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I've been through THREE adjudications and two appeals (different issues over 2 years). Here's what happens if they appeal: 1. You'll get a notice from OAH with hearing date/time 2. Prepare your evidence BEFORE the hearing 3. During the phone hearing, a judge will ask both sides questions 4. BE HONEST - don't exaggerate anything 5. The judge usually decides within 1-2 weeks It's stressful but not terrible if you're prepared. And if they mentioned you had "excusable" absences, that's ESD language for "you didn't do anything wrong" so that's a good sign!
This is super helpful - thank you! I'll definitely be honest if it comes to a hearing. The absences were all documented medical issues that my employer knew about but still used against me.
Wat RCW/WAC codes did they break? Just curious cuz my employer is also pulling some shady stuff
They violated attendance policies (didn't follow their own written policy), failed to provide reasonable accommodation for documented medical issues, and terminated me while I was on approved medical leave. I don't remember the exact codes but the adjudicator mentioned them in the determination.
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One more thing to be aware of - if your overpayment was due to fraud (like if someone else filed using your information), those are NOT eligible for waivers. But if it was a legitimate mistake or ESD's error, you should be good. Also, make sure you respond to any requests for additional information immediately - they only give you 5 business days to respond before potentially denying the waiver.
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my cousin had this exact same thing happen and he ended up having to wait 3 months total! but he did eventually get ALL the back pay. so at least you'll eventually get a big chunk of money all at once... small consolation i know when bills are due now
Since your employer is contesting your claim, you should prepare for a possible appeal if your claim is denied. Washington has a process where you can appeal a determination within 30 days. Document everything related to your layoff, and if possible, get statements from former coworkers who can confirm you were part of a workforce reduction. In the meantime, you might want to inquire about hardship assistance through DSHS or local community organizations while you wait for your unemployment benefits to come through. Many counties have emergency rental assistance programs that can help bridge the gap.
That's a good idea about the hardship assistance. I'll look into that tomorrow. I really hope it doesn't come to an appeal, but I'll start gathering everything just in case. This whole process is so exhausting.
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congrats!!! i'm still waiting for my hearing date after 5 weeks. this gives me hope!
Hang in there! My hearing took about 6 weeks to get scheduled after I filed the appeal. The waiting is really stressful, but it's worth fighting if you believe ESD made a mistake. Hope your hearing goes well!
UPDATE: Got through to ESD this morning! Used the Claimyr service that someone suggested and it worked perfectly - got connected in about 20 minutes. The agent confirmed they received my appeal decision and said the system shows my payment should process in 5-7 business days. She also verified all my weekly claims were in the system correctly. The relief is real! Thanks everyone for your help and advice. I'll update again when the money actually hits my account.
luckyyyy!!!! let us know when it actually shows up! i'm in a similar boat.
KhalilStar
im confused, if you already quit why would you get unemployment at all? aren't you only supposed to get it if you're laid off? not trying to be rude just don't understand how this works
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Benjamin Carter
•The key detail here is that OP gave notice (planning to work 2 more weeks) but the employer cut them off immediately. In that specific scenario, ESD treats it as a discharge, not a quit, because the employer chose to end the employment before the employee's intended end date. It's a bit of a technical distinction but important for unemployment purposes.
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Maya Lewis
make sure when u file ur weekly claims that u say ur able and available to work even tho u have a job lined up. if u say no to either question u wont get paid
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Evelyn Martinez
•Thanks for the tip! I am actually able and available to work during this gap, so I'll make sure to answer those questions correctly.
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