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Yara Nassar

When can an employee claim unemployment benefits in Washington state?

I'm trying to understand the basic eligibility rules for filing an unemployment claim in Washington. My company has been cutting hours and I'm worried about potential layoffs. What are the main situations where someone can actually qualify for Washington ESD benefits? I know you have to be unemployed through no fault of your own, but what does that really mean? Are there specific circumstances that automatically qualify you versus ones that would disqualify you? Any guidance would be helpful since I want to be prepared.

The main qualifying situations for Washington ESD unemployment benefits are: laid off due to lack of work, position eliminated, company downsizing, seasonal work ending, or being discharged for reasons other than misconduct. You generally CAN'T qualify if you quit without good cause, were fired for misconduct, or are on strike. You also need to have earned enough wages in your base period and be able and available for work.

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Thanks! What exactly counts as 'good cause' for quitting? And how do they determine if you have enough wages?

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Good cause includes things like unsafe working conditions, harassment, significant changes to job duties or pay, or domestic violence situations. For wages, you need at least $1,000 in your highest quarter and total wages of at least 1.25 times your highest quarter amount during your base period.

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You can also claim if you're working reduced hours - that's called partial unemployment. If your hours get cut significantly, you might still qualify for some benefits even while working part-time. Washington ESD has a formula for calculating partial benefits based on your reduced earnings.

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This is exactly my situation! My hours got cut from 40 to 20 per week. How do I know if I qualify for partial benefits?

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You'd file a regular unemployment claim and report your weekly earnings. Washington ESD will calculate if you're eligible for partial benefits. Generally, if you earn less than 1.5 times your weekly benefit amount, you might qualify for some payment.

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Don't forget about temporary layoffs! If your employer says you'll be called back within a specific timeframe, you can usually claim benefits during that waiting period. Just make sure you're still able and available for work and doing your job search activities.

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Wait, do you still have to job search if you're on temporary layoff and expecting to be called back?

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Yes, you still need to meet the job search requirements unless you're on standby status, which is different. Most temporary layoffs don't qualify for standby, so you'd need to do your three job search activities per week.

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One thing that really helped me when I was navigating this whole process was using Claimyr to actually get through to Washington ESD. I was so confused about whether my situation qualified and couldn't get through on the phone for weeks. Claimyr got me connected to an agent who explained everything clearly. Check out their demo at https://youtu.be/7DieNd3C7zQ - it's basically a service that calls Washington ESD for you and gets you through to a real person.

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That actually sounds really useful. I've been trying to call for days and keep getting disconnected.

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Yeah exactly! That's why I tried claimyr.com in the first place. The Washington ESD phone system is just overwhelmed and it's nearly impossible to get through on your own.

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Important to note that you can't collect unemployment if you're fired for misconduct. But misconduct has a specific legal definition - it's not just poor performance. It has to be deliberate violations of company policy or willful disregard of employer interests. Poor performance due to inability rather than unwillingness usually doesn't count as misconduct.

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What if they said I was terminated for attendance issues? Does that count as misconduct?

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It depends on the circumstances. If you had legitimate reasons for absences (medical issues, family emergencies) it might not be misconduct. But if it was just showing up late or not showing up without excuse, that could be considered misconduct. You'd need to provide documentation of any legitimate reasons.

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You also need to be a US citizen or authorized to work in the US. And you have to be physically able to work and available for work. If you're injured or sick and can't work, you typically can't collect unemployment - you'd need to look into disability benefits instead.

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What about if you're taking care of a sick family member? Does that affect eligibility?

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If you quit to care for a family member, it might qualify as good cause in certain situations, especially for domestic violence or caring for an ill child. But you'd still need to be able and available for work to continue receiving benefits.

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The base period thing is confusing but important. Your base period is usually the first four of the last five completed calendar quarters before you file. So if you file in January 2025, your base period would be October 2023 through September 2024. That's where they look at your wages to determine eligibility and benefit amount.

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What if I just started working recently and don't have enough wages in that base period?

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You might be able to use an alternate base period, which is the last four completed quarters. So for a January 2025 filing, that would be January through December 2024. This helps people who worked more recently.

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Self-employment is tricky. Generally, you can't collect unemployment if you're self-employed because you haven't been paying into the system. But if you had W-2 wages and then became self-employed, you might be able to claim based on those previous wages, though you'd need to show you're available for W-2 work again.

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I was doing freelance work after getting laid off. Does that affect my claim?

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You need to report all earnings from freelance work on your weekly claims. Depending on how much you earn, it might reduce your benefits or make you ineligible for that week. Be honest about it - Washington ESD will find out anyway through tax records.

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School employees have special rules. If you work for a school district or educational institution, you typically can't collect benefits during summer break or other scheduled breaks if you have reasonable assurance of returning to work. This applies to teachers, bus drivers, cafeteria workers, etc.

