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Beatrice Marshall

When are you entitled to unemployment benefits in Washington state?

I'm trying to figure out if I qualify for unemployment benefits through Washington ESD. My last job ended two months ago under circumstances I'm not sure about, and I keep getting conflicting information about eligibility requirements. I worked for 18 months at a retail company but got fired for what they called 'performance issues' though I think it was really because I complained about unsafe working conditions. I've been searching for work but haven't found anything yet. Does anyone know the specific requirements for being entitled to unemployment in Washington? I'm worried I might not qualify because of how my job ended.

The basic requirements are pretty straightforward - you need to have worked enough hours in your base period (usually the first 4 of the last 5 completed calendar quarters), be unemployed through no fault of your own, be able and available for work, and actively seeking employment. Since you worked 18 months, you should meet the work requirement. The key question is whether your termination was for misconduct.

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What exactly counts as misconduct though? They said performance issues but I feel like they were retaliating against me for safety complaints.

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Performance issues alone usually don't count as misconduct unless it was willful neglect. If you have documentation of your safety complaints, that could actually help your case since retaliation for safety concerns isn't misconduct.

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You should definitely apply even if you're unsure about qualifying. Washington ESD will review your case and make the determination. If they deny you initially, you can always appeal. I was denied first but won on appeal when I provided more documentation about my termination.

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How long did the appeal process take? I'm already two months without income and getting desperate.

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Mine took about 6 weeks total, but that was during a busy period. The key is to file your initial claim right away even while you're gathering documentation.

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I had a similar situation where I was terminated but wasn't sure if I qualified. Trying to get through to Washington ESD by phone was impossible - kept getting busy signals or hung up on after waiting hours. Finally found this service called Claimyr at claimyr.com that helped me get connected to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Was able to get my questions answered about eligibility without the usual phone nightmare.

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How much does that cost though? I'm already broke from being unemployed.

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It's worth it to get accurate information about your claim rather than guessing. Way less stressful than trying to call Washington ESD directly and getting nowhere.

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Never heard of that service before. Did they actually help you get approved or just connected you to someone?

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They just help with getting through to Washington ESD agents. The agent I talked to explained exactly what documentation I needed for my specific situation.

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For Washington state, you're entitled if you meet the monetary requirements (earned at least $5,265 in your base period with earnings in at least two quarters), were separated from work through no fault of your own, and meet the ongoing requirements like job search. Your situation sounds like it could go either way depending on the specifics of your termination.

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I definitely made more than that amount. What kind of documentation should I gather about my termination?

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Any emails about the safety complaints you made, your termination letter, performance reviews, witness statements if possible. Anything that shows the real reason for termination versus what they claimed.

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honestly the whole system is rigged against workers anyway. they make you jump through hoops and then deny claims for ridiculous reasons. i got denied because apparently missing one day of work due to a family emergency was 'misconduct' even though i called in. had to fight it for months.

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That's frustrating but not typical. Usually single attendance issues don't rise to the level of misconduct unless it's part of a pattern or you were warned about attendance specifically.

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well that's what they told me. maybe i should have appealed harder but by then i found another job so whatever

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The key thing about entitlement is that you have to be unemployed through no fault of your own. This includes being laid off, fired for reasons other than misconduct, or quitting for good cause. Performance issues usually don't count as misconduct unless the employer can prove it was willful or you ignored repeated warnings. Safety retaliation definitely isn't misconduct on your part.

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What counts as 'good cause' for quitting? I almost quit before they fired me because of the unsafe conditions.

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Good cause includes unsafe working conditions that the employer refuses to address after you've reported them. If you had documented the safety issues and they didn't fix them, that could have been good cause to quit.

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Don't overthink it - just apply! The worst thing that happens is they deny you and you appeal. I was convinced I wouldn't qualify because I was fired but it turned out my employer couldn't prove misconduct. Got approved after the initial review. You have nothing to lose by applying.

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This is good advice. Washington ESD has to prove misconduct, not the other way around. If there's any doubt, they usually give you the benefit of the doubt.

