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Have you tried filing by mail as a last resort? ESD actually still accepts paper weekly claim forms! You can download the form from their website and mail it in. It's slower (takes about 5-7 days to process) but at least it gets done. Here's what I did when I had a similar issue: 1. Downloaded the weekly claim form from esd.wa.gov 2. Filled it out completely (make sure to answer all the job search questions) 3. Made a copy for my records 4. Mailed it to the address on the form 5. Called after a week to confirm they received it Not ideal, but works in a pinch!
I didn't know they still took paper forms! That's a good backup option if I can't get through on these phone numbers. Do you know if there's a time limit for mailing them in? Like do they need to receive it by a certain date?
The paper forms should be received within 7 days of the end of your claim week. So if your claim week ends on Saturday, they should receive it by the following Saturday. But honestly, they're usually pretty understanding if it's late because of mail delays, especially if you call and explain the situation.
i had this problem and ended up driving to my local worksource office. they have direct lines to esd sometimes and can help you file your claim there. just bring your id and social security card.
This is actually excellent advice! WorkSource offices can often help with unemployment issues. They don't process claims directly, but they usually have dedicated lines to ESD and can assist with basic claim filing issues. Just be sure to check their hours and if you need an appointment before going.
After your ESD appeal is resolved (hopefully in your favor), if you still want to pursue the wrongful termination lawsuit, you should know that Washington is an employment-at-will state, which means employers can fire you for almost any reason EXCEPT for legally protected activities like whistleblowing about safety violations. Your case might fall under the public policy exception to at-will employment. The Department of Labor & Industries also has a whistleblower protection program you might want to check out: https://lni.wa.gov/workers-rights/workplace-complaints/whistleblower-complaints
I actually won my ESD appeal without a lawyer. The key was being super organized. I created a timeline of events, had all my documentation ready, and practiced what I was going to say beforehand. The OAH judge was fair and listened to both sides. My employer didn't have documentation to back up their misconduct claim, so I won. Good luck with your case!
my friend did instacart while waiting for unemployment and ended up getting denied completely bc she made too much money one week. just be careful how much u work
I went through this last year. Two important things to remember: 1. You have to file weekly claims WHILE your initial claim is processing. You can only backfile for 4 weeks, so if you've missed more than that, those benefits may be lost. 2. For self-employment: ESD considers your GROSS earnings before expenses in the week you performed the work (not when paid). They apply this formula: (your weekly benefit amount) - ((gross earnings) - ($5 × 20%)) = adjusted weekly benefit So if your weekly benefit amount would be $850, and you earn $400 in self-employment in a week: $850 - ($400 - $80) = $850 - $320 = $530 benefit for that week Hope this helps!
One thing that hasn't been mentioned yet: if you do appeal, make sure you keep filing your weekly claims during the entire appeal process. If you win your appeal but haven't been filing weekly claims, you won't receive benefits for those weeks. This is a common mistake people make during appeals.
Thank you for this tip! I wouldn't have thought to keep filing during the appeal. Does that mean I need to keep doing the job search activities too, even while the claim is being appealed?
Yes, you must continue all job search activities and documentation during the appeal process. The requirement is still 3 job search activities per week that you must log either in the ESD system or your own records. If you win your appeal but haven't been conducting and documenting job searches, those weeks could still be denied.
THE SYSTEM IS RIGGED!!! Sorry but I've been through the appeals process twice and it's totally set up to favor employers. They don't care about your family emergency, they only care about technicalities and rules. You probably won't win anyway so why risk making your old company mad if you're trying to get hired back?
Anna Kerber
also check ur mail!!! sometimes they only send the important details through regular mail even if u signed up for electronic notifications. ESD is weird like that
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Roger Romero
One more thing - if it turns out your employer IS appealing, make sure you continue filing your weekly claims during the whole process. I almost messed this up thinking I should wait until the appeal was resolved. You need to keep claiming every week even with a pending issue or appeal!
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Derek Olson
•That's really good to know - thank you! I'll definitely keep filing my weekly claims while this gets sorted out. Just checked my mail today and nothing from ESD yet, so hoping this pending issue turns out to be nothing major.
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