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Luca Russo

When you are 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 I was let go for 'performance issues' but honestly I think it was more about the new manager not liking me. I've been working there for almost 2 years and never had any write-ups or formal warnings. Can you still get UI benefits if you're fired? I'm really stressed about this because I have rent due in two weeks and I don't know what my options are.

Yes, you can usually collect unemployment even if you're fired, but it depends on the specific reason. Washington ESD will review your case to determine if you were terminated for 'misconduct' or just general performance/incompetence. Performance issues typically don't disqualify you, but misconduct (like stealing, violating company policy, etc.) would. Since you weren't written up, that's actually good for your case.

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That's a relief to hear. What exactly counts as misconduct vs performance issues? I'm worried they might try to make it sound worse than it was.

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Misconduct has to be willful or deliberate violations of company rules. Poor performance, inability to meet standards, or personality conflicts usually don't qualify as misconduct. Keep any documentation you have about your work history.

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I went through this exact same situation last year. Filed my claim online at esd.wa.gov and Washington ESD approved me even though I was technically 'fired' for not meeting sales targets. The key is being honest about what happened when you file. They'll contact your employer to get their side of the story too.

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How long did it take for them to make a decision? I'm worried about the waiting period.

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Mine took about 3 weeks because they had to do an adjudication to review the circumstances. During that time I kept filing my weekly claims like normal.

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File your claim ASAP regardless. Even if there's a question about eligibility, you want to get the process started. If Washington ESD denies your claim initially, you can always appeal. I had to use Claimyr (claimyr.com) to actually get through to an ESD agent when my claim was stuck in adjudication. Their system automatically calls and gets you connected to a real person - way better than sitting on hold for hours. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that service cost? I'm already broke from being fired.

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It's worth checking out their site for pricing details. For me it was a lifesaver because I couldn't get through to ESD any other way and needed to resolve my adjudication issue quickly.

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Never heard of Claimyr before but honestly anything that helps get through to Washington ESD sounds good to me. The phone system is terrible.

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the washington esd system is so messed up, they'll probably deny you first just to make you jump through hoops. happened to me and three other people i know. its like they want to discourage people from filing

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That's not really accurate. Washington ESD has clear guidelines about misconduct vs. performance issues. They don't automatically deny claims.

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maybe your experience was different but mine was a nightmare. took months to get approved and had to appeal twice

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Make sure you have all your employment details ready when you file - dates, wages, reason for separation. Washington ESD will ask for specific information about your termination. Be factual but don't oversell their case against you.

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Good point about not overselling their case. I tend to be too honest sometimes and might hurt my own chances.

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Just stick to the facts. You can say 'terminated for performance issues' without going into every detail about what your supervisor didn't like.

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Been there. Got fired from my retail job for being 'too slow' according to the manager. Washington ESD approved my claim no problem. Like others said, performance stuff usually doesn't count as misconduct. File online and don't stress too much about it.

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That's encouraging, thanks. Did you have to do anything special during the application process?

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Nope, just answered their questions honestly. They asked why I was separated from employment and I wrote 'terminated for performance issues' and left it at that.

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Word of advice - start applying for jobs immediately even while your claim is processing. Washington ESD requires you to be actively looking for work and you'll need to log your job search activities. Better to get ahead of that requirement.

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How many jobs do you have to apply for each week? I haven't looked for work in over 2 years.

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I think it's 3 job search activities per week. Can be applications, networking, interviews, etc. Check the WorkSourceWA website for the exact requirements.

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It's actually 3 job search activities per week, and you have to keep a log. Washington ESD can audit your job search records so keep good documentation.

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I'm going through something similar right now. Got 'laid off' but I think it was really because I complained about safety issues. My claim has been in adjudication for 2 weeks now and I can't get anyone at Washington ESD on the phone to tell me what's happening.

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That's exactly the kind of situation where Claimyr helped me. When you're stuck in adjudication and can't get through to anyone, it's worth trying their service to actually reach an ESD agent.

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I might have to try that. This waiting is killing me financially.

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Just to clarify something - even if you're denied initially, you have the right to appeal. I see a lot of people give up after the first denial but the appeal process often works in your favor, especially for termination cases that aren't clear-cut misconduct.

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How long do you have to file an appeal if they deny the claim?

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30 days from the date of the determination letter. Don't wait - file the appeal as soon as you get a denial if you disagree with their decision.

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Washington ESD is actually pretty reasonable about termination cases compared to some states. As long as you weren't stealing or doing something obviously wrong, you'll probably be fine. I got UI after being fired for 'attitude problems' lol

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Attitude problems - that's rich. Glad they approved you though!

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Right? Apparently having opinions about how things should be done is an 'attitude problem' but not misconduct according to Washington ESD.

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One thing to watch out for - if your employer contests your claim, it might take longer to get approved. They'll do a more thorough investigation. But don't let that scare you away from filing.

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What are the chances they'll contest it? The company isn't huge but they do have an HR department.

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Hard to say. Some employers contest everything, others don't bother unless it's obvious misconduct. Since you weren't written up, they might not have much to contest with.

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honestly the worst part about being fired is the blow to your self-esteem. but remember unemployment benefits are something you and your employer paid into - you're not asking for charity, you're claiming something you're entitled to if you meet the requirements

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Thank you for saying that. I do feel embarrassed about being fired and having to file for unemployment.

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Don't feel embarrassed! It happens to good people all the time. Focus on moving forward and finding something better.

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Quick tip - when you file online, take screenshots of everything. Sometimes the Washington ESD website glitches and you want proof of what you submitted and when.

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Good thinking. I'll make sure to document everything as I go through the process.

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My brother got fired from his warehouse job for 'not keeping up with the pace' and got approved for UI benefits. Washington ESD seems to understand that not everyone can work at superhuman speed. Your situation sounds similar - performance issues, not misconduct.

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That's really similar to my situation. Did his approval take long?

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I think it was about 2 weeks for him, but that was before COVID when things moved faster. Might take longer now with all the backlogs.

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Whatever you do, don't lie on your application. Washington ESD cross-checks everything with your employer and if they catch you in a lie, that's automatic disqualification. Be honest but don't volunteer information that hurts your case.

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Definitely won't lie. I just want to make sure I present the facts in the best light possible.

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The good news is that most terminations for performance reasons get approved. Washington ESD knows the difference between someone who can't do the job and someone who willfully violated rules. You'll probably be fine, especially with no prior warnings.

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This thread has been really helpful. I'm feeling more confident about filing now. Thanks everyone!

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Good luck with your claim! Come back and let us know how it goes.

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One more thing - if you do need to talk to someone at Washington ESD and can't get through on the phone, I had success with Claimyr too. It's frustrating when you're dealing with a claim issue and can't reach anyone for help. Their automated calling system actually works.

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Several people have mentioned Claimyr now. Might be worth checking out if I run into problems.

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Yeah, it's one of those things you hope you don't need but if you do need it, it's really valuable. Washington ESD's phone system is just overwhelmed most of the time.

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