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Thanks, that makes me feel better about applying. I was worried they'd automatically deny me because I was fired.

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Make sure you understand the ongoing requirements too. You'll need to file weekly claims, register with WorkSourceWA, conduct job search activities, and report any work or income. The entitlement isn't just about initial eligibility - you have to maintain it every week.

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How many job applications do you have to do each week?

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At least three job search activities per week, which can include applications, interviews, networking events, job fairs, etc. You have to keep a log and be ready to provide it if requested.

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Been through this process twice and the biggest thing is having your documentation ready. Employment letters, pay stubs, anything that shows your work history and the circumstances of your separation. Washington ESD will request information from your employer too, so they'll get both sides of the story.

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How long does it usually take to get a decision after you apply?

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If there are no issues, usually 2-3 weeks. If they need to investigate your separation like in your case, it could take 4-6 weeks for the adjudication process.

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I was in almost the exact same situation last year. Fired for 'performance' but really it was because I filed a complaint with L&I about safety violations. Applied for unemployment and was initially denied, but appealed with all my documentation about the safety complaints. Won the appeal and got back pay for the weeks I was denied. Don't give up if you get an initial denial.

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That gives me hope! I do have emails showing I reported the safety issues multiple times before they fired me.

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Those emails will be crucial evidence. Make sure you have copies of everything because Washington ESD will want to see the timeline of events.

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Just a heads up that even if you qualify, there's usually a one-week waiting period before you can receive benefits. So don't expect payment right away even if approved immediately. Also make sure to file your weekly claims on time every week or you could lose benefits for those weeks.

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When do you file the weekly claims? Is it the same day each week?

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You can file starting Sunday for the previous week. Most people file Sunday or Monday. Just don't wait until the last minute in case there are technical issues with the website.

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Another option if you're having trouble reaching Washington ESD is using that Claimyr service someone mentioned earlier. I used it last month when I had questions about my claim status and couldn't get through on the phone. Worth checking out their demo video to see if it might help with your situation.

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Is that service legitimate? Seems weird to pay someone to help you call a government agency.

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It's legit - they just help you get connected to actual Washington ESD agents when the phones are swamped. Saved me hours of trying to call myself.

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The bottom line is you're entitled to unemployment if you meet the work requirements, lost your job through no fault of your own, and can work. Based on what you described, you have a decent chance of qualifying, especially with the safety complaint angle. File the claim and let Washington ESD make the determination.

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Thanks everyone for all the advice. I'm going to gather my documentation and file the claim this week.

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Good luck! Remember that even if you get denied initially, you can always appeal. Don't give up if you truly believe you were wrongfully terminated.

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One more thing - if you do get approved, make sure you understand your benefit amount and duration. In Washington, you can receive up to 26 weeks of benefits, and the amount is based on your earnings during the base period. There's a calculator on the Washington ESD website to estimate your weekly benefit amount.

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I'll check that out. Hopefully it will be enough to cover my basic expenses while I job search.

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It's typically about 60-70% of your average weekly wage, up to the maximum weekly benefit amount. Every little bit helps when you're unemployed.

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Pro tip: when you file your initial claim, be completely honest about the circumstances of your termination. Don't try to hide anything or sugarcoat it. Washington ESD will find out the truth anyway when they contact your employer, and being dishonest could hurt your credibility.

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This is so important. I've seen people get denied just because they weren't upfront about why they were fired, even when they would have qualified if they'd been honest.

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Good point. I'll make sure to explain the whole situation accurately, including the safety complaints I made.

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Xan Dae

Also remember that while you're waiting for your claim to be processed, you should still be actively job searching and keeping records. If you get approved, they might ask for your job search log going back to when you first filed. Don't wait until you're approved to start looking for work.

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I've been looking but not keeping detailed records. What kind of information should I track?

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Xan Dae

Date, employer name, position applied for, method of contact, and any follow-up. Keep it simple but detailed enough to show you're making genuine efforts to find work.

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