Whether You Can Collect Depends on Why You Were Fired

You may be able to collect unemployment in Washington State after being fired, but it depends on the reason. Washington's Department of Employment Security (DES) distinguishes between being fired for misconduct and being fired for other reasons. If you were fired for misconduct—meaning you deliberately or recklessly violated a reasonable employer rule or instruction—you will be disqualified. If you were fired for poor performance, inability to do the job, or reasons unrelated to your conduct, you likely can collect.

The key word is misconduct. It is not enough that you made a mistake or that your employer was unhappy with your work. DES looks for evidence that you knew what was expected, understood the rule or standard, and chose to ignore it anyway. Being fired for showing up late once, making an honest error, or struggling to learn a new task does not count as misconduct under Washington law.

Your employer will have to prove misconduct happened. You will have a chance to tell your side of the story. Many workers who are initially denied can win on appeal by explaining the circumstances to an appeals judge.

Key Takeaways

  • You can collect unemployment in Washington if you were fired for reasons other than misconduct, such as poor performance, inability to do the job, or circumstances beyond your control.
  • Misconduct means you deliberately or recklessly broke a rule you knew about; being fired for a single mistake or poor performance alone does not disqualify you.
  • Your employer must prove misconduct occurred; you will receive notice of their claim and can respond with your own account of what happened.
  • You must file your claim with the Department of Employment Security within a reasonable time after being fired, and you must be ready to work and searching for a new job to continue collecting.
  • If DES denies your claim, you can appeal to an administrative law judge, and many workers win on appeal by explaining the full context of their firing.

What Counts as Misconduct in Washington

Washington courts have defined misconduct narrowly. straightforward being fired does not mean you committed misconduct. Your employer must show that you knew the rule or standard, understood what was expected, and then deliberately or recklessly disregarded it. A single violation can count as misconduct if it was serious enough—for example, stealing, violence, or being under the influence at work. Repeated smaller violations can also add up to misconduct if you were warned and continued anyway.

Being fired for poor performance, inability to learn the job, or lack of skill does not count as misconduct. Neither does being fired because your employer's business changed, they no longer needed your position, or they made a mistake in hiring you. If you were fired because you could not meet a important date, missed a quota, or did not perform as well as your employer hoped, those are performance issues, not misconduct.

Insubordination—refusing a direct order—can be misconduct, but only if the order was reasonable and you understood it. If your boss asked you to do something unsafe, illegal, or outside your job description, refusing may not count as misconduct.

How to File Your Claim

File your claim with the Department of Employment Security as soon as possible after being fired. You can file online at esd.wa.gov, by phone at 1-800-318-6022, or in person at a WorkSource office. Have your Social Security number, driver's license or ID, and information about your last employer ready. You will need to provide your employer's name, address, phone number, and the dates you worked there.

When you file, DES will ask why you were fired. Answer honestly and completely. Explain what happened in your own words. If you were fired for a reason you believe is unfair or incorrect, say so. DES will then contact your employer and ask them to explain why they fired you. Your employer's account and yours will both go into the record.

After filing, you must continue to meet the requirements to collect benefits. You must be ready and able to work, you must be searching for a new job, and you must report your job search activities when DES asks. If you are not actively looking for work, you will lose your benefits.

What Happens After You File

DES will review both your account and your employer's account of the firing. This process usually takes one to three weeks. If DES determines you were fired for misconduct, they will send you a notice of disqualification. If they determine you were not fired for misconduct, they will approve your claim and you will begin receiving weekly benefits.

Your weekly benefit amount in Washington is based on your earnings during a specific period before you were fired, usually the past year. The state sets a maximum weekly amount that changes each year. You will receive this amount for up to 26 weeks, though in some economic conditions the state or federal government may extend the benefit period.

You must file a weekly claim to continue receiving benefits. You can do this online or by phone. Each week you will report whether you worked, how much you earned, and whether you are still searching for a job. If you find a new job, report your earnings when ready—DES will reduce your benefit by a portion of what you earn, but you may still receive partial benefits while you are getting back on your feet.

