What is considered misconduct for unemployment benefits in Washington ESD?

The good news is that not everything an employer calls 'misconduct' actually meets Washington ESD's definition. For it to be disqualifying misconduct, it generally has to be willful or wantonly negligent behavior that violates your employer's interests. Being late due to childcare issues probably won't count as misconduct, especially if you were trying to resolve the situation. The phone use and argument might be more questionable depending on the specifics.

Washington ESD has specific criteria for misconduct. It has to be willful or wantonly negligent behavior that violates your employer's interests. Simply being late occasionally due to childcare usually isn't considered misconduct unless you had multiple warnings and refused to address the issue. The key is whether your actions were deliberate and harmful to your employer.

Misconduct for Washington ESD purposes is pretty specific. It has to be willful or wanton disregard of your employer's interests, or deliberate violation of workplace rules. Being late due to car trouble usually isn't considered misconduct, especially if you were trying to resolve the transportation issues. The argument with a coworker might be more concerning depending on what was said and if it violated company policy.

Misconduct for Washington ESD purposes is pretty specific - it has to be willful or wantonly negligent behavior that violates your employer's reasonable expectations. Being late occasionally usually isn't enough unless it was chronic and you were warned multiple times. Did you receive any written warnings about attendance?

I had a similar situation and Washington ESD sided with me. The employer has to prove misconduct, not just claim it. Things like theft, fighting, deliberate violation of safety rules - that's misconduct. Being late due to circumstances beyond your control is different. Make sure you document everything about your childcare situation when you file your appeal.

Misconduct for Washington ESD has to be pretty serious - it's not just being late or having workplace conflicts. They need to prove you willfully violated company policy or did something that harmed the employer. Being late due to childcare issues usually isn't considered misconduct, especially if it wasn't excessive.

I went through something similar last year. Washington ESD looks at whether the behavior was connected to work and if it was intentional. They also consider if you were given warnings and opportunity to improve. Since you only got written up twice and weren't on formal probation, that might work in your favor.

You should definitely file for unemployment regardless of what your employer says. Let Washington ESD make the determination about misconduct. I've seen cases where employers claim misconduct but the worker still gets approved because it didn't meet the legal standard.

You should definitely file your claim regardless. Even if there's a question about misconduct, Washington ESD will do an investigation during adjudication. If you've been having trouble reaching them during the process, I found claimyr.com really helpful for getting through to an actual agent when I needed to provide additional information. They have a service that helps you connect with Washington ESD representatives without waiting on hold forever. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

I went through something similar last year. Washington ESD looks at whether your actions were deliberate violations of company policy or if you just made mistakes. They also consider if the employer's rules were reasonable and clearly communicated.

Washington ESD looks for "deliberate misconduct" - things like theft, violence, drug use at work, or willfully refusing to follow reasonable work rules. Attendance issues can be misconduct if they're excessive and you ignored warnings, but it depends on the circumstances. Child care problems are often considered beyond your control.

I went through something similar last year. Got fired for what my boss called insubordination but it was really just me questioning a policy change during a team meeting. Washington ESD approved my claim after reviewing the details. The burden is on the employer to prove misconduct, not on you to prove innocence.

I had a similar situation last year where I got called in for an adjudication interview because my employer claimed misconduct. The Washington ESD adjudicator asked really detailed questions about company policies, whether I knew about the rules I supposedly violated, and if I had any warnings. If you can show you were trying to fix the lateness issue and that phone use wasn't against clear company policy, you might be okay.

If you're having trouble getting through to Washington ESD to discuss this or check your claim status, I found this service called Claimyr that helped me connect with an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me from spending hours on hold trying to get clarification on my misconduct issue.

If you're having trouble getting through to Washington ESD to discuss your misconduct determination, I found this service called Claimyr that helps you actually reach an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ. It really helped me when I was stuck in adjudication for weeks.

Washington ESD looks at misconduct pretty strictly. They consider things like: willful disobedience, violation of company policies after warnings, theft, dishonesty, fighting, deliberate damage to property, or being under the influence at work. Attendance issues can be misconduct if there's a clear pattern of violations after multiple warnings and you had the ability to correct the behavior.

I got fired for 'misconduct' too and it turned out my employer was just trying to avoid paying higher unemployment taxes. Washington ESD denied their misconduct claim because they couldn't prove I acted willfully. Don't let them intimidate you - fight it if you think they're wrong!

