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One more important point: in your appeal, use the specific language from the law that works in your favor. RCW 50.04.294(2)(b) specifically states that "inability to meet the minimum job performance standards or requirements of the position" is NOT misconduct when it's about capability rather than attitude. Quoting the exact legal statute that supports your case can be very effective in these hearings, as it shows you understand the legal basis for your appeal. The judge will be evaluating your case based on these specific legal definitions.
I went through something very similar when I was let go from a data entry position for not meeting their speed requirements. Like you, I was accurate but just couldn't work as fast as they wanted despite genuinely trying my best every day. ESD initially denied me too, citing the same performance standards reasoning. The good news is I won my appeal! The key was demonstrating that I was making a good faith effort and that my "poor performance" was about capability, not willful misconduct. I brought documentation showing my accuracy rates were actually above average and that I had never been disciplined for anything other than speed. During the hearing, I emphasized that being "too methodical" (which sounds exactly like what your boss said about you) isn't misconduct - it's actually trying to do quality work! The judge agreed that struggling with speed while maintaining accuracy doesn't constitute willful disregard of the employer's interests. Make sure to appeal within the 30-day deadline and gather any evidence that shows you were trying to do good work. Performance reviews, emails about your accuracy, anything that demonstrates good faith effort. You've got a strong case here!
This gives me so much hope! Thank you for sharing your experience. It's really reassuring to hear from someone who went through almost the exact same situation and won. I'm definitely going to emphasize the "methodical vs. misconduct" angle in my appeal - that's such a good way to frame it. Did you have a lawyer for your hearing or did you represent yourself? I'm trying to figure out if I need legal help or if I can handle this on my own with all the great advice everyone has given here.
I'm going through the exact same situation right now! Been stuck in this automated phone loop hell for 4 days trying to resolve an "able and available" flag on my claim. Reading through all these responses is giving me hope that there's actually a way out of this mess. I'm planning to try the 8:00 AM sharp calling strategy tomorrow using the menu sequence (7 → 2 → 3) that several people mentioned, and I'll upload my documentation to eServices tonight. It's such a relief to hear from people like @Amara Chukwu who actually got through and had their issue resolved quickly once they reached a human. The fact that we all have to become detective-level experts just to access basic unemployment services is absolutely ridiculous, but I'm grateful for this community sharing all these workarounds. The Spanish line trick and callback option suggestions are brilliant - I never would have thought of those approaches. @Jamal Thompson - hang in there! It sounds like you have a solid game plan now with all these strategies. The system is broken but at least we're not alone in figuring out how to navigate it.
@Dana Doyle I m'in the exact same boat! Just started trying to reach ESD yesterday about my claim issue and stumbled into this phone system nightmare. It s'honestly comforting to know I m'not the only one losing my mind over this - I was starting to think I was just terrible at navigating phone menus! Reading everyone s'success stories here is giving me hope too. I m'definitely going to try that 8 AM strategy tomorrow and upload whatever documentation I have tonight. The fact that multiple people have confirmed the Spanish line workaround and callback option makes me feel like there might actually be light at the end of this tunnel. Thanks to everyone who shared their hard-won knowledge here - this thread is like a survival guide for ESD phone hell! We shouldn t'have to crowdsource solutions to access basic services, but I m'grateful we can at least help each other navigate this broken system.
I just want to say thank you to everyone who shared their strategies and experiences here! As someone who's been lurking in unemployment forums for weeks trying to figure out how to navigate ESD's phone system, this thread is pure gold. Reading about people actually getting through and resolving their issues gives me hope that my own claim problems aren't hopeless. I've bookmarked this entire conversation and I'm going to try the 8:00 AM calling strategy combined with uploading documentation to eServices first. It's honestly shameful that we have to become phone system hackers just to access unemployment benefits we're legally entitled to, but I'm so grateful for communities like this where people share their hard-won knowledge. The fact that multiple people have confirmed these workarounds makes me feel like I actually have a fighting chance now. Special thanks to everyone who shared specific menu sequences and timing tips - you're literally helping people pay their rent and buy groceries. This is what community support looks like! 💪
@CosmicCommander You're so right about this thread being pure gold! I just joined this community after spending two days banging my head against ESD's phone system wall, and finding this conversation feels like discovering buried treasure. I'm absolutely going to try the 8:00 AM strategy tomorrow - setting THREE alarms to make sure I don't miss that critical timing window! And I'm uploading every piece of documentation I have tonight, even stuff that might not seem directly related. Better to over-document than miss something that could help. It really is incredible how this community has essentially reverse-engineered a broken system and shared the solutions freely. The government should be paying you all as consultants for figuring out workarounds to their own systems! But seriously, knowing that real people have gotten real results using these methods makes all the difference. Thanks for helping restore some hope in what felt like a hopeless situation! 🙏
Thanks for the update! Hope it gets resolved quickly for you. Let us know what happens - it helps others understand the realistic timeframes.
