What is considered misconduct for unemployment in Washington ESD claims?

Washington ESD has pretty specific guidelines for misconduct. It has to be willful or wanton disregard of your employer's interests, or deliberate violation of workplace rules. Being late occasionally due to childcare usually isn't misconduct unless you were warned multiple times and kept doing it anyway.

I went through this same thing last year. My employer claimed I was fired for misconduct but Washington ESD approved my benefits after the adjudication process. They really investigate whether it was truly misconduct or just poor performance.

The key thing is Washington ESD distinguishes between misconduct and just being a bad employee. Misconduct requires intent to harm the employer or deliberately breaking rules you knew about. Poor performance, personality conflicts, or isolated incidents usually don't count.

If you're having trouble getting through to Washington ESD to check on your claim status, I used a service called Claimyr that helped me actually reach an agent. They have this system that calls repeatedly until they get through - saved me hours of trying. You can check it out at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

washington esd usually looks at these factors for misconduct: theft, violence, harassment, excessive absences after warnings, insubordination, drug/alcohol use at work, or deliberately violating safety rules. sounds like your situation might not meet their threshold

I know someone who was denied for misconduct initially but appealed and won. The employer claimed he was insubordinate but he proved it was actually constructive criticism about safety issues. Washington ESD sided with him after reviewing all the evidence.

The Washington ESD adjudicators are pretty thorough. They'll look at your work history, any progressive discipline, company policies, and whether you had a chance to correct the behavior. Single incidents rarely qualify as misconduct.

Something to keep in mind - even if your employer claims misconduct, Washington ESD makes their own independent determination. Employers sometimes exaggerate to avoid paying higher unemployment taxes.

ugh the whole misconduct thing is so stressful! i was worried about the same thing when i got fired but turned out my employer couldn't prove it was actually misconduct. washington esd approved my benefits after like a month of waiting

One more thing - if you're concerned about the misconduct determination, make sure to file your weekly claims while you're waiting. Even if there's a hold on your account for adjudication, you need to keep certifying to maintain your claim.

Just to circle back on getting through to Washington ESD - I mentioned Claimyr earlier and it really did help me speak to someone about my misconduct concern. Sometimes talking to an actual person can clarify things faster than waiting for the written determination.

remember that washington esd has to prove misconduct, not the other way around. the burden of proof is on them and your employer to show it was willful violation of company policy or deliberate harm to the employer's interests

From what you described - occasional lateness due to childcare and one scheduling disagreement - it really doesn't sound like misconduct under Washington ESD standards. Those are pretty common workplace issues that don't rise to the level of willful disregard.

If you do get approved after the misconduct review, make sure to keep up with your work search requirements. Washington ESD requires proof that you're actively looking for work - usually 3 work search activities per week.

honestly the whole system is confusing but once you get approved it's pretty straightforward. just keep filing weekly and looking for work. the misconduct thing was scary but worked out fine for me

One last tip - if Washington ESD does find misconduct (which seems unlikely in your case), you can still potentially qualify for benefits after a certain disqualification period. It's not necessarily a permanent denial, depending on the severity.

Keep us posted on how it turns out! I'm betting you'll get approved once Washington ESD completes their review. Your employer's claim of misconduct sounds pretty weak based on what you've described.

Final thought - if you need to speak to Washington ESD about anything related to your misconduct determination, Claimyr really is worth trying. The peace of mind from talking to an actual person is huge when you're dealing with something this important for your financial security.

good luck with everything! based on what you shared, i'd be surprised if washington esd denies your benefits. they really do try to be fair about these misconduct determinations and your situation sounds pretty reasonable

Just remember to check your SecureAccess Washington account regularly for updates on your claim status. Washington ESD will post their determination there first, and you'll get a written notice in the mail with the full explanation of their decision.

I went through a similar misconduct review with Washington ESD about 8 months ago. My employer claimed I was fired for poor attitude and insubordination, but it was really just disagreements about unrealistic deadlines and understaffing issues. Washington ESD approved my benefits after about 3 weeks of review. They seemed to understand that workplace conflict doesn't automatically equal misconduct. The key thing that helped my case was showing that I tried to resolve issues through proper channels first - like emailing HR about my concerns. Do you have any documentation of trying to address the childcare/scheduling issues with your employer before they escalated?