Washington Unemployment

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Ask the community...

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The whole ESD appeal system is designed to favor employers. I had PERFECT documentation and still lost because the ALJ (Administrative Law Judge) decided my boss was "more credible" despite having zero evidence. The system is rigged, I'm sorry to say. Don't be surprised if you lose even with good evidence. I'm still fighting my case 8 months later. Appealed to Commissioner's Review Office but they rubber-stamp everything.

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While some people do have negative experiences, I wouldn't say the system is entirely rigged. In fact, statistics show that claimants win a significant percentage of appeals, especially when they have documentation. Your individual case may have had specific issues, but making blanket statements that the system is designed to favor employers isn't accurate or helpful to someone preparing for a hearing.

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Update: I just finished my hearing and I think it went well! The judge was super professional and didn't let my ex-boss interrupt me. When she tried claiming I was "insubordinate," the judge asked for specific examples and dates, and she couldn't provide any. He also accepted my last-minute evidence submission. I made sure to ask questions when it was my turn, just like you all suggested. I asked why the reason for my termination changed three times in her statements to ESD, and she got really flustered. The judge noticed that too. Now I just have to wait for the decision. Thank you all SO MUCH for your advice - I felt much more prepared and confident than I would have otherwise. Will update when I get the ruling!

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That sounds very promising! The judge asking for specific examples is usually a good sign. When they spot inconsistencies like changing reasons for termination, they tend to view the employer's entire testimony with skepticism. Wishing you the best outcome!

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My nephew went through something sort of similar last year but it was for a different reason than medical, his car broke down and he couldn't get to work for a few days and they fired him. But anyway his OAH hearing was scheduled after about 5 weeks and then it was another 3 weeks until the actual hearing happened. He ended up losing his case though because they said transportation issues aren't a qualifying reason. But medical issues are totally different so you should be fine I would think especially if you have all the documentation like you said.

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You're right that medical issues and transportation issues are treated very differently under unemployment law. Medical issues with proper documentation can qualify as good cause for missing work, while transportation problems generally don't unless there were truly extraordinary circumstances beyond normal car troubles.

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anybody else feel like the whole system is designed to frustrate us into giving up? like why should it take 2+ months to get a hearing for something this straightforward? not everyone can wait that long without income

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EXACTLY!!! That's what I've been saying. The entire system is RIGGED against workers. They WANT you to give up so they don't have to pay you what you're legally entitled to. It's all about saving money for the state, not helping people who paid into the system. It's disgusting.

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There's definitely room for improvement in the system, but the delays are often due to the sheer volume of cases. OAH processes appeals for many state agencies, not just ESD. While it doesn't help your immediate situation, many appeals are successful - about 30-40% of denials get overturned when appealed, which shows the system does work, albeit slowly.

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Getting through to ESD to ask this kind of question is practically impossible these days. I spent THREE DAYS trying to reach someone about a similar issue last month. Their phone lines are constantly busy, and when I finally got through, I was on hold for over 2 hours before being disconnected! I finally used Claimyr (claimyr.com) to get through to an ESD representative. They have this service that basically waits on hold for you and calls you back when an agent is available. Saved me so much frustration! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 This is definitely a question where you want an official answer from ESD rather than risking your appeal over advice from the internet (no offense to anyone here).

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i heard about that service but wasnt sure if it actually works. did u have to pay for it?

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Thanks everyone for the helpful advice! I'm going to keep my claim open and continue filing weekly claims until the appeal process is complete. I'll make sure to accurately report my new employment and income. I appreciate all the insights - this has been stressing me out for weeks!

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dont 4get that u also gotta do the job search requirements, its like 3 activities a week in washington. dunno what arkansas requires but make sure u keep track of everything!

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Thanks for the reminder! I'll definitely keep detailed records of my job search activities no matter which state I end up filing with.

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One more important thing to consider - once you determine which state to file in, you'll need to make sure you're following that state's weekly claim filing and job search requirements. Washington requires 3 job search activities per week that you must document and be ready to present if audited. They can deny benefits retroactively if you haven't been maintaining proper job search records. Also, when you apply with Washington ESD, be completely transparent about your Arkansas residency. Trying to hide that fact could lead to an overpayment determination later if they discover it.

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I appreciate all the advice everyone! I'm going to check with HR first thing tomorrow about where they've been reporting my wages, and then file my claim with the appropriate state. I'll definitely be upfront about my living situation and make sure I follow all the job search requirements. Hopefully the process goes smoothly, but it's good to know about options like Claimyr if I run into trouble reaching ESD. I'll update here once I get things figured out in case it helps someone else in the future.

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im on week 6 of waiting for my first payment lol. approved doesnt mean anything. welcome to the washington esd system!

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SIX WEEKS??? That should be illegal! Have you called them? Contacted your state rep? This is exactly why I'm saying the system is broken!!!

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ya ive called like 20 times. they keep saying "its in the system" whatever that means

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Just to follow up on this thread - one common reason for payment delays after approval is the bank verification process. ESD sometimes does micro-deposits to verify your account before sending the full payment amount. Check your bank account for any small deposits (usually less than $1) from Washington State. Also, if you have any previous employers contesting your claim, that can cause delays even after initial approval. The status might show approved while they're still resolving an employer dispute in the background. For weekly claims after your first payment, the standard timing is processing on Sunday/Monday and deposit by Wednesday/Thursday if there are no issues.

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Update: The money finally came through this morning! Looks like it took exactly 13 days after approval. Thanks everyone for your help and advice. For anyone else reading this later, just know that "approved" doesn't mean immediate payment - be prepared to wait 1-2 weeks for that first payment to process.

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Thanks for the update! Glad it worked out. And yes, that timing is pretty typical for first payments - subsequent ones should be faster now that you're in the system.

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