If DES Denies Your Claim

If DES denies your claim, you have the right to appeal. You will receive a notice explaining the reason for the denial and instructions for appealing. You must file your appeal within 30 days of the notice. You can appeal online, by mail, or by phone.

Your appeal will be heard by an administrative law judge. This is not a court proceeding—it is more informal. You can represent yourself or bring a representative. You will have a chance to tell your side of the story, answer questions, and respond to what your employer says. Many workers win on appeal because they can explain the full context of what happened, answer the judge's questions directly, and show that what their employer called misconduct was actually a performance issue or a misunderstanding.

Bring any documents that support your case: emails, text messages, performance reviews, written warnings, or notes about conversations with your boss. If witnesses can speak on your behalf—coworkers, supervisors, or others who know what happened—ask them to write a statement or be ready to testify by phone.

Working While You Collect Benefits

You can work part-time or full-time while collecting unemployment in Washington. Your weekly benefit will be reduced by a portion of what you earn, but you may still receive partial benefits. For example, if your weekly benefit is $400 and you earn $200 that week, you might receive $200 or less in benefits, depending on how DES calculates the offset.

Report all earnings honestly and on time. If you work and do not report it, DES may overpay you and ask you to repay the money. If the overpayment was your fault, you may also face a penalty. If it was DES's mistake, you usually will not owe anything back.

If you find a permanent full-time job, your benefits will end. You do not need to do anything—DES will stop paying once you report your new job. If you lose that job later, you can file a new claim.

Special Situations

If you were fired because of a disability or medical condition, you may have additional protections under the Americans with Disabilities Act (ADA) or Washington's state disability law. Being fired because of a disability is not misconduct—it is discrimination. If this happened to you, contact the Washington State Human Rights Commission or the federal Equal Employment Opportunity Commission (EEOC) in addition to filing for unemployment.

If you were fired in retaliation for reporting unsafe working conditions, wage theft, discrimination, or other illegal activity, that is also not misconduct. Washington has strong whistleblower protections. If you believe you were fired in retaliation, document what you reported and when, and explain this to DES when you file your claim.

If you were fired because you refused to do something illegal or unsafe, explain this clearly in your claim. DES and the appeals judge will consider whether your refusal was reasonable and whether your employer had a legitimate reason to fire you for it.

Frequently Asked Questions

Can I collect unemployment if I was fired for being late to work?

Being late once or twice is not misconduct. If you were late repeatedly and your employer warned you and you continued to be late, that could be misconduct. However, if you were late because of circumstances beyond your control—a childcare emergency, a broken car, a medical appointment—DES may not consider it misconduct even if it happened more than once. Explain the full situation in your claim.

What if my employer says I quit when I was actually fired?

DES will investigate. Bring any evidence that you were fired: a termination letter, an email from your boss, a final paycheck stub, or witness statements. If your employer has no documentation of a resignation and you have evidence you were fired, DES will likely rule in your favor. If it is unclear, the appeals judge will decide based on the evidence both sides present.

How long does it take to get my first unemployment check?

If your claim is approved without issues, you may receive your first payment within one to two weeks. If your employer contests your claim or DES needs more information, it may take longer. You can check the status of your claim online at esd.wa.gov or by calling 1-800-318-6022.

Do I have to tell my new employer that I am collecting unemployment?

No. Your unemployment claim is confidential. However, you must report any income you earn to DES, and your new employer will receive a wage report from you or DES for tax purposes. Your unemployment benefits are separate from your new job.

What if I was fired but I also have other income or savings?

Washington does not have an asset test for unemployment. Your savings or other income does not affect whether you can collect. However, if you have other income from work, you must report it and your benefits will be reduced accordingly. If your income is from investments, pensions, or other non-work sources, it does not affect your unemployment.