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have u checked ur correspondence folder in eservices? sometimes they send questions or need more info but dont email u about it
Update us when you get paid! I'm curious how long it'll end up taking in your case. It really seems to vary person to person.
Will do! I'm going to try calling that Benefits Accuracy Unit number tomorrow, and if that doesn't work, maybe try that Claimyr service someone mentioned. I'll post what happens!
UPDATE: I talked to my brother again and got more details. He definitely had a 12-month contract with no breaks in service (he even worked through summers doing major maintenance projects). The denial letter specifically cites RCW 50.44.050 about reasonable assurance of returning after breaks. He's going to call ESD tomorrow to try to get this straightened out, then file an appeal if needed. I'll update everyone once we hear something. Thanks for all the advice!!!
Perfect - that RCW citation confirms exactly what I suspected. This is a clear misapplication of the educational employee provision. When he calls, he should specifically ask to speak with an adjudicator who specializes in educational employee claims. Regular agents often don't fully understand the nuances of this rule.
One more tip: When your brother appeals, he should specifically request backdating of benefits to his original filing date once the appeal is approved. I've seen cases where ESD only paid from the appeal decision date forward, not from the original claim date. This could be thousands of dollars difference! Good luck!
Just to update - I used Claimyr a few months ago for a different issue (identity verification hell), and I got through to ESD in about 30 minutes after trying to call on my own for two weeks. Not all agents are equally helpful though - if the first person can't help, politely ask to be transferred to a claims specialist or adjudicator who can handle requalification issues.
Did you have to pay a lot for the Claimyr service? At this point I'm desperate enough to try anything but worried about costs when I'm already not getting my benefits.
UPDATE: After trying everything, I finally got through to ESD this morning! The agent confirmed exactly what you all said - I had a disqualification from 2020 that was still in their system, even though I've obviously earned way more than the requalification amount since then. They had to manually override it in the system. All my weeks have been changed from "disqualified" to "processing" and she said I should receive payment for all back weeks within 48 hours. THANK YOU all for your help and suggestions!
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.
Nina Fitzgerald
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.
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Ellie Lopez
•I'm sorry you had to go through all that! I feel lucky they gave me the waiver. I've already started keeping a detailed job search log in a spreadsheet so I can track everything carefully.
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Chad Winthrope
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.
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Jason Brewer
•the worksource workshops are actually helpful sometimes. i did the resume one and it helped me get a better job than my part time gig.
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