One thing to know is that Washington ESD will look at whether you had control over the situation. Childcare emergencies are generally considered beyond your control, especially if you were making good faith efforts to resolve the issue. Did you try to find backup childcare or adjust your schedule?

Washington ESD misconduct standards are actually pretty high. They need to prove you acted with deliberate intent to harm the employer or willfully disregarded their interests. Simple poor performance or isolated incidents usually don't qualify.

The Washington ESD adjudicator will also look at whether the employer's rules were reasonable and clearly communicated. If they didn't have a clear attendance policy or didn't follow progressive discipline, that works in your favor. Misconduct has to be connected to work performance or workplace rules.

Washington ESD has pretty strict guidelines about what counts as misconduct. Generally it needs to be something like theft, violence, drug use at work, or repeatedly violating clear company policies after warnings. Attendance issues can be tricky - if you were chronically late without good reason that might count, but legitimate transportation problems usually don't.

The misconduct standard in Washington is pretty high. It has to be more than just poor performance or isolated incidents. They look for a pattern of willful disregard for your employer's interests. A few tardies and minor phone use probably won't rise to that level, especially with the childcare explanation.

If you're having trouble reaching Washington ESD to get answers about your specific situation, I found this service called Claimyr that helps people get through to ESD agents faster. They have a video demo at https://youtu.be/7DieNd3C7zQ and their website is claimyr.com. Might be worth checking out if you need to talk to someone directly about the misconduct question.

I'm dealing with a misconduct determination right now too. My employer claimed I was insubordinate but really I was just questioning a safety procedure that seemed dangerous. Washington ESD is still investigating but I'm hoping they see it wasn't willful misconduct.

ugh this is so frustrating!! I got denied for 'misconduct' because I was sick too many times and they said I didn't follow proper call-in procedures. Even though I was actually sick! The system is so unfair sometimes.

File anyway!! The worst they can say is no. I thought I was disqualified because I got fired for missing too much work when my dad was in the hospital, but Washington ESD said it wasn't misconduct because it was due to family circumstances beyond my control.

this is exactly why the unemployment system is broken!! employers can just claim whatever they want and then you have to prove them wrong. meanwhile you're sitting there with no income waiting for some bureaucrat to decide if you deserve help. the whole thing is designed to keep people from getting benefits they paid into

UGH the whole misconduct thing is such BS. My employer claimed I was late too many times but I had legitimate reasons every time - childcare issues, car trouble, etc. Washington ESD still denied my first claim and I had to appeal.

same thing happened to me, employer said i was terminated for misconduct but really they just wanted to avoid paying higher unemployment taxes

Make sure you document everything about your termination. Get a copy of your personnel file if possible, save any emails about the childcare situation, and write down the details of what happened while it's fresh in your memory. If this goes to an adjudication hearing, you'll want all that documentation.

Washington ESD misconduct has specific legal definitions. It has to be a willful act that shows disregard for the employer's interests. Simple negligence, good faith errors, or attendance issues due to circumstances beyond your control typically don't qualify. The employer has to provide documentation proving misconduct occurred.

ugh this whole system is so confusing. I got denied for misconduct last year because I called in sick too many times but it turned out I was actually eligible and had to appeal. took forever to get my benefits.

I went through something similar and ended up getting approved after initially being denied. The key was showing that I didn't willfully violate company policy. Washington ESD looks at your intent and whether you had good cause for your actions. Childcare issues are definitely considered good cause for tardiness.

If Washington ESD does find misconduct initially, remember you can appeal within 30 days. The appeal hearing gives you a chance to present your side of the story to an administrative law judge. Many misconduct determinations get overturned at the appeal level when people can tell their full story.

When you file your claim, make sure to be completely honest about what happened but also explain your side of the story. Washington ESD will contact your employer for their version, but you'll have a chance to provide your perspective during the adjudication process.

Just file and see what happens. You never know until you try. Worst case scenario you get denied and can appeal.

The key thing to remember is that Washington ESD has to prove misconduct - you don't have to prove you weren't guilty of it. Being late occasionally due to childcare issues is very different from being late because you're partying or just don't care about your job.

For what it's worth, Washington ESD misconduct determinations look at several factors: whether the act was connected to work, whether it was willful or deliberate, whether it harmed the employer's interests, and whether you were aware the behavior could lead to discharge. Based on what you've described, you might have a good case for getting benefits.

honestly just file and see what happens. worst case they deny you and you appeal. but don't let your employer's claims stop you from even trying. companies lie about this stuff all the time to avoid paying higher unemployment taxes

I had a friend who got fired for being late a bunch of times and still got unemployment. It really depends on the specific circumstances and how Washington ESD interprets the situation.

