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Elliott luviBorBatman

When you get fired can you get unemployment in Washington state?

I got terminated from my job last week and I'm trying to figure out if I can file for unemployment benefits. My supervisor said it was due to poor performance but I feel like they were just looking for reasons to let me go. I've been working there for almost 2 years and never had any written warnings or formal disciplinary actions. Can I still apply for Washington ESD benefits even though I was fired? I'm really stressed about this because I have bills to pay and I'm not sure what my options are.

Yes, you can absolutely apply for unemployment even if you were fired! The key is whether you were fired for misconduct or just poor performance. If it was performance-related and you weren't willfully negligent, you should be eligible. Washington ESD will investigate your claim and make a determination.

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That's a relief to hear. How does Washington ESD decide what counts as misconduct vs performance issues?

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They look at whether you intentionally violated company policies or were just unable to meet expectations despite trying. Poor performance usually doesn't disqualify you unless it was willful.

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File your claim right away! Don't wait. Even if your employer contests it, you can still get benefits while Washington ESD investigates. The worst thing you can do is delay filing because you're unsure.

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Should I file online or call? I heard the phone lines are really busy.

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Online is usually faster - go to esd.wa.gov and start your application there.

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I was in a similar situation last year. Got fired for 'performance issues' but it was really because my new manager didn't like me. I filed for unemployment and got approved after they did an investigation. Your employer will get a chance to provide their side, but as long as you weren't doing anything intentionally wrong, you should be fine.

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How long did the investigation take? I'm worried about going weeks without income.

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Mine took about 3 weeks for the adjudication to complete. You might get paid retroactively if approved.

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If you're having trouble getting through to Washington ESD to check on your claim status or get questions answered, I recently discovered this service called Claimyr (claimyr.com) that helps you actually reach a human agent. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of trying to call and getting busy signals.

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How much does something like that cost? I'm already strapped for cash.

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It's worth checking out their site for details, but honestly after spending days trying to get through on my own, it was a lifesaver for getting answers about my adjudication status.

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Here's what you need to know about Washington ESD eligibility when fired: You CAN get benefits if you were fired for inability to do the job, lack of skills, or poor performance (as long as it wasn't willful). You CANNOT get benefits if you were fired for misconduct like theft, harassment, or intentionally violating policies. Based on what you described, you should definitely apply.

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This is really helpful. What if my employer tries to claim it was misconduct when it really wasn't?

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Washington ESD will review all the evidence from both sides. Keep any documentation you have about your performance reviews, emails, etc. If they deny your claim unfairly, you can appeal.

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Yeah, employers sometimes try to claim misconduct to avoid their unemployment insurance rates going up. Don't let that scare you from filing.

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I got fired 6 months ago and I'm still fighting with Washington ESD about my claim. They initially denied it saying it was misconduct but I appealed and now it's been in adjudication forever. This system is so broken.

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That sounds awful. Are you able to work with anyone to help move your case along?

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I've tried calling Washington ESD hundreds of times but can never get through. It's incredibly frustrating.

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This is exactly why I mentioned Claimyr earlier - they specialize in helping people get through to Washington ESD agents when the regular phone lines are jammed.

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Don't assume you can't get benefits just because you were fired! I thought the same thing when I got let go, but it turned out my employer couldn't prove misconduct and I was approved. The key is being honest on your application about what happened.

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Should I mention that I think they were just looking for reasons to fire me, or stick to the facts they gave me?

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Stick to facts. Say you were terminated for performance reasons, mention you had no prior warnings, and let Washington ESD investigate.

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Whatever you do, don't quit before they fire you thinking it will help your unemployment case. Being fired for performance is usually better than quitting without good cause for UI purposes.

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Good to know, though it's too late for that advice in my case!

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Yeah, quitting makes it much harder to get benefits unless you can prove constructive discharge or had good cause.

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The fact that you had no written warnings is actually really good for your case. Washington ESD looks at whether the employer followed progressive discipline policies. If they just fired you out of nowhere, that supports your claim.

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That makes sense. I never got any formal performance improvement plans or anything like that.

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Exactly! Document everything you can remember about your termination meeting and any conversations leading up to it.

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File your weekly claims even while your initial claim is being processed. You don't want to miss out on benefits for weeks you're unemployed if your claim gets approved.

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Can I file weekly claims before my initial claim is approved?

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Yes, you should file weekly claims starting the week after you become unemployed, even during adjudication.

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I hate how employers can just say 'performance issues' and fire people but then try to fight unemployment claims. It's like they want to have it both ways.

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Some employers automatically contest every claim regardless of the circumstances. It's frustrating but don't let it discourage you from applying.

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I hope my employer doesn't contest it, but I guess I'll have to be prepared for that possibility.

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Make sure you're actively looking for work and keeping track of your job search activities. Washington ESD requires you to be able and available for work and actively seeking employment.

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How many jobs do I need to apply for each week?

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The requirement varies, but generally you need to make at least 3 job search activities per week. Check your WorkSourceWA account for specific requirements.

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If Washington ESD does an investigation, they'll contact your employer and possibly interview you by phone. Be prepared to explain your side of what happened clearly and factually.

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Will they tell me when they're doing the investigation or does it happen behind the scenes?

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Usually your claim status will show 'adjudication in progress' and they may contact you directly if they need more information.

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I used to work in HR and I can tell you that most terminations for 'poor performance' don't disqualify people from unemployment, especially if there was no progressive discipline. Your employer would need to prove willful misconduct.

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That's reassuring coming from someone with HR experience. I really don't think I was willfully doing anything wrong.

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Based on what you've described, I'd be surprised if you were denied benefits. Just be honest in your application and let the process work.

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Document everything about your termination while it's fresh in your memory - date, time, who was present, exact words used, etc. This could be important if there's an appeal or hearing later.

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I should have thought of that sooner, but I'll write down everything I can remember right now.

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It's never too late to document what you remember. Even details that seem minor could be relevant.

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The most important thing is to file your claim immediately. Every week you delay is a week of potential benefits you're losing. Even if you're not sure about eligibility, let Washington ESD make that determination.

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You're right, I'm going to file online today. Thanks everyone for all the advice and reassurance.

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Good luck! Remember that getting fired doesn't automatically disqualify you - the circumstances matter most.

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One more thing - if you do get benefits and find work, make sure to report your earnings properly on your weekly claims. Washington ESD is strict about overpayments and you don't want to create more problems down the road.

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Thanks for the reminder. I'll definitely be careful about reporting any income accurately.

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Yeah, it's better to be overly cautious with reporting than to deal with overpayment issues later.

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I had a friend who used that Claimyr service someone mentioned earlier when she couldn't get through to Washington ESD about her adjudication. She said it was really easy to use and she finally got to talk to someone who could explain what was happening with her claim.

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That might be worth looking into if I run into problems getting information about my claim status.

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Yeah, especially if your claim goes into adjudication and you need updates. The regular phone lines are basically impossible to get through on.

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Bottom line: being fired does NOT automatically disqualify you from unemployment benefits in Washington. Performance issues, inability to do the job, or lack of skills are generally not considered misconduct. File your claim and let Washington ESD sort it out.

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This whole thread has been incredibly helpful. I feel much more confident about filing now.

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That's what these forums are for! Hope everything works out for you.

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