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Just a heads-up - make sure you get ANY payment arrangement in writing! I had a verbal agreement with an ESD rep for a $50/week plan, but it never got properly entered into their system. Three weeks later they went back to taking the full amount. When I called again, they had no record of my previous arrangement. Always ask them to email you confirmation of any payment plan they set up.
Update on your waiver situation: ESD has been severely backlogged on processing waivers since 2023. If you submitted yours over a year ago, you should submit a new one with current financial information. The process should take 60-90 days, but as you've experienced, it often takes much longer. In the meantime, definitely pursue that payment plan. When you call, be prepared with: 1. Your current income from all sources 2. Your essential monthly expenses (rent/mortgage, utilities, food, medical, etc.) 3. The minimum amount you can reasonably pay each week Based on this information, they'll determine what's manageable for your situation. They can implement the payment plan immediately, even retroactively in some cases.
I got through to ESD this morning! They're setting up a $65/week payment plan starting with my next payment. They said my waiver was denied months ago because I didn't respond to their request for additional documentation (which I never saw). I'm submitting a new waiver today with all my current financial info. Thank you all for the guidance - this community has been a lifesaver!
I dealt with the SAME EXACT garbage last year! The standby rules are different from regular UI rules and ESD does a terrible job explaining the transition. My claim got denied for two weeks and I had to appeal and wait THREE MONTHS to get my money back. This system is designed to make people fail, I swear. Just be super careful about documenting EVERYTHING from now on.
For those following this thread: here's what counts as a job search activity for part-time workers still receiving benefits: 1. Applying for a job 2. Attending a job fair 3. Creating a profile on a professional job-matching site 4. Taking a civil service exam 5. Participating in WorkSource workshops 6. Interviewing with potential employers Remember that WorkSource now offers virtual workshops that count toward your activities. This can be easier to fit around a part-time work schedule.
not sure about appeals but i got disqualfied in december and just found a new job instead of dealing with esd. too much hassle tbh. goodluck
One thing I forgot to mention in my first comment - prepare for your hearing like it's a job interview. Dress professionally (even for a phone hearing, it puts you in the right mindset), speak clearly and calmly, and stick to FACTS rather than emotions. The judge who handled my case seemed really impressed that I had organized my evidence chronologically in a binder with tabs and could immediately reference specific dates and conversations. Don't interrupt the employer's testimony even when they're lying - just make notes and address each point when it's your turn. One last thing - remember that the hearing is being recorded, so avoid swearing or getting emotional, no matter how frustrating it gets!
This is excellent advice. Administrative Law Judges (ALJs) hear many cases every day, and being organized makes their job easier, which works in your favor. I'd add that you should practice your opening statement beforehand - you usually get 5 minutes to explain your side before questioning begins. Focus on the key facts that show you didn't voluntarily quit but were essentially forced out due to impossible conditions.
Former ESD appeal attorney here. The deadline to appeal is critical - file it even if you're still gathering evidence. You can always withdraw if needed. For your specific situation (alleged unauthorized data access), you'll need to prove: 1. You were authorized to access the systems in question 2. You used them for legitimate work purposes 3. You didn't violate any clearly communicated policies The legal standard for misconduct in Washington requires that your actions were: - Willful or wanton - Deliberately violating employer interests - Showing substantial disregard for your employment obligations If this was simply a misunderstanding about what systems you were allowed to use, that typically doesn't rise to misconduct level. Make sure you emphasize your 4-year positive work history and perfect performance reviews. As for legal representation, the Unemployment Law Project is excellent and offers sliding scale fees. Call them at 206-441-9178 or visit unemploymentlawproject.org.
wow u seem like u really know ur stuff! do u still work with unemployment cases? my sister is about to have a hearing next month and could use some advice
One thing that really helped me win my appeal was printing out the actual RCW (state law) definition of misconduct and bringing it to my hearing. It's RCW 50.04.294 if you want to look it up. The legal definition is much narrower than what most employers think. Most importantly, if this was just a misunderstanding about which systems you were authorized to use, that's likely NOT misconduct under the law. Misconduct requires you to deliberately disregard your employer's interests. Bring any training materials or emails showing you were given access to these systems. If you have performance reviews showing you were a good employee, bring those too - they help show you wouldn't deliberately violate policy. Oh, and if you decide to get an attorney, many will do a free consultation to evaluate your case. Some work on contingency (only get paid if you win).
This is incredibly helpful! I just looked up RCW 50.04.294 and you're right - it's much more specific than I thought. It says misconduct doesn't include "inadvertence or ordinary negligence in isolated instances" or "good faith errors in judgment" - which is exactly what happened in my case if anything. I'll definitely print this out for my hearing.
Emily Parker
this happens literally every holiday but ppl always panic lol. memorial day, july 4, labor day, all the same. ESD computers dont work on holidays either apparently
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Justin Evans
•Look not everyone has been on unemployment for years and knows all the little quirks of the system! Some of us are new to this whole nightmare process and when money doesn't show up when expected it's SCARY!!!
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Joshua Wood
For future reference, here's how the ESD payment schedule typically works: - File weekly claim on Sunday - Processing Monday-Tuesday (add a day for holidays) - Payment processing Tuesday-Wednesday (add a day for holidays) - Funds available Wednesday-Thursday (add a day for holidays) So with a Monday holiday, expect everything to be pushed back to Friday or the following Monday. Also worth knowing that end-of-month claims (like the ones that overlap June/July or December/January) often take longer because of ESD's accounting cycles.
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Katherine Harris
•This is super helpful - I'm going to save this info for future reference. I had no idea about the end-of-month claims taking longer too. Good to know!
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