows engagement, not defiance.

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Had a similar situation last year. Got terminated for 'attitude problems' but Washington ESD approved my claim because my employer couldn't prove I violated specific policies. The burden is on them to show misconduct occurred. Document everything and keep copies of your write-ups.

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Good point about documentation. I've been keeping copies of everything. Did you have trouble reaching Washington ESD when you filed?

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Oh yeah, getting through to them was impossible. Spent hours on hold. Actually found this service called Claimyr that helped me get connected to an agent quickly. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that explains how it works.

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Wait, so if I get fired for calling in sick too much, I can still get unemployment? I thought any firing would disqualify you.

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Excessive absenteeism can be misconduct if it's willful, but legitimate illness or family emergencies usually aren't disqualifying. Washington ESD looks at the specific circumstances.

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my cousin got fired for missing work cause her kid was sick all the time and she still got benefits. They said it wasnt misconduct just poor attendance

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The Washington ESD misconduct standard is pretty high. I've seen people get benefits after being fired for tardiness, poor performance, personality conflicts, and even some policy violations. The employer has to prove it was willful misconduct, not just that you were a bad employee.

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This is helpful. My situation sounds more like they want me gone but don't have grounds for misconduct. Just trying to build a paper trail.

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Exactly. Many employers try to create documentation to avoid paying unemployment taxes, but Washington ESD sees through that. Focus on doing your job and following policies as best you can.

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I got fired for 'not being a good fit' after 6 months and still got unemployment. Washington ESD said that wasn't misconduct, just an employment decision. Filed online and got approved pretty quickly.

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How long did the approval process take? I'm worried about gaps in income if this goes to adjudication.

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Mine took about 2 weeks because my employer didn't contest it. If they fight it, could take longer for adjudication.

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Here's what I learned after getting fired and dealing with Washington ESD: Misconduct requires intent to harm the employer or willful violation of known policies. Things like incompetence, poor judgment, or isolated incidents usually don't qualify as misconduct.

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What about if they say I violated the dress code by wearing sneakers instead of dress shoes one day?

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One violation probably wouldn't be misconduct unless it was after multiple warnings and clearly willful. Pattern of defiance is different from honest mistakes.

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Yeah they need to show you knew the rule and intentionally broke it. One time thing probably not misconduct

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THE WHOLE SYSTEM IS RIGGED ANYWAY! Employers can fire you for any reason in Washington and then fight your unemployment claim just to be spiteful. I've been through this nightmare twice!

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I feel your frustration but Washington ESD does protect workers from unfair denials. Most terminations don't rise to the level of misconduct.

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Maybe but good luck getting through to them to explain your side. Phone system is a joke!

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Quick question - does Washington ESD consider sleeping on the job misconduct? Asking for a friend who dozed off during a slow period.

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Sleeping on duty is typically considered misconduct since it's a willful act that violates basic job responsibilities. Your 'friend' might have trouble getting benefits.

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depends on the circumstances tho. if it was medical issue or they were working double shifts might be different

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I work in HR and can tell you that Washington ESD denies way fewer claims for misconduct than employers expect. They really do distinguish between poor performance and willful misconduct. Document everything but don't panic.

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Thanks for the insider perspective. That makes me feel a bit better about my situation. The write-ups seem petty rather than serious.

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Petty write-ups actually work against the employer in unemployment hearings. Shows they're trying to manufacture cause rather than addressing real misconduct.

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Got fired from retail for supposedly being rude to customers (I wasn't) and still got unemployment. Washington ESD said my employer couldn't prove I was actually rude or that it was intentional misconduct.

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Did you have to appeal or was it approved initially?

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Approved initially after they reviewed my employer's response. Took about 3 weeks total.

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The key things that will definitely disqualify you: theft, violence, harassment, repeated no-shows without valid reasons, or being under the influence at work. Pretty much everything else is arguable and might not be misconduct.

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None of those apply to my situation thankfully. Sounds like I should be okay if they do terminate me.

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Even some of those can be appealed depending on circumstances. Washington ESD looks at each case individually.

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Had trouble reaching Washington ESD when I got fired and needed to file. Ended up using Claimyr to get through to an agent quickly. Really helped me understand the misconduct rules for my specific situation.

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Several people have mentioned that service. Might be worth trying if I can't get through the regular way.

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Yeah Claimyr saved me hours of calling. Worth it when you need answers about your claim status or eligibility.

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Bottom line: unless you steal, fight, harass someone, or repeatedly ignore direct orders, you'll probably get unemployment benefits even if fired. Washington ESD errs on the side of helping workers.

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That's reassuring. I've been a model employee except for these recent nitpicky issues they're documenting.

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Sounds like they're trying to push you out rather than fire you for cause. Document everything and you should be fine for unemployment.

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I got unemployment after being fired for 'poor communication skills' which was basically my boss not liking my personality. Washington ESD said personality conflicts aren't misconduct.

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How did you prove it was just a personality conflict and not actual misconduct?

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I kept all my performance reviews which showed I was meeting job requirements. The 'communication' issue was subjective and couldn't be proven as misconduct.

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Remember that Washington ESD has to find misconduct was 'connected to work' and 'so substantial as to disqualify.' That's a high bar to meet. Most firings don't reach that level.

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Good to know the exact legal standard. Helps me evaluate my own situation more objectively.

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yeah the substantial part is key. minor stuff usually doesn't count even if its technically against policy

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Used Claimyr when I got fired and needed to speak with Washington ESD about whether my termination qualified as misconduct. The agent explained that my situation (fired for not meeting unrealistic sales quotas) wasn't misconduct. Really helpful service.

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Thanks for sharing that example. My situation sounds similar - unrealistic expectations rather than actual misconduct.

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Unrealistic performance standards definitely aren't misconduct. You should be fine for unemployment benefits.

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Don't stress too much about it. Washington state is pretty worker-friendly when it comes to unemployment eligibility. Even if they initially deny your claim, you can appeal and often win.

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Thanks everyone for all the helpful information. Feeling much more confident about my situation now.

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Good luck! Most people in your situation end up getting benefits. Just file as soon as you're terminated and be honest about the circumstances.

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