“Can I still get unemployment after being fired for strange reasons in Washington? #unemploymentbenefits #fired #termination #Washington #specialneeds #underperforming
Hello everyone! I recently got fired from my job, and the circumstances surrounding it are quite confusing to me. Here’s what happened:
Reasons for termination:
1. Caught doing nothing in the company vehicle multiple times, such as eating on a break and waiting for a boss who asked me to wait outside.
2. Attendance was deemed an issue, even though I only missed 8% of workdays in nearly a year, and I had previously communicated about having a special needs child.
3. Alleged underperformance, which I believe to be exaggerated as I had been told I was outperforming most of the company before.
I was considering applying for unemployment, but I’m uncertain about my chances. Has anyone else faced a similar situation? Any advice or insights would be greatly appreciated. I understand there may be differing opinions, but I believe some aspects of this termination are unjustified. Thank you for your help!”
Probably.
Poor performance is generally viewed as a failing of the company. They did a poor job when staffing the position.
In any event you should file.
The state ultimately decides, so just apply and appeal every round you lose until you run out of appeals. Each level is a different person reviewing, so just keep telling your side.
It won’t hurt to apply, the company may fight it. But you could also fight back with your points and they will most likely accept it.
You would have to be fired for like theft or vandalism or something crazy to be denied unemployment. Always always file!
8% of work days is over 20 days missed a year. Rounding up you are missing 1 in every 10 days.
If they have any of those things documented and provide it, you probably won’t win. But you can try and file.
Generally speaking, performance / attendance alone won’t disqualify you for UI. Washington state tends to be more worker-friendly. That being said, you won’t know anything until you apply.
With pretty much everything in life, what’s the worst that can happen? They’ll say no.
Ie: it worth it to try
Sounds like you’ll be able to get approved for unemployment. You may have to fight for it a bit if the company disputes it.
Go ahead and file. Chances are low that the company will fight it. Even if they do, chances are low that they’ll win.
Absolute worst case scenario is that the state starts paying out, THEN denies you on appeal and requires you to pay it back. But that’s not really any worse than not having it in the first place.
I once had an employer contest my unemployment. He didn’t have a leg to stand on. He was just being a dick. I was literally on my way to the hearing when I got a call that it had been canceled. I think he realized how absurd it was going to be and withdrew his dispute.
The burden of proof is on the employer.
As someone who works in unemployment – definitely apply. Let the unemployment adjudicator determine if you’re eligible for benefits or not (and it sounds like you have a fighting chance!)
For 2#, and not to pry, does your child’s condition qualify as a serious medical condition? If so, you informing them about your child’s condition is notice for the need of FMLA (If you meet other qualifications)
In relation to your unemployment question… the employer will need to provide justification and as others stated, the state will decide. However, if your attendance is the reason you were fired and that attendance issue is related to the medical condition you gave notice for, it’s an entirely different issue that you may be able to pursue.
When you apply, the state will send a request to your former employer to essentially approve or deny the claim but oftentimes, they don’t get replied to leading to automatic approval or HR doesn’t care enough to fight it and they just say yes you’re due unemployment. In any case, try for it.
Also…. Maybe consider filing a wrongful termination complaint against the company, if you feel you were fired for things that did not compromise your job or go against company policies.
I believe WA gives unemployment to everyone (even if you have a severance). You would have to do something that was criminal or made the company criminally liable for something to not be eligible (at least this was my experience several years ago). It’s important that the reason you provide for the termination and the reason the company provides match.
They have to give you a written warning for these types of things unless you did something against company policy that calls for immediate dismissal…in most states