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Dmitry Volkov

What disqualifies you from unemployment in Washington - need clarity on my situation

I'm trying to figure out if I'm going to be disqualified from Washington ESD unemployment benefits. I was let go from my job last month and filed my claim, but now I'm worried I might not qualify. I've been getting conflicting information about what actually disqualifies you from receiving UI benefits. Some people say quitting for any reason disqualifies you, others say it depends on the circumstances. I didn't quit - I was laid off due to budget cuts - but I'm still anxious about whether there might be other reasons they could deny my claim. Can someone explain the main things that would disqualify you from unemployment benefits in Washington?

The main disqualifications in Washington are: 1) Quitting without good cause, 2) Being fired for misconduct, 3) Refusing suitable work without good cause, 4) Not being able and available for work, and 5) Not actively seeking work. Since you were laid off due to budget cuts, that shouldn't disqualify you as long as you meet the other requirements.

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Thank you! That's reassuring. I was laid off so that should be fine. What exactly counts as 'misconduct' though? I'm worried they might twist something.

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Misconduct has to be willful or wanton disregard of employer's interests. Things like theft, violence, or repeatedly violating policies after warnings. Simple poor performance or personality conflicts usually don't count.

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You should be fine if you were laid off. The Washington ESD looks at the reason for separation very carefully. Make sure when you file your weekly claims that you're honest about any work you do and that you're actively job searching.

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Good point about the job search requirement. How many jobs do I need to apply for each week?

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You need to make at least 3 job search activities per week and keep a log. This can include applying for jobs, networking, attending job fairs, etc.

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I had a friend who got disqualified because he turned down a job offer that paid 75% of his previous wage. Apparently that was considered 'suitable work' even though it was a big pay cut.

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Wow that's scary. How do they determine what's 'suitable work'?

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Suitable work criteria includes wages (usually 80% of previous after first 5 weeks), commute distance, and whether it matches your skills and experience. Your friend might have had grounds to appeal that decision.

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I've been trying to reach Washington ESD for weeks to get clarification on my own disqualification issue and can't get through on the phone. The hold times are insane and I keep getting disconnected. Has anyone found a way to actually talk to someone there?

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I had the same problem until I found this service called Claimyr (claimyr.com). They help you get through to Washington ESD agents without the crazy wait times. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of frustration.

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That sounds too good to be true. How does it actually work?

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It's legit - they basically handle all the calling and waiting for you, then connect you when an agent is available. Super simple to use and way better than sitting on hold for hours.

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BE CAREFUL about the job search requirements! I got disqualified for not keeping proper documentation of my job search activities. Washington ESD audited my claim and I couldn't prove I was actually looking for work even though I was.

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What kind of documentation do they want? I've been applying for jobs but not keeping detailed records.

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You need employer names, contact info, dates, positions applied for, method of contact - everything! Keep receipts, emails, screenshots. They can ask for proof at any time.

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This is why I tell everyone to use the WorkSourceWA website to track their job search. It automatically keeps records for you.

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What about if you're going to school? I heard that can disqualify you because you're not 'available for work' but I'm not sure if that's true.

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You can attend school and receive UI benefits in Washington, but you have to be available for work during normal business hours. Evening or weekend classes are usually fine.

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Good to know! I was worried about starting some online courses.

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Don't forget about the earnings test! If you work part-time while collecting benefits, you can still be disqualified if you earn too much in a week.

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How much can you earn before it affects your benefits?

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In Washington, you can earn up to your weekly benefit amount without losing benefits. Anything over that reduces your payment dollar for dollar.

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I got disqualified initially because my employer claimed I was fired for cause, but I appealed and won. Don't give up if you get denied - the appeals process exists for a reason!

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How long did the appeal take? I'm worried about going without income for weeks.

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Mine took about 6 weeks total, but they paid me retroactively once I won. Keep filing your weekly claims even during the appeal.

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Another thing that can disqualify you is not reporting income correctly. I had a friend who did some freelance work and didn't report it properly on his weekly claim - they caught it and he had to pay back everything plus penalties.

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Yikes! So you have to report ALL income, even small amounts?

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Yes, everything! Even if it's just $20 from a side gig. Better to over-report than under-report.

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The Washington ESD phone system is absolutely terrible. I spent 3 weeks trying to get clarification on whether my situation would disqualify me. Finally used that Claimyr service someone mentioned and got through in like 20 minutes.

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I'm skeptical of those third-party services. Isn't there a risk they might mess something up?

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I was worried about that too, but they just help you get connected - you still talk directly to the Washington ESD agent yourself. No risk at all.

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Don't forget about the base period requirements! You need to have earned enough wages in your base period or you won't qualify at all. I think it's like $3,000 in total and $1,000 in your highest quarter.

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I think I should be okay on that front since I worked full-time for over a year before being laid off.

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Yeah you should be fine then. It's mainly an issue for people who haven't worked much recently.

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Immigration status can also be a disqualifying factor. You need to be authorized to work in the US to receive unemployment benefits.

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I'm a US citizen so that shouldn't be an issue for me.

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Physical or mental health issues can sometimes complicate things too. If you're not able to work due to illness, you might not meet the 'able and available' requirement.

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But there are some exceptions for this, right? Like if you're temporarily unable to work?

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It depends on the situation. Sometimes they'll put your claim on hold rather than disqualify you completely.

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THE SYSTEM IS RIDICULOUS! They'll find any excuse to deny your claim. I got disqualified because I couldn't prove I was looking for work during the week I was in the hospital. Like seriously?!

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That sounds like something you could appeal. Medical emergencies are usually considered good cause for not job searching.

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I did appeal and won eventually, but it took months and was super stressful.

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Just make sure you read all the paperwork they send you carefully. I almost got disqualified because I missed a deadline for responding to a request for information.

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Good advice! I'll make sure to stay on top of any correspondence from Washington ESD.

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Set up email notifications if you can. Sometimes the mail is slow and you might miss important deadlines.

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If you're worried about getting disqualified, another option is to use Claimyr to talk to an agent and get clarity on your specific situation. Way better than guessing or getting bad advice online.

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I might try that if I run into any issues. Thanks for all the helpful info everyone!

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Good luck with your claim! Sounds like you should be fine since you were laid off through no fault of your own.

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One last thing - make sure you file your weekly claims on time every week even if you think you might not qualify. Missing those deadlines can create problems even if you're ultimately eligible.

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Will do! I've been filing them regularly so far.

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Perfect. That's the most important thing to stay consistent with.

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