Here are the main categories Washington ESD considers misconduct: theft, violence, drug/alcohol use at work, deliberate violation of safety rules, chronic absenteeism after warnings, insubordination, and criminal activity related to work. Your situation doesn't seem to fit any of these.

The adjudication process can take a while, so file your claim as soon as possible. Even if there are questions about misconduct, you want to get the process started. And definitely keep all your documentation about the car troubles - receipts for repairs, towing bills, anything that shows you were dealing with legitimate transportation issues.

honestly the whole misconduct thing is so subjective. I've seen people get denied for ridiculous reasons and others get approved when you'd think they wouldn't. Just depends on who reviews your case I guess.

I used to work in HR and most misconduct claims from employers don't hold up unless there's clear documentation. A lot of companies just check the misconduct box hoping to avoid the unemployment hit.

Washington ESD has specific criteria for misconduct and it's not as broad as employers sometimes claim. They look for things like theft, violence, illegal drug use, excessive absenteeism after warnings, or deliberate violations of safety rules. Your situation sounds more like attendance issues with legitimate reasons rather than true misconduct.

If you do end up needing to talk to Washington ESD about your case, I'd recommend checking out Claimyr. I found out about them when I was having trouble getting through to anyone at Washington ESD about my adjudication. They have a service that helps you actually reach a live agent instead of getting stuck in phone hell. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

Just want to mention Claimyr again - when my claim was in adjudication for misconduct, I needed to speak with an actual Washington ESD agent to provide my side of the story. That service made it so much easier to get through than trying to call myself. Really saved me a lot of stress during an already difficult time.

Just remember that even if your employer contests your claim, you can still receive benefits while the adjudication is pending in most cases. Don't wait to file - you can always fight the misconduct determination later if needed.

Washington ESD has to prove misconduct by a preponderance of evidence. That means they need more evidence supporting misconduct than not. If it's just your word against theirs without documentation, you're likely to win.

Something else to consider - even if there was some policy violation, Washington ESD looks at whether termination was the appropriate response. If other employees had similar attendance issues but weren't fired, that could show the employer treated you unfairly.

I'm dealing with a similar situation right now - got fired for what they called misconduct but I think it's bogus. Been trying to reach Washington ESD for two weeks to discuss my case but their phone lines are impossible. Might have to try that Claimyr service someone mentioned earlier.

One more thing - if you do get into adjudication and need to provide additional information or clarify something with Washington ESD, don't waste time trying to get through on the regular phone lines. I spent literally days trying to reach someone before I found claimyr. Now I use it whenever I need to actually talk to a Washington ESD representative.

I've been through this process and the most important thing is to be completely honest about what happened. Washington ESD adjudicators are trained to spot inconsistencies and if they catch you in a lie, that definitely works against you. Tell your side of the story truthfully and let them make the determination.

WASHINGTON ESD MAKES IT SO HARD TO REACH THEM WHEN YOU NEED TO DISCUSS THESE THINGS! I've been trying to get clarification on my own misconduct issue for weeks. The phone system is terrible and they never respond to messages through the online portal.

Been there. My employer claimed misconduct but Washington ESD saw right through it during the fact-finding process. They ask both sides for detailed information and make their determination based on the evidence.

File your claim as soon as possible even if you're not sure about the misconduct issue. There's a waiting period anyway, and you want to get the process started. Washington ESD will investigate and make the determination based on the facts, not just what your employer claims.

Examples of actual misconduct that would disqualify you: theft, fighting at work, drug/alcohol use on the job, repeatedly refusing direct orders, harassment, or deliberately damaging company property. Your situation doesn't sound like any of these serious violations.

File the claim! Being late because of car trouble usually isn't misconduct, especially if you were trying to fix the problem. The argument with your coworker might be more of an issue depending on what was said, but if it was just a heated discussion about work it probably doesn't rise to the level of misconduct.

The burden of proof is on the employer to show misconduct. Washington ESD doesn't just take their word for it. They investigate and give you a chance to respond to any allegations.

File your claim online as soon as possible. The sooner you get in the system, the sooner you can start receiving benefits if you're approved. Don't let your employer's misconduct claims delay you from filing - that's exactly what they want.

