Yes, absolutely emphasize that 4 others were laid off simultaneously! That's extremely strong evidence of a restructuring rather than misconduct. Those commendation emails from just before the termination are also gold - they directly contradict the performance issues claim. Regarding documentation they might suddenly produce - if they present new documents at the hearing, you can request time to review them. You can also question when they were created, who created them, and why you never saw them before. As a statistical point, in Washington state, about 30-40% of employee appeals are successful, but that rises to nearly 60% in cases where the employee has documentation contradicting the employer's version of events. Your case sounds like it falls in that category.

Just wanted to add that the hearing will probably be conducted by phone due to the backlog ESD is experiencing. Make sure you're in a quiet place with good reception and have all your documents laid out in front of you. If you have trouble getting connected or get disconnected during the call, contact the Office of Administrative Hearings immediately - don't wait for them to call you back! I learned this the hard way.

Any updates? Did your payment go through yet?

Nothing yet! Still showing as 'processing' but I'm going to give it another week before I panic based on everyone's advice here. I'm looking into that Claimyr service as a backup plan if it doesn't change soon. Thanks for checking in!

one more thing to watch out for!! when ur doing ur weekly claims make sure u answer the questions right. if u say ur not able to work theyll deny u. u ARE able to work just with restrictions. big difference to them!!!!!

This is a common situation, and many people get confused about how to handle it properly. Based on my experience working with clients in similar situations (I'm a former workforce development specialist), here's what you should expect: 1. Your claim will likely go into adjudication for 3-6 weeks while they verify everything 2. You'll need to clearly document that your doctor has released you for some type of work 3. Your job search activities need to align with your medical restrictions 4. The adjudicator will likely call your previous employer to verify they can't accommodate your restrictions If your L&I claim gets approved while this is processing, you'll need to immediately report any time-loss payments to avoid an overpayment situation.

Former hiring manager here - those ESD determinations absolutely matter for lawsuits! When I worked at [large retailer], our legal team would get very concerned if an employee won their unemployment case, especially with a finding specifically stating the employee did nothing wrong. It often led to settlement offers rather than risking court. If your determination specifically mentions unsafe working conditions or retaliation, that's gold for a potential lawsuit. Make sure your attorney gets a copy of the complete ESD file - not just the determination letter.

One thing to watch out for - if you win a wrongful termination lawsuit later, ESD might come back and say you owe some benefits back if you receive lost wages as part of your settlement/judgment. It's not always the case, but worth keeping in mind so you're not surprised.

Im pretty sure the governer eliminated the waiting week back during covid. did they bring it back?? i got laid off in 2022 and didnt have a waiting week

Just to add some clarification - the waiting week can be confusing because it's not actually the week you *wait* to file, it's the first week you actually file! So in your case: - Week you got laid off = waiting week (if you filed a claim for it) - Second week = first payable week (assuming you're eligible) And remember that partial earnings during your waiting week can reduce your benefit amount for that week, but since it's unpaid anyway, it doesn't really matter financially. Just make sure you accurately report those earnings to avoid overpayment issues later!