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Washington Unemployment

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Evelyn Martinez

ESD claim question - fired after giving notice to start new job, what termination reason to select?

I'm in a weird situation and need advice before reopening my ESD claim. I accepted a job offer at a new company and gave my two weeks notice to my current employer (manufacturing company). Instead of letting me work those two weeks, they escorted me out the same day and terminated me immediately. Now I have a 2-week gap before my new job starts and no income. I've had an unemployment claim before, but never dealt with this specific situation. When I reopen my claim, what should I select as my termination reason? Technically they fired me, but only because I was quitting. Would this be 'discharged' or 'quit' or something else? Does anyone know if I'll even qualify for these two weeks? Really worried about making a mistake and getting hit with an overpayment later.

KhalilStar

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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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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

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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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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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QuantumQuasar

Adjudication approved after 12 questions - can my employer still appeal ESD's decision?

I just received an email from ESD last night saying I won my adjudication after answering 12 questions on Monday! The decision statement specifically mentioned they ruled in my favor because 'the last time I missed work was excusable.' I'm still getting my unemployment benefits, but I'm paranoid my ex-employer might try to fight this decision even though they violated like 5 different RCW/WAC codes. Does anyone know if this is truly final, or can my employer appeal? Should I just keep doing my 3 job searches weekly and collecting benefits, or do I need to prepare for another battle? I really don't want any surprises after thinking everything is resolved.

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!

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QuantumQuasar

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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.

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Sofia Torres

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Wat RCW/WAC codes did they break? Just curious cuz my employer is also pulling some shady stuff

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QuantumQuasar

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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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Raul Neal

ESD overpayment waiver review process - anyone get refunded after already paying back?

I just got a letter from ESD saying I might qualify for an overpayment waiver refund for $9,400 I already paid back in 2022-2023! Has anyone gone through this recently? I'm skeptical because my experience with ESD has been a rollercoaster. Originally when I received the overpayment notice, I called and the agent told me 'don't worry about it, you won't need to pay it back.' Then 6 months later, they started garnishing my paychecks without warning! I ended up setting up a payment plan and paid everything off by working extra shifts. Now they're saying they might refund it all? I submitted the waiver application last week but haven't heard anything yet. The letter says the review process could take 8-12 weeks. I don't want to get my hopes up, but that money would be life-changing right now. Anyone else get a refund after already paying?

Jenna Sloan

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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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Raul Neal

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That's good to know. Mine wasn't fraud - they originally approved me when I was laid off, then a year later decided I didn't qualify for some technical reason I never fully understood. I'll keep checking my portal and mail daily to make sure I don't miss anything.

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Nia Thompson

8 weeks waiting on ESD payment - keep getting different timeframes

Im hitting my breaking point with ESD. I've submitted 8 weekly claims now and still haven't received a SINGLE payment. When I first called (after waiting 3 hours), the agent told me to expect 5-7 days for processing. Called back a week later and suddenly it's "8-9 weeks is normal processing time." My account just shows "pending" with no explanation. My rent is already late and I'm burning through savings. Has anyone actually gotten their benefits after waiting this long? Is there anything I can do to speed this up or at least get a straight answer about when I'll actually see money? I'm beginning to think this system is designed to make people give up.

Zoe Dimitriou

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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

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Carmen Ruiz

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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.

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Nia Thompson

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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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Liam McGuire

Won my ESD appeal - how long until benefits actually arrive?

Just got the decision letter today saying I won my appeal against ESD's disqualification! After 8 weeks of stress and zero income, this feels like such a relief. The letter says the decision is 'final and binding' but doesn't say anything about when I'll actually see money in my account. My rent is due on the 15th (only 10 days away) and I'm really hoping the payment comes through before then. Anyone here been through the appeal process? How long did it take between winning your appeal and actually getting your benefits paid out? Did they pay everything at once or in chunks? And did you have to do anything extra to make it happen, or does ESD automatically process it once the decision is made? I'm trying not to get my hopes up for immediate payment, but my landlord is already making noise about late fees...

Ava Rodriguez

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congrats!!! i'm still waiting for my hearing date after 5 weeks. this gives me hope!

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Liam McGuire

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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!

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Liam McGuire

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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.

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luckyyyy!!!! let us know when it actually shows up! i'm in a similar boat.

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