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One more important thing to note - this payment may have tax implications. Even though the claim is from 2021, if you received the payment in 2025, it counts as income for your 2025 taxes. ESD should send you a 1099-G form next January that you'll need to include with your tax return. Make sure your address is updated in the ESD system so you receive this form.
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?
lol i think ur getting wayyy ahead of urself... who knows what the unemployment system will even look like after ur out... they change the rules like every 6 months anyway!!! good luck tho
One more important point: When you're released, if your benefit year has expired, you'll need to have worked and earned qualifying wages AFTER your previous claim was filed to be eligible for a new claim. This means you likely need to find employment first, work for a while, and then if you lose that job through no fault of your own, you could file a new claim. Unemployment isn't designed to restart after a long absence from the workforce - it's specifically for people who have recently lost employment. Focus on reentry programs that help with job placement after incarceration, as these will be more immediately helpful than trying to restart unemployment benefits.
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!
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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