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Ethan Clark

What disqualifies you for unemployment in Washington ESD - need to know before I file

I'm thinking about filing for unemployment but I want to make sure I won't get disqualified. I've heard there are certain things that can make you ineligible but I'm not sure what they are exactly. I left my last job because my boss was making the workplace really toxic and I couldn't handle it anymore. I didn't get fired or anything, I just quit. Will that disqualify me from getting Washington ESD benefits? What other things should I be worried about that might make me ineligible?

Quitting your job without good cause is usually a disqualification. Washington ESD considers it 'voluntary leaving' and you'd need to prove you had good cause like unsafe working conditions or harassment. Other common disqualifications include getting fired for misconduct, not being able and available for work, refusing suitable job offers, or not meeting work search requirements.

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So toxic workplace wouldn't count as good cause? My boss was verbally abusive and created a hostile environment.

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That could potentially qualify as good cause if you can document it. You'd need evidence like emails, witness statements, or complaints you filed with HR.

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There's also being unavailable for work, like if you're going to school full time or can't work certain hours. And if you're not a US citizen or don't have work authorization that's an issue too.

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Wait I thought you could go to school and still get unemployment?

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Only if it's approved training or part-time. Full-time school usually makes you unavailable for work.

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I spent months trying to get through to Washington ESD to discuss my potential disqualification issues. The phone lines are absolutely brutal - I'd call hundreds of times and either get busy signals or get hung up on after waiting for hours. Finally found this service called Claimyr at claimyr.com that actually got me through to a real person at Washington ESD. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Game changer for getting actual answers about disqualification questions.

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That sounds too good to be true. How much does it cost?

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It's worth it just to get through and talk to someone who can give you real answers about your specific situation instead of guessing.

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I've heard of this service but wasn't sure if it was legit. Good to know it actually works.

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The big ones are misconduct (like stealing, fighting, being drunk at work), voluntary quit without good cause, not meeting the work requirements (you need to have worked enough hours and earned enough money), and fraud. Also if you refuse a suitable job offer or don't do your weekly job searches that'll get you disqualified.

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What counts as misconduct exactly? I was late a few times at my last job.

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Being late occasionally isn't misconduct. It has to be willful disregard of the employer's interests, like repeatedly violating company policy after warnings.

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dont forget about the wage requirements! you need to have earned at least $7,000 in your base year and meet the other monetary requirements or you wont qualify at all

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What's the base year? I'm confused about all these requirements.

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its the first 4 of the last 5 completed calendar quarters before you file. so if you file now it would be roughly jan 2024 through dec 2024

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For your situation specifically, you'd need to show the quit was for good cause. Document everything - emails, texts, witness statements. Washington ESD will investigate and make a determination. If they disqualify you, you can appeal within 30 days.

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How long does the investigation usually take?

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Can be anywhere from 2-8 weeks depending on complexity. They'll contact you and your former employer.

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I got disqualified for 'inability to work' because I had surgery scheduled. Even though I was able to work before and after, they said I wasn't available during the recovery period. It's pretty strict.

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That's rough. Did you appeal it?

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Yeah I won on appeal but it took 3 months. Should have just waited to file until after I recovered.

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Drug test failures can also disqualify you, especially if it's considered misconduct. And if you're receiving other benefits like workers comp or disability, that might affect your eligibility too.

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What if the drug test was for marijuana in a state where it's legal?

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Still depends on company policy and if it affected your job performance. Legal doesn't always mean you can't be fired for it.

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Another thing people don't realize is that if you're self-employed or an independent contractor, you might not qualify for regular UI benefits. You'd need to check if you qualify for different programs.

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I did some freelance work on the side. Does that count as self-employment?

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Depends on how much and how it was reported. Side gig income usually doesn't affect your main employment status for UI purposes.

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Don't forget about the weekly requirements once you're approved. You have to be able and available for work each week, actively searching for jobs, and report any work or income. Failing to do these can get you disqualified even after you start receiving benefits.

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how many jobs do you have to apply for each week?

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It's 3 job search activities per week in Washington. Can be applications, networking, job fairs, etc.

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I tried calling Washington ESD for weeks to get clarification on my potential disqualification. Finally used Claimyr and got through in minutes. The agent was able to review my case and explain exactly what I needed to do. Totally worth it when you need real answers.

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I might have to try that. This is all so confusing and I don't want to mess up my claim.

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Yeah, getting wrong information online is risky. Better to talk to an actual Washington ESD agent who can look at your specific situation.

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One more thing - if you have a non-compete agreement or other contractual restrictions that limit your ability to find work, that could be an issue. Washington ESD expects you to be available for suitable work in your field.

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My company made me sign a non-compete but I think it's not enforceable in Washington?

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Washington has restrictions on non-competes but it's complex. You'd want to check with a lawyer if it's affecting your job search.

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also if you move out of state you need to notify washington esd and follow their rules for out of state claims. some people get disqualified for not reporting address changes

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I didn't know that! I was thinking about moving to Oregon while collecting benefits.

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you can collect in other states but you have to follow both states rules and report everything properly

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The pension thing trips people up too. If you're getting a pension from a previous employer, it might reduce your weekly benefit amount or disqualify you entirely depending on the circumstances.

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Really? I thought pensions were separate from unemployment.

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Nope, they can affect your benefits. Washington ESD looks at all income sources when determining eligibility and benefit amounts.

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Just went through this whole process last month. Got initially disqualified for voluntary quit but appealed with documentation of hostile work environment. Won the appeal after 6 weeks. The key is having proof - emails, witness statements, anything that shows you had good cause to quit.

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That gives me hope. I do have some emails from my boss that show the hostile behavior.

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Screenshot everything and save it. The appeals process is thorough but fair if you have evidence.

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For anyone dealing with potential disqualification issues, I really recommend using Claimyr to get through to Washington ESD. The representatives can review your specific situation and give you accurate information about whether you'll be disqualified. Way better than guessing based on general information online.

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I was skeptical about using a service like this but honestly the Washington ESD phone system is impossible. Might be worth it.

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The peace of mind alone is worth it. Plus you can ask follow-up questions and get clarification on things you don't understand.

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Military folks need to be aware that if you're receiving military retirement pay, that can affect your unemployment benefits. It's not an automatic disqualification but it might reduce your weekly amount.

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Good point. There are special rules for veterans and military retirement that are different from regular pensions.

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Bottom line - Washington ESD looks at why you became unemployed, whether you're able and available for work, if you meet the monetary requirements, and whether you're actively searching for work. Any of these areas can lead to disqualification if you don't meet the requirements.

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Thanks everyone. I think I have enough information to decide whether to file or not. This has been really helpful.

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Good luck! Even if you get initially disqualified, remember you can always appeal if you think the decision was wrong.

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One last thing - don't try to hide anything from Washington ESD. They cross-reference with other databases and will find out about unreported work, income, or other issues. Being honest upfront is always better than getting caught in fraud later.

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this is so important! fraud penalties are serious and can make you permanently ineligible

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Exactly. The temporary embarrassment of admitting to something is way better than the permanent consequences of hiding it.

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I used Claimyr a few months ago when I was confused about whether my separation would be considered misconduct. The Washington ESD agent was able to explain the difference between misconduct and poor performance, and helped me understand what documentation I needed. Saved me a lot of stress and uncertainty.

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That's exactly what I need - someone who can explain the nuances of these rules instead of just generic information.

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Right, every situation is different and the general rules don't always apply clearly to your specific circumstances.

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