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Mohammed Khan

When can you file for unemployment after being fired - Washington ESD timing rules?

Got terminated from my warehouse job yesterday for attendance issues (called in sick too many times according to them). I know I can probably file for unemployment but when exactly can I submit my claim? Do I need to wait until after my last paycheck or can I file right away? Also worried they might contest it since it was for cause. Anyone know the Washington ESD rules on timing for filing after termination?

You can file your Washington ESD claim immediately after your last day of work. Don't wait for your final paycheck - the sooner you file, the sooner your benefit year starts. Even if your employer contests it, you should still file right away.

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Thanks! Should I file online or call? I've never done this before and don't want to mess it up.

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Definitely file online at esd.wa.gov - it's much faster than trying to call. The phone lines are always jammed.

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same thing happened to me last year, filed the day after I got fired and had no issues. even though they said it was for cause washington esd still approved my claim after reviewing everything

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That gives me hope! How long did it take for them to decide on your claim?

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took about 3 weeks for the decision, they had to do some kind of investigation thing

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The key thing is filing ASAP. Washington ESD has a waiting week, so your first week won't be paid anyway. If you delay filing, you're just pushing back when you'll start getting benefits. Even if there's a dispute, get your claim in the system immediately.

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What's this waiting week about? I thought unemployment started right away if you qualify.

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Washington has a one-week waiting period before benefits start. So even if approved immediately, your first week is unpaid. It's just how the system works.

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wait I thought they got rid of the waiting week during covid? or did that end?

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I've had the worst time trying to get through to Washington ESD by phone when I had questions about my claim timing. Spent hours on hold just to get disconnected. Recently found this service called Claimyr (claimyr.com) that actually gets you through to agents - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much frustration.

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Is that legit? Sounds too good to be true honestly.

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I was skeptical too but it actually worked. Way better than sitting on hold for 3+ hours just to get hung up on.

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How much does something like that cost though?

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DONT WAIT TO FILE!!! I made that mistake thinking I needed to wait until my final check cleared and it delayed everything by two weeks. File immediately after your last day of work, period.

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Yeah definitely filing today then. Thanks for the warning!

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This is solid advice. The system doesn't care about your final paycheck timing for filing purposes.

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Attendance issues might not disqualify you depending on the circumstances. If you were genuinely sick and have documentation, that could help your case. Washington ESD looks at the specific reasons for termination.

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I do have some doctor notes for a few of the sick days. Should I upload those when I file?

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Definitely keep those handy. You might not need them initially but if your employer contests the claim, they'll be crucial evidence.

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This is why I always get documentation for everything. Employers love to twist the story when unemployment gets involved.

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The 'for cause' thing is tricky. Washington ESD has to determine if it was misconduct or just poor performance. Attendance can go either way depending on the circumstances and your employer's policies.

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What's the difference between misconduct and poor performance for unemployment purposes?

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Misconduct is willful or negligent behavior. Poor performance is just not being good at the job. Big difference for UI eligibility.

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i filed mine on a sunday right after getting fired friday and had my first phone interview scheduled within a week. dont overthink it just file

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Phone interview? What do they ask in those?

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basic stuff about why you got fired, your side of the story, work history. nothing too scary

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Make sure you have all your employment info ready when you file - dates, wages, employer contact info. The online application is pretty straightforward but having everything organized helps.

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Good point. I'll dig up my pay stubs and get everything together before I start the application.

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Also have your social security card and ID ready in case the system asks for verification.

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The timing thing is important because your benefit year starts when you file, not when you were fired. So if you wait a month to file, you lose a month of potential benefits at the end.

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I didn't know that! Definitely filing today then.

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Exactly. The benefit year is 52 weeks from when you file your initial claim.

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Your employer will get notified when you file and they have a chance to contest it. Don't let that scare you though - file anyway. Let Washington ESD sort out the details.

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What happens if they do contest it?

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Then there's usually a phone interview where both sides tell their story. The adjudicator makes a decision based on the facts.

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I went through this last year. Even if they contest it initially, you can still win if you have your facts straight.

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For what it's worth, I had similar attendance issues at my last job and still got approved for unemployment. Being sick isn't misconduct if it's legitimate.

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That's reassuring. I wasn't faking being sick or anything, just had some health issues this year.

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Then you should be fine. Just be honest in your application and any interviews.

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Quick tip - after you file your initial claim, you'll need to file weekly claims every week to get paid. Don't forget about that part or you'll miss payments.

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Weekly claims? What's involved in that?

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Just confirming you're still unemployed, reporting any work or income, and certifying you're looking for work. Takes like 5 minutes online.

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And make sure you do it on time every week. Miss a week and you have to explain why to get that payment.

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Another vote for using that Claimyr service if you need to talk to someone at Washington ESD. I tried calling for weeks about my claim status and couldn't get through. Used their service and was talking to an agent within an hour.

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Might need to check that out if I run into issues. Thanks for the recommendation!

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Yeah the regular phone system is basically impossible to get through. Any service that actually works is worth it.

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Don't stress too much about the 'for cause' thing. Washington ESD sees attendance-related terminations all the time. As long as you weren't doing anything intentionally bad, you'll probably be fine.

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Thanks everyone for all the advice! Filing my claim right now.

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Good luck! Hope it goes smoothly for you.

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Just remember that even if there's a dispute, you can appeal any negative decision. Don't give up if the initial determination doesn't go your way.

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How long do you have to file an appeal if needed?

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I think it's 30 days from the date on the determination letter. Don't quote me on that though.

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It is 30 days, and make sure you file the appeal even if you're not sure. You can always withdraw it later.

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Update us on how it goes! Always curious to hear how these cases turn out.

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Will do! Hopefully it's straightforward but I'll post an update once I know more.

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One last thing - make sure you're actively looking for work once you start filing weekly claims. Washington ESD requires job search activities and they do check sometimes.

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Good reminder. I was planning to start job hunting this week anyway.

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Keep track of your job search activities too. They can ask for documentation of what you've been doing.

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Glad to see you're filing right away. That's the smartest move. Even if there are complications later, at least your claim is in the system and the clock is running.

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Exactly my thinking. Better to get the process started than sit around worrying about it.

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Hope everything works out for you! Getting fired sucks but at least Washington's unemployment system is pretty reasonable compared to some other states.

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Thanks! Yeah I've heard horror stories from friends in other states. Hopefully Washington ESD treats me fairly.

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