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I'm a substitute teacher. Do the same rules apply to me?

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Substitute teachers usually don't have reasonable assurance of returning, so they can typically file for benefits during breaks. But it depends on your specific contract and whether the district expects to call you back.

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Military service can affect your claim too. If you're recently discharged from the military, you might be eligible for unemployment based on your military service, but there are special rules about voluntary vs. involuntary discharge that apply.

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Does GI Bill education count as being available for work?

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Usually yes, as long as you're still able and available for work around your class schedule. You can attend school and collect unemployment as long as work takes priority if you get a job offer.

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Something people don't realize is that union strikes affect eligibility. If you're on strike or participating in a labor dispute, you generally can't collect unemployment. But if you're locked out by your employer, that's different and you might be eligible.

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What's the difference between a strike and a lockout?

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A strike is when workers refuse to work as part of a labor dispute. A lockout is when the employer prevents workers from working during a dispute. Washington ESD treats these differently for benefit eligibility.

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For anyone struggling to get through to Washington ESD to ask these questions directly, I had success with a service called Claimyr. They basically wait on hold for you and get you connected to an actual agent. Super helpful when you need clarification on your specific situation.

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How much does something like that cost?

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I'd rather not get into pricing here, but for me it was worth it to get my questions answered quickly rather than spending hours trying to call myself. You can check out more info at claimyr.com if you're interested.

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Age doesn't matter for unemployment eligibility, but Social Security benefits can affect your unemployment benefits. If you're collecting Social Security retirement benefits, it might reduce your unemployment benefits dollar for dollar in some cases.

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What about Social Security disability? I'm on SSDI but want to try working again.

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That's a complex situation involving both Washington ESD and Social Security rules about work attempts. You'd definitely want to speak with both agencies before making changes to understand how it affects your benefits.

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Seasonal work has its own rules too. If you work seasonally and have reasonable assurance of returning next season, you might not be eligible during the off-season. This applies to jobs like ski instructors, summer camp workers, agricultural workers, etc.

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I work retail and they always say they'll call me back after Christmas but sometimes don't. Is that reasonable assurance?

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If they just say they 'might' call you back, that's probably not reasonable assurance. It needs to be more definite, like a specific return date or contract. Retail layoffs after holidays often qualify for unemployment.

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Don't forget about the work search requirements! Even if you qualify for benefits, you need to actively search for work and keep a log of your activities. You need at least 3 job search activities per week unless you're exempt for some reason.

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What counts as a job search activity?

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Applying for jobs, attending job fairs, networking events, informational interviews, creating/updating professional profiles, career counseling appointments. Each activity needs to be substantial and work-related.

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Immigration status matters too. You need work authorization to collect unemployment benefits. Even if you paid into the system, you can't collect if your work authorization expires or changes in a way that prevents you from working.

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What if your work visa is expiring but you have a new application pending?

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That's a complicated immigration and employment law question. You'd need to check with both Washington ESD and an immigration attorney about your specific situation and timing.

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Commission-based workers often have questions about eligibility. If you worked on commission, your wages still count toward the base period requirements, but the irregular income can make benefit calculations more complex. Washington ESD looks at when commissions were actually paid, not when they were earned.

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I'm in sales and my commission checks come months after I make the sale. How does that work?

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Washington ESD uses the date the commission was paid to you for their calculations, not when you made the sale. So if you got a big commission check in Q1 but made those sales in Q4 of the previous year, it counts toward Q1 wages.

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Honestly, trying to navigate all these rules on your own is overwhelming. When I was trying to figure out if my weird employment situation qualified, I ended up using Claimyr to get through to Washington ESD. Best decision I made - the agent was able to review my specific case and tell me exactly what I needed to know. Way better than guessing based on general information online.

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I keep hearing about Claimyr in these threads. Is it really that hard to get through to Washington ESD normally?

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In my experience, yes. I tried calling for weeks and either got busy signals or got disconnected after waiting on hold for hours. Claimyr got me through in one try and I was talking to an agent within a reasonable time. Check out the video demo at https://youtu.be/7DieNd3C7zQ to see how it works.

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One last thing - timing matters when you file. You can file a claim as soon as you become unemployed or have your hours reduced, but benefits don't start until after a waiting week. So don't delay filing if you think you might qualify - you can always withdraw the claim if your situation changes.

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What's a waiting week?

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It's the first week of your claim period where you don't get paid benefits, even if you're eligible. It's like a deductible - you have to serve one waiting week per benefit year before payments start.

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This whole thread has been incredibly helpful! Thanks everyone for breaking down all these different scenarios. I feel much more prepared now to understand my options if my work situation changes.

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