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Alicia Stern

Will you get Washington ESD unemployment if you get fired from your job?

I'm asking for a friend who might be getting terminated from their warehouse job next week. They've been having some performance issues and their supervisor has been documenting everything. If they do get fired, can they still collect unemployment benefits through Washington ESD? I know there are different rules depending on why you lose your job but I'm not sure what counts as 'misconduct' versus just not being good at the job. Anyone know how this works?

It depends on the reason for termination. Washington ESD will review the circumstances. If it's for misconduct (stealing, violence, repeated policy violations), you'll be disqualified. But if it's for poor performance despite good faith effort, you might still qualify. Your friend should file anyway and let Washington ESD decide.

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What exactly counts as misconduct though? They were late a few times and had some productivity issues but nothing like stealing or fighting.

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Being late repeatedly can be misconduct if it was willful disregard of company policy. But productivity issues alone usually aren't unless they were deliberately underperforming.

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Drake

I got fired from my last job for attendance and still got approved for UI benefits. The key is whether it was willful misconduct or not. Washington ESD looks at each case individually during the adjudication process.

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How long did your adjudication take? I've been waiting 3 weeks on mine and getting stressed about bills.

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Drake

Mine took about 4 weeks total. The waiting is awful but hang in there.

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Your friend should definitely file immediately after termination. Even if the employer contests it, Washington ESD will conduct an investigation. I've seen people get approved even after being fired if the employer can't prove willful misconduct. The burden is on the employer to show it was misconduct, not just poor performance.

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That's good to know. Should they start gathering documentation now while they still have access to their work records?

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Yes, definitely collect any performance reviews, disciplinary notices, or documentation they have access to. It can help their case during the adjudication process.

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I had a similar situation last year and couldn't get through to anyone at Washington ESD for weeks to check on my claim status. Finally used Claimyr (claimyr.com) to get connected to an actual agent. They have this video that shows exactly how it works: https://youtu.be/7DieNd3C7zQ. Made the whole process so much easier.

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Never heard of that service. Does it actually work or is it just another scam?

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It's legit. I was skeptical too but I got through to Washington ESD within minutes instead of calling for hours every day.

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How much does something like that cost? My friend doesn't have a lot of money right now.

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The whole system is rigged against workers anyway. Employers can make up whatever story they want and Washington ESD usually sides with them. I got denied after being fired for 'insubordination' when I just questioned a safety violation.

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Did you appeal the decision? You have the right to a hearing if you disagree with the initial determination.

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Yeah I'm in the middle of the appeal process now. It's taking forever though.

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Wait, so if you get fired you can still get unemployment? I thought only people who got laid off could collect benefits.

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Common misconception. You can get UI benefits if you're terminated without misconduct. It's not just for layoffs.

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Good to know! I've been afraid to leave my toxic job because I thought I'd be screwed if they fired me.

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Don't quit though - if you quit voluntarily it's much harder to get benefits unless you have good cause.

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I work in HR and see this all the time. Most performance-related terminations don't rise to the level of misconduct for UI purposes. We usually don't even contest these claims unless there was clear policy violation or dishonesty involved.

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That's reassuring. My friend was worried the company would fight it just to be difficult.

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Some companies do contest everything, but Washington ESD makes the final decision based on the facts, not what the employer wants.

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The important thing is to file right away. You can't get benefits for weeks you didn't file, even if you're eventually approved. I made that mistake and lost out on 3 weeks of payments.

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Same here! I waited thinking I wouldn't qualify and then had to backdate everything. Such a hassle.

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What about if you're fired during your probationary period? I got let go after 2 months and wondering if I can still file.

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Length of employment doesn't matter for misconduct determinations. If you worked long enough to have qualifying wages, you can file regardless of probationary status.

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Thanks! I'll file this week then.

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Been through this process twice now. First time I got denied, second time approved. The difference was having better documentation of what actually happened. Tell your friend to write down everything they remember about the incidents leading to termination.

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Good advice. I'll tell them to start making notes now while it's still fresh.

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Washington ESD has gotten so much better at processing these claims compared to a few years ago. The adjudication process is still slow but at least they're thorough about investigating both sides.

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Really? I filed 6 months ago and still haven't heard anything back on my appeal.

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Appeals take longer than initial determinations unfortunately. Regular claims are much faster now though.

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Just want to echo what others said about filing immediately. Even if you think you might not qualify, let Washington ESD make that determination. The worst they can do is say no, but you might be surprised.

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That's what I'm going to tell my friend. Better to try and get denied than not try at all.

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I used to manage people and we rarely contested UI claims for performance issues. It's expensive and time-consuming for employers to fight these things unless there was serious misconduct involved.

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Wish more employers were reasonable like that. My old company fought every single claim out of spite.

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Another vote for using Claimyr if you need to actually talk to someone at Washington ESD. I spent weeks trying to get through on my own before finding out about their service. Would have saved me so much stress.

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Is it really that hard to get through to Washington ESD normally? I haven't had to call yet.

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The phone lines are constantly busy. I was calling 50+ times a day and only got through once in 3 weeks. Claimyr got me connected in under 10 minutes.

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One more thing - make sure your friend knows about the job search requirements once they start collecting. You have to do 3 job search activities per week and keep a log.

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Thanks for the reminder! I forgot about that part. Do online applications count as job search activities?

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Yes, online applications definitely count. You can also do things like attend job fairs, networking events, or career workshops.

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Bottom line - getting fired doesn't automatically disqualify you from unemployment. It all depends on the specific circumstances. Your friend should file and see what happens.

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Perfect summary. I feel much better about advising them to file now. Thanks everyone for all the helpful information!

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Good luck to your friend! The uncertainty is stressful but the system does work if you're patient and provide accurate information.

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I'll pass along all this advice. Really appreciate this community for being so helpful!

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Just remember that even if there's an initial denial, the appeal process exists for a reason. Don't give up if the first decision doesn't go your way.

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This! I won my appeal after being initially denied. The hearing officer was much more reasonable than whoever made the first decision.

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Last thought - if your friend does get approved, they should set aside money for taxes. UI benefits are taxable income and it's easy to forget that when you're struggling financially.

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Great point. I hadn't thought about the tax implications. I'll make sure they know about that.

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Hope everything works out for your friend. Being fired is stressful enough without worrying about how you're going to pay bills. At least Washington ESD provides a safety net when it's not your fault.

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Thanks for all the support everyone. This thread has been incredibly helpful and reassuring.

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