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Misterclamation Skyblue

When can you get unemployment if fired - Washington ESD eligibility rules?

I got terminated from my warehouse job last month and I'm not sure if I can even apply for unemployment benefits through Washington ESD. My supervisor said I was fired for 'performance issues' but I think it was really because I complained about unsafe working conditions. I've been working in Washington for 3 years and never had any disciplinary actions before this. Does anyone know the rules about getting UI benefits when you're fired? I'm worried they'll deny my claim automatically.

You can absolutely get unemployment benefits even if you were fired, but it depends on the reason. Washington ESD looks at whether you were terminated for 'misconduct' or not. Performance issues usually don't count as misconduct unless they involve willful negligence or refusing to follow reasonable job instructions.

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That's encouraging to hear. How do I prove it wasn't misconduct? I never got any written warnings.

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Keep any documentation you have - emails, performance reviews, safety complaints you filed. Washington ESD will investigate and may contact both you and your employer during adjudication.

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File your claim ASAP! Don't wait thinking you won't qualify. I was fired from my retail job for 'attitude problems' (really just standing up for myself) and got approved after adjudication. The key is being honest about why you were terminated when you file.

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How long did your adjudication take? I'm nervous about the whole process.

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About 3 weeks for me. It felt like forever but it was worth it. I had to do a phone interview where I explained my side of the story.

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I've been through this whole mess with Washington ESD when I got canned last year. Trying to reach them on the phone was absolutely impossible - spent hours on hold just to get disconnected. Finally found this service called Claimyr that actually gets you through to ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me weeks of frustration.

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

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It's definitely worth it if you need to actually talk to someone at ESD. Way better than spending days trying to get through yourself.

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washington esd usually approves claims unless its for serious stuff like stealing or violence. performance issues are tricky - they have to prove you were deliberately doing bad work not just struggling with the job

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That makes sense. I was definitely trying my best, just couldn't keep up with the impossible quotas they set.

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The fact that you mentioned safety complaints is actually important here. Washington has whistleblower protections, and if you were fired for reporting safety issues, that could strengthen your unemployment claim significantly. Make sure to mention this during your adjudication interview.

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I did file a complaint with L&I about the unsafe conditions. Should I mention that to ESD?

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Absolutely! That documentation could be crucial evidence that your termination was retaliatory, not for legitimate performance reasons.

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This is exactly why I always document everything at work. Employers will try to make up reasons when they fire you illegally.

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I'm in a similar situation - got fired for 'insubordination' but really I just questioned why we had to work mandatory overtime without notice. Been afraid to file for unemployment because I thought getting fired meant automatic denial. This thread is giving me hope!

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Questioning unreasonable work demands isn't insubordination in the legal sense. File your claim and tell the truth about what happened.

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Same thing happened to my friend and she got approved. The worst they can do is say no, but you might be surprised.

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The Washington ESD adjudication process is actually pretty fair from what I've seen. They interview both sides and look at all the evidence. Just because your employer says you were fired for cause doesn't mean ESD will automatically believe them.

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That's reassuring. My former supervisor was known for making stuff up to cover himself.

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btw make sure you file your weekly claims even while your in adjudication or you'll lose those weeks

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Good point! I wasn't sure about that. So I keep filing even though nothing is decided yet?

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Yes, keep filing your weekly claims. If you're approved, you'll get back pay for those weeks. If you don't file them, you lose them forever.

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I work in HR and see these cases all the time. Employers often claim 'poor performance' when they really just want to avoid paying unemployment taxes. Unless there's documented progressive discipline and clear misconduct, most of these claims get approved.

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My company had no progressive discipline policy at all. They just fired people randomly when they felt like it.

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That actually works in your favor. ESD looks for patterns of fair treatment and proper procedures. Random firings often indicate the termination wasn't for legitimate cause.

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One more thing - when you do your adjudication interview, be prepared with specific examples and dates if possible. Don't just say 'they treated me unfairly' but give concrete details about what happened.

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I've been writing down everything I remember since I got fired. Good to know that preparation will help.

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The whole system is rigged against workers anyway. Companies fire people for BS reasons all the time and then fight the unemployment claims to save money. At least Washington ESD is better than some states about actually investigating these cases.

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While the system isn't perfect, I've seen plenty of workers win their appeals when they present their case well. It's not automatically rigged.

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Maybe not automatically but employers definitely have more resources to fight these things than individual workers do.

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Update on the Claimyr thing I mentioned earlier - I used them again last month when I had questions about my job search requirements. Super easy to use and got connected to an ESD agent in like 10 minutes instead of spending all day on hold. Definitely recommend if you need to actually talk to someone there.

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Sounds too good to be true honestly. How do they actually get you through faster?

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I don't know the technical details but it works. Way better than the regular phone system that just hangs up on you.

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Just wanted to add that even if your claim gets denied initially, you can appeal. I had to go through the whole appeals process but eventually won. Don't give up if you get a denial letter - lots of people win on appeal.

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How long does the appeals process take? I can't afford to wait months for a decision.

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Mine took about 6 weeks total including the hearing. I know it seems long but the back pay made it worth it.

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To summarize for the OP: File your claim immediately, be honest about the termination reason, keep filing weekly claims during adjudication, gather any documentation about the safety complaints and your work performance, and don't be discouraged if there's an initial delay. Performance-based terminations often get approved for benefits.

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Thank you so much everyone! I'm going to file my claim tomorrow. This thread gave me the confidence I needed.

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Good luck! Come back and let us know how it goes. Always nice to hear success stories.

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The key thing to remember is that Washington ESD has to prove misconduct, not just that you were fired. Being fired for inability to do the job or personality conflicts usually isn't enough to deny benefits.

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Exactly. There's a big legal difference between being terminated and being terminated for misconduct.

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also make sure you start your job search right away even while waiting for adjudication. esd requires you to be actively looking for work

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Good reminder. I need to set up my WorkSourceWA account too.

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I got fired for 'attitude' problems too and they approved my claim. Turns out questioning your boss's decisions isn't misconduct according to ESD. File your claim and don't let them intimidate you.

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That's basically what happened to me. Thanks for sharing your experience!

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Final tip: if you do get an adjudication interview scheduled, don't miss it! They usually only give you one chance and if you miss it, your claim gets denied. Mark it on your calendar and set multiple reminders.

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Definitely will do that. I can't afford to mess this up.

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And if you absolutely can't make the scheduled time, call immediately to reschedule. Don't just skip it.

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This whole conversation has been super helpful. I'm dealing with a similar situation and was scared to even try filing. Nice to know there are people who actually got through the system successfully.

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That's what these forums are for! We've all been through the unemployment maze and it helps to share experiences.

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For anyone still struggling to reach Washington ESD by phone, seriously check out that Claimyr service I mentioned. I know I sound like a broken record but it actually works when you need to talk to someone there about your claim status or ask questions about adjudication.

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I might actually try that. Been trying to call ESD for two weeks with no luck.

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The regular phone system is basically useless. This at least gets you through to a real person who can help.

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