Washington Unemployment

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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

ESD denied my claim after being fired for 'insubordination' - need appeal advice ASAP!

I'm absolutely floored right now. Was working at a small law office for about 7 weeks before getting terminated. My boss claimed 'insubordination' but honestly, I just asked questions about procedures that didn't make sense (and pointed out some compliance issues). Filed for unemployment immediately and ESD initially approved my claim - even got two payments! Then suddenly yesterday I got a notice saying my former employer contested it, claimed I was deliberately trying to get fired, and now ESD has reversed their decision citing RCW 50.04.294(2)(a). I've pulled up the statute and unless I'm misreading something, asking clarifying questions about procedures isn't 'insubordination' - it requires deliberate disregard of reasonable directives. I have text messages showing I was actually trying to IMPROVE workflows! This employer has had MASSIVE turnover - like 14 people in the admin support roles in the last 18 months (office only has 2 admin positions total). I'm writing my appeal letter now and have to file by next Tuesday. Has anyone successfully appealed an ESD decision like this? What evidence worked best? Did you have a hearing? Any specific arguments that seemed to sway the judge? My rent is due next week and I'm seriously stressing.

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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Just discovered ESD has an 8-week limit on standby status per benefit year - caught me by surprise!

Well this was a rude awakening I thought I'd share with everyone! I work in construction in Vancouver and our project got temporarily suspended due to that crazy snowstorm we had in February. My boss gave our whole crew official standby letters (did everything by the book) and I filed for standby status thinking it would be smooth sailing. But when I checked my weekly claim status yesterday, it was stuck in adjudication. I called ESD this morning (miracle of miracles, got through after only 1.5 hours) and the agent told me I've already used my full 8 weeks of standby for this benefit year! Apparently there's a hard cap of 8 weeks total standby time per benefit year - not 8 consecutive weeks like I thought. Now they're saying I needed to be doing job searches for this claim even though I have a return-to-work date. Just posting this so others don't get caught in the same situation. Has anyone else bumped into this 8-week standby limit?

i dont get why they make this stuff so complicated!! just let people get their benefits when theyre not working! its not like any of us are trying to game the system, we just need to pay our bills until work starts again!!!!!

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For anyone else in this situation, here's a time-saving tip: Save a documented copy of your job search activities in your personal records even if you're on standby. This way, if you unexpectedly hit the 8-week limit, you'll have your job search documentation ready to upload immediately instead of scrambling to backfill activities or facing denials. The system requires 3 qualifying job search activities per week, which can include: - Job applications - Employment workshops through WorkSource - Creating accounts on job search websites - Networking events - Updating your resume and submitting it to companies Also, mark on your calendar exactly when you'll hit 8 weeks of standby for the benefit year so you aren't caught by surprise.

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This is smart. I wish I'd done this. When I hit my limit, I had to scramble to find places to apply to and it was a mess trying to document everything retroactively (which you technically can't do, but I tried anyway).

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ESD keeps hanging up when I call - anyone actually reach a human representative?

I swear I'm losing my mind trying to get through to ESD! I've called 17 times today and every single time, I either get the 'high call volume' message or it just disconnects me completely without warning. How is anyone supposed to resolve adjudication issues when the system literally hangs up on you?? I need to explain my availability issue before my benefits get cut off completely. My claim has been pending for almost 3 weeks now and rent is due in 5 days. Has ANYONE managed to speak with an actual ESD representative lately? What secret code am I missing??

I used to work for ESD before switching careers, and here's what I can tell you: The phone system is programmed to automatically disconnect when the queue reaches capacity (usually around 200-250 callers). This is frustrating but actually more efficient than leaving people on hold for 5+ hours. For your specific availability issue, here's what you should do: 1. Call exactly at 7:58am when the phone lines open 2. When prompted, press 1 for claims, 3 for agent 3. If disconnected, immediately try again 4. Keep detailed notes of each call attempt (time, date, result) If you still can't get through after 3 days of attempts, document this thoroughly and include it with your appeal if you get disqualified. The OAH (Office of Administrative Hearings) judges will often consider your good-faith efforts to resolve issues when making determinations. Also, send a detailed message through eServices with all relevant information about your availability issue. Specifically request adjudication of this issue. Print a copy of this message for your records.

