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I'm a former case manager who worked with DV survivors on benefits issues. Here's what I recommend: 1. Contact the OAH clerk ASAP and ask about submitting additional evidence for your good cause determination - specifically your protection order and any DV services documentation. 2. For the actual appeal, Washington state law (RCW 50.20.050(2)(b)(iv)) specifically protects people who leave work due to domestic violence situations. Make sure your appeal cites this specific law. 3. As for the hostile work environment claim, that's covered under RCW 50.20.050(2)(b)(iii), but you'll need to demonstrate that the conditions were so intolerable that a reasonable person would leave. Your documentation of unpaid overtime and verbal abuse will be crucial. Hang in there - this process is frustrating but there are protections built into the law for situations exactly like yours.
One thing I learned from my experience - judges want to see that you made EVERY possible effort to resolve issues before quitting. For your hostile work environment claim, be prepared to answer these specific questions: 1. What specific actions did you take to report/resolve the issues? (emails, meetings, etc.) 2. What specific response did you receive? 3. Why was continuing to work there impossible/unreasonable? The more specific examples you can provide, the better. They're looking for concrete reasons, not just general statements about a hostile environment.
That's really helpful, thank you. The owner was the main problem, so reporting to him about his own behavior wasn't really an option. But I did text him several times about the overtime issues and inappropriate comments. I kept those texts and screenshots of scheduled vs. actual hours. Hopefully that will be enough to show I tried to address it before leaving.
Quick update to my earlier comment - I just remembered the timeline more clearly. After contacting the governor's office, I got an email response in 2 days saying they'd forwarded my case to their ESD liaison. Then I got a call from an ESD specialist 4 days after that, who told me they were expediting my review. My adjudication was completed and benefits paid 3 days after that call. So about 9 days total from governor contact to resolution.
UPDATE: Just got a call this morning from someone at ESD! They said they received my case from the governor's office yesterday and were putting it on priority review. The agent couldn't give me an exact timeline but said they're working to resolve it this week. So it took 6 business days from my governor's office contact to get actual movement. Will post again when I get the final decision!
Just to update everyone in this thread with accurate information: for vacation/holiday pay specifically, you need to report it for the week it was PAID, not the week it was earned or accrued. Many people get confused about this. So if your final check with the PTO payout was issued this week, you would report it on this week's claim, even if the PTO was technically earned months ago. This is different from how regular work hours are reported (which are reported when worked).
UPDATE: I spoke with an ESD representative this morning (used that Claimyr service which actually did work great). They were understanding about the mistake and had me fill out a statement explaining what happened. They said they'll calculate any overpayment and send me a notice with options for repayment. The agent assured me that since I self-reported, this wouldn't be considered fraud - just an adjustment that needs to be made. Such a relief! Thanks everyone for your advice and sharing your experiences.
After seeing your update about getting disconnected multiple times, I really do recommend trying Claimyr. I was in the same boat - disconnected constantly, couldn't get through for weeks. It's frustrating that we have to use a service just to reach a government agency, but it saved me so much stress. The peace of mind from actually talking to someone was worth it. Regarding collections - they typically don't start aggressive collections during an appeal, but they may send you notices. Make sure to respond to those notices by stating you have an appeal pending. Keep documentation of everything.
Since you mentioned childcare issues, I want to add some specific advice for your appeal: 1. Washington state actually has a "parental obligation" provision that can allow for reasonable childcare-related restrictions. Emphasize this in your hearing. 2. When explaining your situation to the judge, be very specific about your overall availability. For example: "I'm available to work 38 out of 40 standard hours in my industry. My only restriction is Sunday 9am-12pm due to temporary childcare issues." 3. Bring documentation of your efforts to secure alternative childcare for those hours. 4. Be prepared to explain why this restriction doesn't significantly impact your employability in your field. The key is showing that your restriction is both reasonable and doesn't substantially diminish your ability to accept suitable work. Given that yours is just Sunday morning and temporary, you have a good chance of winning your appeal if presented properly.
Morgan Washington
I recommend focusing on two things before hiring an attorney: 1. Build your evidence file. Gather ALL documentation showing you were available for work (job search logs, application confirmations, interview emails, any correspondence with potential employers). 2. Review the exact reason for disqualification in the letter. ESD uses specific terminology, and understanding exactly what they're claiming is crucial. If you've been claiming that you were available for work but something in your weekly claims contradicted this (like saying you were out of town, had transportation issues, or couldn't work certain days), that could be the basis for their decision. Only after having this clear understanding should you consult an attorney. Knowing employment law in WA, Lisa Johnson at Employment Rights Northwest is excellent, but not cheap ($225 consultation). The Unemployment Law Project suggestion above is probably your best first step.
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Gavin King
•Thanks for the detailed advice. My disqualification letter says I indicated "not available" on two weekly claims, but I know I didn't select that! I have screenshots of my job search activities for every week. So frustrating they can just cut you off based on what must be their error.
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Lucas Turner
My neighbor had this EXACT problem last month!!! she had to go to a hearing and everything. ended up the esd person clicked the wrong thing in their system. she didn't even use a lawyer just brought all her job search stuff and won. save ur money maybe?
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Gavin King
•That's encouraging to hear! Did she do anything special to prepare for the hearing?
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Lucas Turner
•she just organized all her job search logs and had printouts of emails from places she applied. the judge was actually pretty nice from what she said. not like on tv lol
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