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I have been replaced. Can I collect unemployment?

Seattle, WA |

My employer informed me I was being replaced with someone they believed would be more fiscally responsible & better able to bring down costs. I technically did nothing wrong, but in their eyes am not able to accomplish a major objective of theirs. do you think I can qualify for unemployment in WA state?
Thank You

Attorney Answers 3

Posted

If your employer fired you, you should file for unemployment. It sounds like you would probably be eligible for benefits, but if your employer contests your claim for some reason, you should seriously consider hiring a local employment attorney to help you pursue your claim.

Bottom line - there is no foreseeable harm to filing for benefits and filing is the only way to get your benefits and answer your question.

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.

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Posted

Yes. It sounds as though 1) you were terminated; 2) your employer does not accuse you of misconduct; and 3) is looking for a person who would be a better "fit." Based on the facts that you've provided above (and so long as the employer reports the same thing to the Employment Security Dept that they stated to you), I believe that you will be able to collect unemployment benefits. If you have any trouble collecting benefits or are denied at the first level, feel free to give me a call. Good luck.

This does not constitute legal advice. You should consult an attorney who can assess the facts of your case and discuss your legal rights and obligations.

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Posted

You can review the free information at www.esd.wa.gov to see whether you qualify for unemployment benefits.

One requirement is that you have accumulated enough work hours.

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1 comment

Julie Anne Oberbillig

Julie Anne Oberbillig

Posted

Attorney Nguyen is correct - there are some threshhold eligibility questions involved such as whether you have sufficient accumulated hours in your base year of employment to qualify, whether you are meeting ongoing eligibility criteria of making at least three job contacts per week, etc. My initial response was intended to answer only the question of whether a person in your circumstances would be likely to receive benefits when they are "not at fault" for the job separation. Mr. Nguyen raises a good point, though -- you should check the ESD website to make sure you are on track to get benefits.

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