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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.
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.
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?
That's encouraging to hear! Did she do anything special to prepare for the hearing?
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
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.
Thank you so much for these specific references! I didn't know about these laws. I'll definitely call the OAH clerk tomorrow to see if I can submit my protection order. This gives me a bit more hope.
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.
Sometimes this happens if your claim requires additional information. Check if you have any alerts or tasks on your account. Another possibility is that they're processing a change to your claim status that you're not aware of yet. When this happened to me, I received a letter in the mail two days AFTER the weekly filing option disappeared.
UPDATE: The weekly claim option is back now! Looks like it was just temporary maintenance as some of you suggested. I was able to file my claim without any issues. Thanks everyone for your help and suggestions!
The exact same thing happened to my cousin a few weeks ago. She got paid without any letter, called ESD (took forever to get through), and they told her the payment was correct but the letter generation system was backlogged. Apparently they prioritize getting people paid over sending the paperwork, which makes sense if you think about it. But they also told her to keep checking her online correspondence inbox because sometimes they only send electronic notifications now instead of paper mail.
Quick update! After reading through everyone's experiences here, my suggestion would be to wait about 5 business days to see if the letter arrives. If it doesn't, definitely contact ESD for confirmation. What's important is that you have documentation of the decision in case there are any issues later. The fact you received payment is a very positive sign, though. In my 15+ years working with unemployment systems (as a claimant and later helping others), I've rarely seen cases where payment was issued incorrectly ahead of a decision.
Amara Nwosu
btw make sure ur still doing ur weekly claims even while waiting!!! my friend messed up and stopped filing while waiting for her issue to get fixed and then had to start a whole new claim!!!
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Liam O'Donnell
•Yes! I've been filing every Sunday without fail. That's good advice though - I've heard horror stories about people having to start over.
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AstroExplorer
Just to follow up on this thread - it's been about 2 weeks since you contacted the Governor's office. Have you received any response or seen any movement on your claim? The typical timeframe would be 7-14 business days for some kind of action.
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Liam O'Donnell
•Thanks for checking! Actually yes - I got a call yesterday from an ESD specialist! They said there was an employer response verification that was holding up my claim. They fixed it while I was on the phone and said I should see payments within 48 hours. So relieved! The Governor's office referral actually worked.
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