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PaulineW

What disqualifies you from unemployment in Washington ESD - need to understand my options

I'm worried I might get disqualified from unemployment benefits and want to understand what actually disqualifies you from getting Washington ESD benefits. My employer let me go last week but there were some performance issues mentioned in my termination meeting. I've heard different things about what can make you ineligible but want to know the real rules. Can you still get benefits if you were fired for performance vs misconduct? What about if you quit for personal reasons? I need to file my claim but don't want to waste time if I'm not eligible.

The main disqualifications for Washington ESD unemployment are: fired for misconduct (not just poor performance), quitting without good cause, refusing suitable work, not meeting work search requirements, and fraud. Being fired for performance issues usually doesn't disqualify you - that's different from willful misconduct.

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That's reassuring about the performance thing. How do they determine what counts as misconduct vs just not being good at the job?

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Misconduct has to be willful or deliberate violation of company policy. Poor performance, inability to do the job, or honest mistakes usually don't count as misconduct under Washington ESD rules.

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You should definitely file your claim! Washington ESD will investigate and make the determination. Even if your employer contests it, you can still potentially get benefits if they can't prove actual misconduct occurred.

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This is so true. My employer tried to claim misconduct when they fired me but Washington ESD ruled in my favor because it was really just a personality conflict with my supervisor.

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How long did the adjudication process take for you? I'm nervous about the whole investigation part.

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Other disqualifications include not being able and available for work, not meeting the base period wage requirements, being out of the country, or receiving certain types of pension payments. But definitely file - let Washington ESD make the determination rather than assuming you're not eligible.

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What's the base period wage requirement? I only worked part-time for most of last year.

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You need at least $1,850 in your base period and wages in at least two quarters. Part-time work can still qualify you if you meet those minimums.

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If you're having trouble getting through to Washington ESD to discuss your situation, I had success using Claimyr (claimyr.com) to actually reach an agent. They have a system that gets you through the phone queue and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Really helped me get clarity on my disqualification questions.

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Never heard of that service. Does it actually work or is it just another scam?

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It's legit - I was skeptical too but actually got through to talk to someone at Washington ESD when I couldn't get through on my own for weeks. Worth trying if you need to speak with someone directly.

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ugh the whole system is so confusing!! I got fired for being late too many times but honestly it was because of my car problems. do you think that counts as misconduct? I'm scared to even apply

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Chronic tardiness can be considered misconduct if you were warned about it repeatedly. But car problems might be considered circumstances beyond your control. You should still apply and explain the situation fully.

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yeah I had warnings but like... my car literally broke down multiple times. how was I supposed to get to work??

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Document everything about your car issues - repair receipts, towing bills, etc. That evidence could help show it wasn't willful misconduct.

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Here's what I learned from my adjudication: Washington ESD looks at the totality of circumstances. Even if you made mistakes, if they weren't intentional violations of known policies, you might still qualify. The burden is on your employer to prove misconduct.

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That makes me feel better. My employer mentioned attendance and performance but I was never written up formally. Think that helps my case?

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Absolutely. Lack of formal progressive discipline usually works in your favor. It suggests they didn't follow proper procedures for addressing performance issues.

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Don't forget about the job search requirements once you start collecting! You can get disqualified later if you don't do your weekly job searches or refuse suitable work offers. It's not just about initial eligibility.

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How many job searches do you have to do each week in Washington?

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It's 3 job search activities per week and you have to keep a log. WorkSourceWA has specific requirements about what counts as a valid job search activity.

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Good to know for later. Right now I just want to make sure I can even get benefits in the first place.

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THE SYSTEM IS RIGGED ANYWAY! They'll find any excuse to deny you benefits even when you deserve them. I've been fighting Washington ESD for months over a bogus misconduct claim. Save yourself the headache.

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That's not helpful. Plenty of people successfully get benefits when they're eligible. Don't discourage someone from applying when they might qualify.

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I'm just being REAL about what to expect. They denied me for 'misconduct' when all I did was disagree with my boss about safety procedures.

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Did you file an appeal? Disagreeing about safety procedures doesn't sound like misconduct if you were acting in good faith.

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Just went through this myself - got fired for 'not meeting expectations' but Washington ESD approved my claim. The key is being honest about what happened and providing all the details they ask for during the fact-finding interview.

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How long did it take from filing to getting your first payment? I'm stressed about how long this might take.

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About 5 weeks total with the adjudication. It's stressful but try to be patient and respond quickly to any requests for information from Washington ESD.

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Another thing - if you had any documentation from work like emails, performance reviews, or disciplinary notices, keep copies. Washington ESD might want to see them during their investigation.

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I don't have much written documentation since most of our feedback was verbal. Is that going to hurt my case?

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Not necessarily. Write down everything you remember with dates and details. Your testimony matters too, not just written documents.

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Quick question - does anyone know if you can get benefits if you were fired during your probationary period? I was let go after 2 months and they said it wasn't a good fit.

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Yes, you can still qualify during probationary period. 'Not a good fit' usually isn't misconduct unless there were specific policy violations involved.

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Thanks! That's what I hoped. Going to file my claim tomorrow.

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Remember you can also get disqualified for fraud - like lying about job search activities or working while collecting benefits without reporting it. Always be completely honest with Washington ESD.

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What happens if you forget to report some small cash job you did? Like if someone paid you $50 to help them move?

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You should report ALL work and earnings, no matter how small. If you forgot, report it as soon as you remember. It's better to be proactive than get caught later.

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I used that Claimyr service someone mentioned earlier and finally got to talk to a Washington ESD rep about my potential disqualification issues. Really helped clarify things instead of just guessing what might happen with my claim.

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What did they tell you about performance-related terminations? I'm still nervous about my situation.

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The agent explained that poor performance alone isn't disqualifying misconduct. They look for willful violation of known company rules or policies. Performance issues are usually just employer-employee mismatch.

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One more disqualification to mention - if you're receiving certain types of retirement benefits or pension payments, that can affect your eligibility. Not always a complete disqualification but can reduce your benefit amount.

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Does that include 401k withdrawals? I had to take some money out of my 401k after I lost my job.

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401k withdrawals typically don't affect unemployment benefits since that's your own money, not a pension. But definitely mention it when you file just to be safe.

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Bottom line - file your claim! Washington ESD will investigate and make the determination. Even if you think you might be disqualified, let them decide rather than assuming. Worst case you get denied and can appeal if you think it's wrong.

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You're right. I'm going to file tomorrow morning. Thanks everyone for all the helpful information about disqualifications!

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Good luck! Remember to be completely honest about what happened and provide all requested documentation promptly.

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Also keep in mind that even if you're initially disqualified, you can often requalify later by earning enough wages in new employment. Disqualifications aren't always permanent.

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How much do you have to earn to requalify after a disqualification?

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It varies depending on the type of disqualification, but typically you need to earn at least 8 times your weekly benefit amount in new employment to requalify.

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