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thats exactly what i said call at 7:59! good to know it wasnt just luck that it worked

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You're welcome! And yes, the early morning strategy does work better. Just be prepared that even if you get through, you might wait 45-60 minutes on hold. Make sure your phone is charged and you're somewhere with good reception.

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UPDATE: I tried the Claimyr service that someone mentioned above, and I ACTUALLY got through to a real person at ESD after weeks of trying! The representative was able to see that my adjudication was for my availability statement, and she updated my file with the correct information. She said the adjudicator should review it within 3-5 business days. Such a relief! Thanks everyone for your help and suggestions!

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Great to hear you got through! Make sure to keep filing your weekly claims while you wait for the adjudication decision. And if you haven't already, prepare any documentation that shows you're available for work (job search logs, applications, etc.) in case they request additional information.

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congrats! hope they approve it quick for you

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Will ESD automatically deduct my $411 overpayment from next week's benefits?

I just got a letter from ESD saying I have an overpayment of $411 from when I reported my hours wrong back in March. The letter is confusing me because it talks about different repayment options but doesn't clearly say if they'll automatically take it from my current claim. I'm still on unemployment and really need my full benefit amount next week for rent. Has anyone dealt with overpayments while still receiving benefits? Do they automatically deduct it or can I set up a payment plan? I'm freaking out because I can't afford to lose a whole week of benefits right now.

Good news - ESD doesn't always take the entire amount at once. By law, they need to leave you with at least 25% of your weekly benefit amount if you can demonstrate financial hardship, which it sounds like you can. So worst case scenario, they'll take 75% of your benefit amount, not the whole thing. Make sure you're very specific about your hardship circumstances in your request form and provide as much documentation as possible. And just to clarify something I've seen confused in other comments: the hardship waiver (where they forgive some/all of the debt) is different from a payment plan. The hardship waiver is much harder to get approved and typically only happens if the overpayment wasn't your fault. Since you mentioned you reported hours incorrectly, they'll likely not approve a waiver but should approve a payment plan.

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Thank you for explaining the difference! I definitely caused the overpayment by misreporting my hours, so I'm not expecting a waiver - just hoping for a payment plan. I did include copies of my rental agreement showing my rent is due next week and that it's more than 80% of my weekly benefit amount. Hopefully that's enough documentation.

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Final update: Success! I used that Claimyr service and actually got through to someone at ESD this afternoon. They confirmed they received my payment plan request and put a hold on the automatic recovery until they review my documents. The agent said it typically takes 5-7 business days to review payment plan requests but she noted in my file that my next payment is coming up soon. She also confirmed that if approved, they'll only take 25% of my benefits each week instead of the full amount. What a relief! Thanks everyone for your help!

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That's great news! Thanks for updating us. The ESD system can be so frustrating and it's good to hear when something actually works out.

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Training Benefits Program approval with hostile ex-employer - anyone succeed?

Been laid off for about 3 weeks now when my company 'restructured' my entire department (aka fired us to save money). I'm looking into the Training Benefits Program since I want to get certified in cloud security instead of staying in general IT support. The problem is I know my former employer will probably contest this. They already tried saying I was fired for performance during my initial UI claim (which I won after appealing). Has anyone successfully gotten Training Benefits even with a hostile ex-employer? I meet all the other requirements - my field is definitely declining in my area, I've found an approved program, and I'm within the enrollment deadlines. Just worried they'll sabotage me again with lies about why I was let go. Any tips for the Commissioner Approved Training application process?

Update to my earlier comment - one specific thing that helped me with my TB approval was getting a letter from my community college's worker retraining office. They helped document that my field was declining and that my new training path had strong employment prospects. Most community colleges and technical schools have these offices specifically to help with ESD training programs. They know exactly what ESD is looking for in the applications.

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That's a great idea! I'll reach out to Bellevue College's worker retraining office tomorrow and see if they can help with documentation. I didn't even think about that resource.

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