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Marina Hendrix

What would disqualify you from getting Washington ESD unemployment benefits?

I'm thinking about filing for unemployment but want to make sure I won't get disqualified. I left my last job because my boss was making the workplace really hostile and I couldn't take it anymore. I didn't get fired exactly, I just walked out one day. Will Washington ESD consider this voluntary quit and deny my claim? What other things would automatically disqualify someone from getting UI benefits? I want to know before I waste time filing.

The main disqualifications for Washington ESD unemployment are: voluntary quit without good cause, being fired for misconduct, refusing suitable work, not being able and available for work, and not meeting job search requirements. Your situation might qualify as 'good cause' if you can document the hostile work environment.

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How do I document a hostile work environment? I have some text messages from coworkers about it but nothing official.

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Text messages can help, but you'll need to provide detailed statements about specific incidents, dates, and any witnesses. Washington ESD looks for a pattern of behavior that would make any reasonable person quit.

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Other disqualifications include being in the country illegally, being in prison, receiving certain types of pension payments, and not registering with WorkSourceWA. Also if you're a student taking more than 12 credit hours you might not qualify.

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Wait, what about the WorkSourceWA thing? I filed my claim but haven't registered there yet.

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You need to register with WorkSourceWA within a reasonable time after filing. It's part of the work search requirement. Don't wait too long or it could affect your benefits.

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I got disqualified for 'misconduct' even though I was just 5 minutes late a few times. Washington ESD is really strict about attendance issues. If you had any write-ups or warnings at your job, they might use that against you.

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That's scary. I had one verbal warning about being on my phone too much but nothing written down.

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Verbal warnings usually aren't enough for misconduct disqualification unless there's a clear pattern. Washington ESD needs substantial evidence of willful or wanton disregard of employer's interests.

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If you're having trouble getting through to Washington ESD to ask about your specific situation, I found this service called Claimyr at claimyr.com that helps you actually reach an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Really helped me get answers about my disqualification appeal.

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Is that one of those services that charges you? I'm already broke, can't afford to pay someone to make phone calls for me.

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They do charge but it was worth it for me since I spent weeks trying to get through on my own. The peace of mind knowing I could actually talk to someone was huge.

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Don't forget about the earnings disqualification. If you make too much money in part-time work while collecting, they'll reduce or stop your benefits. It's not exactly a disqualification but it can mess up your payments.

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How much is too much? I might need to do some freelance work to make ends meet.

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You can earn up to your weekly benefit amount minus $5. Anything over that gets deducted dollar for dollar from your unemployment check.

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And you HAVE to report all earnings when you file your weekly claim or that's fraud and they'll disqualify you permanently.

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What about if you get fired for poor performance vs misconduct? Is there a difference for Washington ESD?

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Yes, huge difference. Poor performance or inability to do the job isn't disqualifying misconduct. Misconduct has to be willful violation of company rules or standards.

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That's what I should have argued in my case. I wasn't willfully late, I just had car problems. But I didn't know the difference then.

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Another thing - if you're collecting Social Security retirement benefits, that can affect your UI eligibility. Not necessarily disqualify but they might reduce your weekly amount.

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Good thing I'm nowhere near retirement age yet!

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Also workers comp payments can affect eligibility. Washington ESD looks at any income replacement benefits you're receiving.

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The job search requirement trips up a lot of people. You have to make 3 job contacts per week and keep detailed records. Miss a week of job searching and they can disqualify you.

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What counts as a valid job contact? Just applying online or do you need to actually talk to someone?

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Online applications count but you need to keep detailed records - company name, position, date, method of contact. They can audit your job search log anytime.

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Also attending job fairs, networking events, or interviews count as job search activities. Just make sure you document everything properly.

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I got temporarily disqualified for not being 'able and available' when I had surgery. Even though it was just outpatient, Washington ESD said I couldn't actively seek work during recovery.

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How long were you disqualified for?

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Just two weeks, but I had to get a doctor's note saying I was cleared to return to work before they'd restart my benefits.

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Drug testing failure can disqualify you too, especially if it's related to why you were fired. Washington ESD considers that misconduct.

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What if you're using medical marijuana legally?

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That's tricky. Even if it's legal medically, if your employer had a zero tolerance policy and fired you for it, Washington ESD might still consider it misconduct.

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The 'suitable work' thing is confusing. They can disqualify you for refusing a job offer, but what makes a job 'suitable'? Anyone know the specifics?

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Suitable work considers your skills, experience, wage history, and commuting distance. Early in your claim, you can be more selective. After several weeks, the standards lower.

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So I don't have to take a minimum wage job right away if I was making $25/hour?

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Correct, especially in the first few weeks. But eventually you may need to accept lower wages if that's what's available in your field.

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Immigration status matters too. You need work authorization to collect UI benefits. Green card holders are fine but people on certain visas might not qualify.

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I'm a US citizen so that's not an issue for me, but good to know.

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Here's something most people don't know - if you start receiving a pension from your last employer, that can reduce or eliminate your UI benefits even if you're not retirement age.

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Really? Even if the pension is small?

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Yes, Washington ESD deducts the weekly pension amount from your UI benefits. If the pension is larger than your weekly benefit amount, you get nothing.

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Just want to mention Claimyr again since some people were asking about getting through to Washington ESD. I used them twice now when I had questions about my eligibility and disqualification issues. Way better than spending hours on hold.

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Did they actually help resolve your issues or just get you connected?

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They got me through to an actual adjudicator who explained exactly why I was disqualified and what I needed to do to appeal. Saved me weeks of confusion.

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One more disqualifier - if you're attending school full-time (more than 12 credits), Washington ESD considers you not available for work. Part-time school is usually okay though.

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What about online classes or night school?

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As long as your class schedule doesn't interfere with your availability for full-time work, it should be fine. But you still need to report it to Washington ESD.

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The fraud thing is huge. Even small mistakes in reporting can lead to permanent disqualification if Washington ESD thinks you did it intentionally. Always be completely honest on your weekly claims.

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That's terrifying. What if you make an honest mistake?

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Honest mistakes can usually be corrected, but you need to report them as soon as you realize the error. The longer you wait, the more suspicious it looks.

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Exactly. Washington ESD distinguishes between innocent errors and intentional fraud based on the circumstances and your response when discovered.

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Labor disputes can also disqualify you. If you're out of work due to a strike or lockout, you might not be eligible for benefits until the dispute is resolved.

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What if you're not part of the union but still can't work because of the strike?

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That's more complicated. Washington ESD looks at whether you're directly involved in the dispute or just affected by it. Non-union workers might still qualify in some cases.

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Military discharge status can affect eligibility too. Dishonorable discharge might disqualify you from UI benefits, but most other discharge types are fine.

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I'm not military but that's good information for veterans to know.

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Bottom line - Washington ESD has a lot of potential disqualification reasons, but most people who lose their job through no fault of their own will qualify. The key is being honest about your situation and following all the requirements.

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Thanks everyone for all this information. I think I'll go ahead and file since my situation might qualify as good cause for quitting. At least now I know what to expect.

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Good luck! Remember to document everything about your hostile work environment situation. The more evidence you have, the better your chances of avoiding a disqualification.

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And if you need to talk to someone at Washington ESD about your specific case, definitely consider using Claimyr. It's so much easier than trying to get through the regular phone lines.

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