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Natalie Khan

When fired can you collect unemployment - Washington ESD eligibility rules?

Got terminated from my job last Friday and I'm trying to figure out if I can even apply for unemployment benefits through Washington ESD. My supervisor said it was for 'performance issues' but honestly I think they just wanted to cut costs. I've been working there for almost 2 years and never had any written warnings or anything formal. Does anyone know if being fired automatically disqualifies you from collecting UI benefits in Washington? I really need to know before I waste time filing a claim.

You can definitely still apply for unemployment benefits even if you were fired. Washington ESD looks at the reason for termination - if it was for misconduct then you'd be disqualified, but performance issues usually don't count as misconduct. The key is whether your employer can prove willful misconduct versus just not meeting expectations.

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That's a relief to hear. What exactly counts as misconduct vs performance issues? I was never written up or anything.

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Misconduct is usually things like theft, violence, insubordination, repeated tardiness after warnings. Poor performance or not being a good fit typically doesn't qualify as misconduct under Washington ESD rules.

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File your claim ASAP - you can always appeal if they deny it initially. I was fired for 'attitude problems' and still got approved after the adjudication process. Washington ESD will investigate and make a determination based on the facts.

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How long did the adjudication take for your claim? I'm worried about how I'll pay bills while waiting.

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Mine took about 3 weeks but that was pre-pandemic. Could be longer now with their backlog.

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Been trying to reach Washington ESD for weeks about my own claim issue. Their phone lines are always busy and I keep getting disconnected. Found this service called Claimyr that actually helped me get through to an agent - check out claimyr.com if you need to talk to someone at Washington ESD directly. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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Thanks for the tip! I'll definitely look into that if I have trouble reaching them.

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How much does that service cost? Seems like something that should be free.

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It's worth it when you're desperate to get answers. Way better than spending hours on hold just to get hung up on.

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THE SYSTEM IS RIGGED AGAINST WORKERS!!! They'll find any excuse to deny your claim especially if your employer fights it. I got fired for 'insubordination' which was complete BS and had to appeal three times before I got approved.

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That sounds awful. Did you have to get a lawyer or represent yourself?

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Represented myself at the hearing. Brought all my documentation and performance reviews. Judge saw right through their lies.

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The appeal process does work when you have the facts on your side. Most employers don't want to waste time fighting claims unless it's clear misconduct.

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same thing happened to me

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Were you able to get benefits? What was your experience like?

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yeah got approved after like a month. they said it wasn't misconduct

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Important to note - even if you get approved, you still need to actively search for work and report your job search activities weekly. Washington ESD requires documentation of at least 3 job search activities per week. Keep detailed records of applications, interviews, networking contacts, etc.

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Do I need to register with WorkSource WA too? I heard that's required now.

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Yes, you'll need to register with WorkSource Washington and maintain an active profile there. It's part of the work search requirements.

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The job search requirements are such a pain. Like we're not already stressed enough about finding work.

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One thing to watch out for - if your employer contests your claim, be prepared to provide documentation. Save any emails, performance reviews, or other evidence that shows you weren't fired for misconduct. The burden of proof is on the employer to show misconduct occurred.

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I don't have much documentation since it was all verbal. Will that hurt my case?

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Not necessarily. If they can't provide evidence of misconduct either, Washington ESD will typically approve the claim. Document everything you can remember about the termination.

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I was in HR for 15 years and can tell you that most employers won't fight unemployment claims unless it's really egregious misconduct. It costs them time and money to contest, and they usually only do it for theft, violence, or gross insubordination.

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That's reassuring. My situation definitely wasn't any of those things.

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What about if someone is fired for attendance issues? Is that considered misconduct?

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Attendance can be tricky - it depends if there were warnings and whether the absences were excused. Usually needs to be a pattern of unexcused absences after written warnings.

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File your claim online at esd.wa.gov - it's pretty straightforward. Just be honest about the reason for separation and let Washington ESD make the determination. Don't overthink it.

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Should I mention that I think they fired me to cut costs, or just stick to what they officially said?

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Be factual about what happened. You can explain your perspective but don't speculate too much about their motives.

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My brother got fired from Amazon warehouse for 'productivity' and still got unemployment. Took a few weeks for adjudication but he was approved. Performance issues are usually not misconduct under Washington law.

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Good to know. Did Amazon fight the claim at all?

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Nope, they didn't contest it. I think they know performance issues won't stick as misconduct.

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Here's what I learned from my appeal hearing - Washington ESD uses a 'reasonable person' standard. Would a reasonable person in your position have done the same thing? If yes, it's not misconduct. Simple poor performance or lack of skills isn't willful misconduct.

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That makes sense. I was definitely trying my best, just wasn't meeting their expectations.

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Exactly. As long as you were making good faith efforts to do the job, it's typically not misconduct.

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Update on Claimyr - used them again last week to get through to Washington ESD about my weekly claim issue. Worked like a charm, got connected to an agent in under 10 minutes. Definitely recommend if you need to speak with someone directly about your claim status.

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How does it actually work? Do they just call for you or what?

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They handle the calling and waiting, then connect you when they get an agent on the line. Saves you from sitting on hold forever.

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Whatever you do, don't delay filing. There's a waiting week anyway, and if you wait too long you might miss out on benefits. File immediately and let Washington ESD sort out the eligibility.

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Yeah I'm planning to file tomorrow morning. Better to get the process started.

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Smart move. Even if there's an issue, at least your claim date will be protected.

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I got denied initially when I was fired for 'poor performance' but won on appeal. The key was showing I was trying to improve and that I never received proper training. Washington ESD reversed their decision after the hearing.

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How did you prepare for the appeal hearing? I'm nervous about that possibility.

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Gathered all my emails, any training materials, and wrote a timeline of events. Be organized and stick to facts, not emotions.

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washington esd is so backed up right now. took forever to get my claim processed even though it was straightforward. just be patient with the system

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How long did yours take from filing to first payment?

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about 5 weeks total but that included adjudication. might be faster now

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Don't let them intimidate you with fancy words like 'misconduct' and 'insubordination.' Most of the time it's just corporate speak for 'we don't want to pay unemployment.' Stand your ground and appeal if necessary.

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Thanks for the encouragement. I'm definitely not going to let them push me around.

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That's the spirit. You paid into the system, you deserve benefits when you're legitimately unemployed.

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Check your employee handbook if you still have it - sometimes it defines what they consider misconduct vs performance issues. Can help you understand how strong their case might be.

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Good idea. I think I have a copy somewhere from when I started.

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Look for their progressive discipline policy too. If they didn't follow their own procedures, that helps your case.

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Used Claimyr twice now and it's been worth every penny. Beat spending my whole day trying to get through to Washington ESD. Their customer service is actually helpful unlike trying to navigate the phone system yourself.

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I'll keep that in mind if I run into issues. Sounds like a real time saver.

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Is it legitimate though? Seems too good to be true.

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Totally legit. They're not doing anything you couldn't do yourself, just saving you the hassle of waiting on hold.

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Bottom line - being fired doesn't automatically disqualify you from unemployment benefits in Washington. The reason matters more than the fact that you were terminated. File your claim and let the system work.

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Thanks everyone for all the advice. I feel much more confident about filing now.

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Good luck! Remember to file your weekly claims on time once you're approved.

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One last tip - if you do get denied, don't panic. The appeal process is there for a reason and lots of people win on appeal. Just make sure you file the appeal within the deadline (usually 30 days).

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Hopefully it won't come to that, but good to know the option exists.

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Yeah, hopefully you'll get approved right away. But the appeals process is actually pretty fair if you have documentation.

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