Washington Unemployment

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ESD disqualified me after pay/hours cut - employer claims 'personal reasons' for quitting - help with appeal?

So frustrated with ESD right now! My employer reduced my hours and pay by 25% in August 2024, and after trying to make it work for 3 months hoping things would improve, I finally resigned in November. I had multiple conversations with management about returning to full-time status, but they kept saying 'maybe next month' and it never happened. I have the official letter they sent me with the pay/hour reduction details. I applied for UI benefits and actually got approved initially - received benefits for about two weeks. Then suddenly ESD disqualified me saying my employer claimed I quit for 'personal reasons' not because of the reduction in hours/pay! My resignation letter just stated the date of resignation without specifying reasons (big mistake, I realize now). I've already filed an appeal, but have two questions: 1) Is there anything in the ESD handbook or website that specifically states I had to inform my employer IN WRITING about my reason for quitting? I can't find this requirement anywhere. 2) Does my former employer have a financial incentive to fight my claim? Do they pay more unemployment insurance when former employees collect benefits, or is it just a flat rate regardless? They're having serious financial problems which might explain why they're being dishonest about my separation. The appeal hearing is in three weeks and I'm trying to prepare properly. Any help is appreciated!

my cousin works at esd and she says they always side with employers nowadays... system is broken

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This isn't accurate. ESD decisions are based on state law and the specific facts of each case. While initial determinations sometimes favor employers (who often have better documentation), many claimants win on appeal when they properly present their evidence. About 40% of claimant appeals are successful at the OAH level. The system has challenges, but it's not inherently biased against claimants.

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Thanks everyone for all the helpful advice! I've been taking notes and feel much better prepared for my appeal hearing now. I'll definitely organize my evidence showing the pay cut and my attempts to resolve it before quitting. I'm still trying to reach someone at ESD to find out exactly what my employer claimed, but it's nearly impossible to get through on the phone. Might try that Claimyr service if I can't get through in the next few days.

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Good plan. One more thing - if you haven't already, submit a written statement to OAH before your hearing explaining your side in detail. It becomes part of the record and gives the judge context before the hearing starts. Just be sure to get it in at least 3 business days before your hearing date.

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That hasn't been my experience at all. Phone and online claims are processed through the same system on the backend. The method of filing doesn't impact processing time - it's more about the complexity of your work history and whether there are any flags on your claim. I've worked with hundreds of claimants and haven't seen any statistical difference between phone and online filing times.

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Well I guess we'll have to agree to disagree. My cousin works for a company that handles layoffs and they ALWAYS tell people to file online for faster processing. But whatever, the whole system is broken anyway.

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Hey, so I'm an accountant (not a lawyer!) and wanted to mention - check with your tax preparer because your legal fees related to getting unemployment benefits might be tax-deductible on your federal return. It falls under "miscellaneous deductions" in some cases. Won't get you the full amount back, but could reduce your tax bill a bit depending on your situation.

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not true anymore sadly. The Tax Cuts and Jobs Act eliminated miscellaneous deductions subject to the 2% floor for tax years 2018-2025. legal fees for getting unemployment benefits used to be deductible but aren't currently. source: I'm a tax preparer

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One other thing to consider - how quickly do you need your back benefits? After winning my appeal, it still took ESD about 3 weeks to process the payment. If you're in a rush to get those funds, calling ESD directly after 7-10 business days to check on the status can sometimes speed things up. Just be prepared for a long wait time to speak with someone.

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That's good to know. It's been 4 business days since the judge's decision, and nothing has happened in my online account yet. I'll give it a few more days before I start calling. I definitely need those funds ASAP after draining my savings on rent and legal fees these past months!

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Make sure you know how long you have to appeal!!! I think its 30 days from when you got the denial but don't wait!!! The sooner you appeal the faster you'll get your hearing!!!

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You're right - the letter says 30 days. It's been about a week so I still have time, but I'm going to get it filed this weekend for sure.

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One more important thing - the burden of proof is on the employer to prove gross misconduct, not on you to disprove it. In your hearing, let them present their case first. They'll need to show clear evidence that you intentionally violated policies with awareness that it could harm the company. Testing errors alone usually don't meet this standard unless they can prove you deliberately skipped required steps knowing it would cause harm. Also, remember to stay calm during the hearing. It can be stressful, but judges respond better to clear, factual statements than emotional arguments. Stick to the timeline of events, the evidence you have, and the medical documentation. Don't get drawn into arguments about workplace politics or personalities.

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Thank you for this advice. I tend to get anxious in confrontational situations (part of my documented condition), so I'll prepare myself to stay calm and factual. It's reassuring to know they have the burden of proof, not me.

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One more thing to consider - when you file your weekly claims, make sure you answer the work search questions carefully. Since you have a medical restriction, you might be eligible for a work search exemption but you need to request it specifically. Otherwise, you'll need to do 3 job search activities each week. If you get the exemption, you'll still need to be "able and available" for suitable work that meets your restrictions. So technically you need to be looking for jobs that would accommodate your temporary medical condition. ESD can be really picky about this, and it's a common reason claims get denied even when people qualify otherwise.

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THIS!!! I almost lost my benefits because I didn't understand the work search requirements with medical restrictions. Make sure you call and ask specifically about getting coded properly in their system. The online instructions aren't very clear about this situation.

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To answer your specific question about what documents to upload - yes, definitely include both doctors' notes showing the similar restrictions. Also include: 1. Your termination notice/email 2. Any documentation about the accommodation they provided during pregnancy 3. Your job description 4. Recent performance reviews showing you were in good standing Don't specifically mention ADA or discrimination in your initial unemployment claim - stick to the facts about why you were terminated. The unemployment process just needs to determine if you're eligible for benefits, not whether your employer violated labor laws. If your claim goes to adjudication (which it likely will), you'll have a phone interview with an adjudicator. That's when you can explain the inconsistency between how they handled your pregnancy vs. your injury.

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Thank you so much for this advice! I'm starting to feel more confident about applying. I'll focus on the facts for the initial claim and will have all my documentation ready for the adjudication process.

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