That's great news! Really hoping the expedited review works out for you. I'm still waiting on mine (it's been 9 days now) but your success with Claimyr is encouraging. I've been hesitant to pay for a service like that, but if it actually gets you through to someone who can help, it might be worth it. The stress of not knowing when this will resolve is almost worse than the financial pressure. Please do update us when you hear back - it really does help to know what's realistic to expect.
I totally understand the hesitation about paying for a service when money's already tight, but honestly Claimyr was worth every penny for me. The stress relief alone of actually talking to someone who could look at my case was huge. I think it was like $20-30 (can't remember exactly) but compared to potentially losing my apartment if this drags on for weeks, it felt like a no-brainer. The fact that they got me connected in 20 minutes after I'd been trying the regular line for hours with no luck really sold me on it. Hope your claim gets resolved soon too - 9 days is still early compared to some of the horror stories here, but I know it feels like forever when bills are looming.
I'm in a similar boat - been waiting 12 days now for adjudication on a separation issue. The uncertainty is definitely the worst part. I keep refreshing my eServices account multiple times a day hoping to see some movement. After reading about everyone's experiences here, I'm starting to think I should try Claimyr too. Did you end up using it or are you still trying the regular phone lines? The success stories with getting actual human contact make it seem like it might be the only realistic way to get answers from ESD these days.
Thanks everyone for the helpful information! I feel much better knowing I don't have any tax obligations from my FMLA period. Definitely learned a valuable lesson about Washington's PFML program though - I'll be sure to apply for that if I ever need medical leave again. Really wish my HR department had mentioned this as an option!
This is such a common confusion! I went through the same thing when I took leave for my father's care last year. The key thing to remember is that FMLA and PFML are two separate programs that can work together: - FMLA = Federal job protection (unpaid) - PFML = Washington state income replacement (paid) Since you didn't receive any income during your leave, there's nothing to tax. But I'd recommend bookmarking the ESD PFML page for future reference - it's really generous coverage (up to 90% of your wages) and you pay into it through small payroll deductions anyway, so you might as well use it if you ever need leave again. Also, don't feel bad about not knowing - a lot of employers don't proactively inform employees about PFML benefits. It's relatively new (started in 2020) so many HR departments are still learning about it themselves.
This is really helpful context! I'm new to Washington and had no idea about the PFML program. When you say you pay into it through payroll deductions - is that automatic for all employees or do you have to sign up for it? And does it cover things like caring for family members too, not just your own medical issues?
Edwards Hugo
Just to clarify one thing I didn't see mentioned: make sure when you do get to file your weekly claim that you accurately report your earnings for that one day of work. It's always better to overreport than underreport, as underreporting can lead to overpayment issues later. You'll still receive partial unemployment for the days you didn't work, as long as your earnings for that one day don't exceed your weekly benefit amount.
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Dylan Fisher
•Good point! I have my pay stub for that day so I'll make sure to report the exact amount. Would I report the gross amount before taxes or the net amount I actually received?
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Edwards Hugo
•Always report the gross amount (before taxes and deductions). ESD uses your gross earnings when calculating your weekly benefit payment.
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Haley Bennett
I went through this exact same situation a few months ago and it was so stressful! Like others have said, you definitely need to wait for the reopened claim to process first - usually 1-3 business days. The good news is that once it processes, you'll be able to backfile for that partial week where you only worked one day. I was worried I'd lose out on those benefits too, but the system does allow you to file for previous weeks once your claim is active again. Just keep checking your eServices dashboard daily and the "File weekly claim" option should appear. Don't panic if it takes the full 3 days - the system is just slow sometimes!
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Mateo Martinez
•Thank you for sharing your experience! It's really reassuring to hear from someone who went through the exact same thing. I was definitely starting to panic thinking I'd miss out on those benefits. Good to know the system will let me backfile once everything processes. I'll keep checking my dashboard over the next few days and try to be patient with the slow system!
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