For what it's worth, Washington ESD tends to be pretty fair about misconduct determinations in my experience. They really do look at all the facts and don't just take the employer's word for it. If your situation was truly about childcare issues and not willful behavior, you should be fine.

Make sure when you file your weekly claims you mention that you're disputing the misconduct allegation. Don't just skip filing because you're worried about the determination. You want to preserve your right to back benefits if the misconduct finding gets overturned.

If washington esd does deny your claim initially, don't panic. You can appeal and often win at the hearing level even if the initial determination goes against you.

Keep in mind that even if there was some misconduct, Washington ESD looks at whether it was severe enough to warrant disqualification. Minor policy violations usually result in warnings, not termination for misconduct.

I had a friend who got fired for 'attitude problems' and the employer tried to claim misconduct. Washington ESD approved her benefits because personality conflicts aren't misconduct unless they involve harassment or insubordination.

When I was dealing with a potential misconduct issue last year, I used Claimyr to get through to Washington ESD and speak with someone directly about my case. The agent was able to look at my file and give me specific guidance about what documentation would help my case.

Washington ESD misconduct determinations are actually pretty fair if you look at the statistics. Most frivolous misconduct claims get denied and legitimate ones get approved for benefits.

Document everything you can remember about your employment and termination. Dates, witnesses, any communications with your supervisor. If it goes to appeal, you'll want all that information organized.

The fact that you're worried about this probably means you didn't commit misconduct. People who actually engage in workplace misconduct usually know they did something wrong.

One last thing - make sure you keep filing your weekly claims even while the misconduct determination is pending. You can't get back pay for weeks you didn't file, even if you're eventually approved.

I had a misconduct case that took 6 weeks to resolve but Washington ESD ultimately ruled in my favor. The key was showing that my actions weren't willful and that I was trying to address the underlying issues. Your childcare situation sounds very similar to what worked for me.

One more thing - if you do end up needing to contact Washington ESD about your case, that Claimyr service really does work. I was skeptical at first but it saved me so much time and frustration. The video demo at https://youtu.be/7DieNd3C7zQ shows exactly how it works if you want to check it out.

I work in HR and deal with unemployment claims regularly. What you described - occasional lateness due to childcare and a workplace disagreement - typically wouldn't meet Washington ESD's misconduct threshold. We've had claims denied for misconduct only in cases involving theft, no-shows without notice, or serious policy violations.

Don't let them intimidate you into not filing. I almost didn't apply because my boss said I was fired for cause, but it turned out he was wrong about what constitutes misconduct. Got my benefits and it helped me get back on my feet while job hunting.

One more thing - if Washington ESD does initially deny your claim for misconduct, don't panic. The appeal process exists for a reason and many misconduct denials get overturned when the full story comes out. Having childcare documentation might help your case if it comes to that.

Make sure you file your weekly claims even if your initial claim is under adjudication for the misconduct question. You don't want to miss out on benefits for weeks you should have been paid if you end up getting approved.

I work in HR and see these situations a lot. What you're describing - occasional lateness due to car trouble and one workplace argument - probably doesn't meet the legal standard for misconduct that would disqualify you from unemployment benefits. File your claim and provide your documentation.

Just went through this myself. Got fired for 'attitude problems' but Washington ESD approved my claim because having a bad attitude isn't the same as misconduct. The key is whether your actions were deliberate and harmful to the employer.

Don't let the employer's claim of 'misconduct' scare you off from filing. They often use that term loosely hoping it will discourage you from applying for benefits. Washington ESD has specific legal criteria that must be met.

File ASAP! Even if there's a misconduct issue to resolve, you want to get your claim date established. The adjudication process will sort everything out, and if you're approved you'll get paid back to your filing date.

Keep us posted on how it goes! Always interested to hear how these misconduct cases turn out.

The fact that you're being thoughtful about this and trying to understand the rules shows you're acting in good faith. That's exactly the kind of thing Washington ESD looks for when evaluating misconduct claims.

Based on what you've described, this doesn't sound like misconduct under Washington ESD's standards. Being late due to car troubles is generally considered beyond your control, especially since you communicated with your supervisor about the issues. One heated discussion with a coworker about work matters typically isn't enough to constitute misconduct either, unless threats were made or company policy was clearly violated. The key factor Washington ESD looks for is whether your actions were willful and showed deliberate disregard for your employer's interests. Having legitimate transportation issues and trying to resolve them shows good faith effort on your part. I'd definitely recommend filing your claim - let Washington ESD make the determination rather than assuming you're disqualified based on your employer's claims.