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Will my claim be denied?

Asked over 2 years ago - Seattle, WA

I was recently let go by my company after leaving a vulgar voice mail on a fellow employees phone following an after hours, company sponsored party (I was quite drunk). A few days later, I was told I was being fired because the other employee felt uncomfortable working with me.

My boss and I have both agreed that the stated reason for termination would be "irreconcilable differences with other employees" and that they would not attempt to contest or deny my unemployment claim.

Is there cause for concern here that my claim might be denied?

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Update: My employer actually put this in his response. While not directly refuting my claim, his reasoning was a bit more blunt. Also he stated I broke a company policy, whereas I stated I did not.

"I am pretty sure you will get a copy of our response. The choices to select were pretty limited, but basically I said that you were dismissed for breaking a company policy, that being inappropriate contact of another employee. It asks if was intentional, and I said that it seemed judgement was probably clouded at the time, but the environment created would have been hostile had we not made a change."

I'm pretty sure I'll get denied ( I think its ten weeks worth in WA), but I want to verify. Thank you.

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Attorney answers (1)

Alexandra A Filutowski

Reputation Level 10

Answered over 2 years ago. Employment / Labor Attorney in Seattle, WA.

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Regardless of what is posted in response to your question, you likely will still continue to worry. Additionally, any answer to this question cannot accurately predict what your former employer is going to do, let alone guarantee that the Employment Security Department (ESD), who administers unemployment benefits, will not deny your claim.

With that said, so long as your employer provides the above reason to the ESD, and the ESD adjudicator does not interpret such reason as you willfully violating any employee conduct policy - you should get benefits. See the below link to one of my prior posts responding to an unemployment benefits question. It contains information on the unemployment benefits claims process.

In the event your benefits are denied, you may want to consult an employment lawyer.

Unemployment Post

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