What disqualifies you from Washington ESD unemployment for misconduct?

Misconduct for Washington ESD unemployment disqualification has to be willful and substantial. Poor performance or inability to do the job doesn't count as misconduct. The key things that DO disqualify you are: stealing, violence, harassment, deliberate rule violations, insubordination (but it has to be serious), and criminal activity at work. Being late occasionally or making honest mistakes usually won't disqualify you.

I went through something similar last year. My boss claimed I was insubordinate too but I got my benefits because I could show I was following company policy and they were asking me to do something unsafe. Washington ESD looks at whether you had good reason for your actions. If you were standing up for legitimate workplace rights, that's usually not misconduct.

You should definitely apply for benefits even if you're not sure. Let Washington ESD make the determination rather than assuming you're disqualified. I know someone who thought they'd be denied for misconduct but got approved because the employer couldn't prove it was willful. The worst thing that happens is they say no and you can appeal.

BTW if you do have trouble reaching Washington ESD to ask questions about your claim status, I found this service called Claimyr (claimyr.com) that helps you get through to agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Was super helpful when I needed to talk to someone about my adjudication.

The misconduct bar is actually pretty high in Washington. I've seen people get benefits even after being fired for attendance issues because the employer couldn't prove it was deliberate misconduct vs personal problems. Document everything about your situation - emails, witness statements, company policies, etc.

Just to add to what others said - Washington ESD also looks at whether the misconduct was connected to your work duties. So like if you got arrested for something completely unrelated to work on your day off, that usually won't disqualify you. It has to be work-related misconduct that shows you can't be trusted as an employee.

ugh the whole misconduct thing is so subjective. My friend got denied for 'insubordination' because she asked her manager to put a request in writing. Like seriously?? But she appealed and won because the hearing officer said that was reasonable.

From what I understand, Washington ESD uses a test where they look at: 1) Was it willful (did you do it on purpose)? 2) Was it substantial (serious enough to hurt the employer)? 3) Was it work-related? All three have to be yes for it to be disqualifying misconduct. Sounds like your situation might not meet all three criteria.

One thing to remember is that the burden of proof is on the employer to show misconduct. They can't just say 'they were insubordinate' - they have to provide specific examples and evidence. If they can't prove their case, you should get benefits.

I had a similar experience with schedule changes at my last job. Turned out the manager was violating labor laws by not giving proper notice. When I pointed it out (nicely), they said I was being difficult. Got my unemployment benefits no problem because I was protecting my rights.

If you do end up needing to contact Washington ESD about your claim determination, Claimyr really helped me get through when I couldn't reach anyone by phone. Sometimes you need to talk to a real person to explain your situation properly, especially for misconduct determinations.

Just want to echo what others have said - apply for benefits regardless. Washington ESD has to investigate and make a fair determination. Don't let your former employer scare you out of applying for benefits you might be entitled to.