Washington Unemployment

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Ask the community...

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when i had my appeal last year the judge let me submit new evidence at the hearing that i didnt include with my original appeal letter. so if you remember anything else helpful later you can still use it. also keep applying for jobs and document all that cuz they might ask about your job search during appeal too

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yep this is super important!!! u gotta keep doing those 3 job search activities every week and logging them even during appeal or they can deny u for that reason even if u win the misconduct thing

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Good reminder about the job search activities - I've been doing them but need to make sure I'm documenting thoroughly in case that comes up during the appeal too.

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One more thing I forgot to mention - if your appeal is denied, you can appeal AGAIN to the Commissioner's Review Office. I had to do this because I lost my first appeal, but won on the second level review. So even if the first appeal goes against you, don't give up! The higher level review often reverses decisions.

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I didn't know there was a second level of appeal! That's good to know. I'm really hoping to win on the first try though because I can't go much longer without income. Did you have to wait a long time between the first and second appeals?

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It took about 8 weeks between my first appeal hearing and getting the Commissioner's Review decision. Not fast, but worth it in the end. Hang in there!

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this happened to me to. i just started applying for jobs in portland even tho i live in vancouver. never would have taken them but who cares ESD just wants to see the numbers

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Just to clarify some of the advice here: while expanding your search area is reasonable, be careful about applying for jobs you have absolutely no intention of accepting. If you're offered a position and refuse it without good cause, ESD can disqualify you for benefits. "Good cause" typically means the job is unsuitable for your skills/experience, pays substantially less than your previous work, or would require an unreasonable commute. What constitutes an "unreasonable commute" varies, but generally anything over 1 hour each way might qualify - though ESD evaluates this case-by-case. If you're applying for remote positions or jobs in other cities with the genuine willingness to relocate if offered, that's completely legitimate. I'd suggest focusing on quality rather than quantity in your job search activities. Three meaningful activities each week that actually advance your employment prospects are better than scrambling to hit the number with activities that won't lead anywhere.

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i waited 2.5 weeks for my first payment but then all the other weeks came right away after that! hang in there

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Just following up - any update on your claim? Did your payment go through?

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Yes! It finally came through yesterday - exactly 17 days after I filed. You were right that the first one just takes longer. My second weekly claim is already showing as paid too, so it seems like the system is working now. Thanks everyone for the advice and reassurance!

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im pretty sure they check everything cuz my friend got caught lying about his hours and had to pay back like $5000 plus they added a penalty. dont mess with esd they will find out eventually

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Update: Wanted to share what happened in case anyone finds this thread with the same question. After 6 weeks of working part-time and claiming, I got a letter from ESD saying they're doing a routine audit of my claim. They asked me to submit copies of my paystubs for verification. Just like you all said - they do check! I'm glad I've been reporting everything accurately. Still waiting to hear back after submitting my documentation.

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Thanks for the update! This is the typical process. As long as your reported hours match your paystubs, you should be fine. The review usually takes 2-3 weeks to process.

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ESD denied my claim saying 'misconduct' but I was fired for complaining about abuse - need appeal help

I'm desperate for advice after being disqualified for UI benefits. I was fired from a freight company after sending an email to the owner complaining about the toxic work environment. For almost a year, I worked 12-14 hour days (averaging 170+ hours per pay period) with literally no breaks. The male management regularly screamed at dispatchers with racist comments and verbal abuse. I finally emailed one of the owners about the situation. Exactly two weeks later, they fired me claiming I was "smoking on premises" - which is completely false. I occasionally use a vape (with previous permission from supervisors due to my insane hours) but never smoke. Coworkers had warned me I'd probably get fired for sending that email. The day before they fired me, I had even gone to the ER with chest pains (thought I was having a heart attack) but still showed up for my shift! ESD just disqualified me for "misconduct" - but the smoking accusation was clearly just a pretext. The weird thing is the company offered me COBRA coverage, which proves they know it wasn't really misconduct (since Washington doesn't allow COBRA for misconduct terminations). This company is notorious for fighting every unemployment claim. I've already missed two rent payments and am about to lose everything. Has anyone successfully appealed an ESD disqualification for a retaliatory firing like this? What evidence do I need to gather?

UGH these companies that fight every claim make me so ANGRY!!!! I worked for a place like that - they'd fire people for made up reasons then contest EVERY SINGLE unemployment claim. And ESD just believes whatever garbage employers say!!! Make sure you emphasize that they NEVER warned you about vaping before. In my experience, judges want to see that employers gave warnings before firing for rule violations. Also, if you can get ANY coworker to text or email you confirming others vaped too without getting fired, that's gold!!! Shows they singled you out after your complaint email. Keep fighting!!!! The system is designed to wear you down but DON'T GIVE UP!!!!!

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You make an excellent point about the lack of prior warnings. Under Washington's unemployment regulations, even an actual rule violation may not qualify as misconduct if the employee wasn't given proper warning that the behavior could lead to termination. This is especially relevant for policies that aren't consistently enforced.

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just wondering what happened with ur appeal?? did u win?

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I filed the appeal yesterday! Hearing is scheduled for next month. I contacted the Unemployment Law Project and have a consultation with them tomorrow. I've been documenting everything and got two former coworkers (who recently quit) willing to provide statements about the work conditions and how management reacted to my email. Feeling cautiously hopeful but still super stressed about money in the meantime.

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