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Just to add something no one mentioned - RECORD EVERYTHING! Washington is a two-party consent state for recording, so you need to ask permission at the start of the hearing, but the judge will almost always allow it. Having a recording helped me tremendously when I had to fight an appeal decision later. Also, don't let your employer interrupt you - the judge should control this but sometimes they don't.
This is a really good idea, I hadn't thought about recording it. I'll definitely ask permission to record when we start. Thank you!
Since your employer is appealing a "discharged for misconduct" case, their burden of proof is quite high. They need to prove your actions were: 1. Willful or wanton disregard of employer's interests 2. Deliberate violation of reasonable policies 3. Carelessness so severe or repeated to show intentional disregard Simple poor performance usually doesn't meet this standard. If they never gave you written warnings or improvement plans, that works strongly in your favor. Since ESD already ruled in your favor once, you're starting from a position of strength.
This is really helpful - I never received any written warnings or improvement plan. My manager gave me some verbal feedback a few times but nothing formal or documented. I'll emphasize this during the hearing.
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Anyone else think it's super weird they're making OP train their replacement when they're letting them go for medical reasons? Like, if they can't do an essential job duty because of a medical condition, how are they supposed to train someone else to do it? This whole thing sounds fishy to me.
EXACTLY!!! This sounds like the employer is trying to manipulate the situation! They probably want to claim it was a medical separation for their own liability reasons but are trying to squeeze every last bit of work out of OP before letting them go. Classic corporate exploitation tactic!
That's a good observation. It depends on the situation - it's possible OP can explain how to do the task even if they can't physically perform it themselves. But if there's inconsistency in the employer's reasoning, documenting that could be important if there's ever a dispute about the nature of the separation.
Update for 2025: Just to clarify current ESD practices, when they evaluate a claim where someone quit after being told they would be laid off, they look at several factors: 1. Was there a definite layoff date communicated? 2. Was the reason for the upcoming layoff documented? 3. How long was the employee expected to continue working? 4. Was the work environment hostile or did conditions deteriorate? If you can document that you were told you'd be laid off for medical reasons, but they refused to give you an end date and expected you to continue indefinitely, you might have a case for "good cause" to quit. However, each case is evaluated individually, and having the official layoff on record is always the most straightforward path to benefits.
Thank you for this updated information. I had a meeting with my manager today and asked for a specific end date. They said they expect the hiring process to take "4-6 weeks" but wouldn't commit to an exact date. I got this in an email, so at least I have some documentation of a general timeframe. I think I'll try to stick it out since that's not indefinite, but it's good to know what factors ESD considers if things change.
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I hope your brother knows that the WA unemployment system is COMPLETELY BROKEN right now. I've been trying to resolve an issue for MONTHS with zero help. They'll probably deny him initially because that's what they do to EVERYONE these days!! And good luck getting anyone on the phone - the whole system is designed to make people give up. I'd tell him to apply but be prepared for a NIGHTMARE experience. And they don't care if you have bills to pay!!
While there can definitely be frustrations with the system, I don't think it's helpful to assume he'll be denied. Many claims with clear-cut eligibility (like termination through no fault of your own) are approved without issues. The key is providing clear documentation and accurately reporting his ability to work within his medical restrictions.
One more thing I wanted to mention - once your brother starts receiving UI benefits, he should connect with WorkSource. They can help him find suitable work within his medical restrictions, and some of their workshops count toward his required job search activities. This can be especially helpful for someone transitioning to a different type of work due to medical limitations.
That's really helpful, thank you! I didn't know about WorkSource. I'll definitely tell him to check that out, especially since he'll probably need to look for something different than construction work for now.
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One more important detail: Make sure your husband answers "no" to the standby question unless ESD has specifically approved him for standby status. On-call work is different from official standby status, which requires ESD approval and is typically only granted in specific circumstances like temporary layoffs where you have a return date. And absolutely keep detailed records of all hours worked at the concert venue, including dates, times, and pay. If ESD ever questions his claims, having this documentation will be essential.
That's good to know about the standby question - I think he's been answering that correctly. And yes, we're keeping careful records of everything. Thanks so much for all the help!
Did your husband register with WorkSource yet? They make you do 3 job searches every week now and my cousin got his benefits cancelled when he forgot to log them!
This is important - the job search requirement is back to 3 activities per week in Washington, and they're being more strict about enforcing it in 2025. Make sure he's documenting all job search activities properly in his weekly claims.
Isabella Costa
I should clarify something important about your retirement distribution. If it's a one-time distribution of $220 from a retirement account that's not from a base period employer (as you mentioned it's from 6 years ago), there's a good chance it won't affect your benefits at all. The key factors ESD considers are: 1. Is it from a base period employer? (In your case, no) 2. Is it regular pension/retirement income or a one-time withdrawal? (One-time distributions are treated differently) 3. Did you contribute to the retirement plan or was it entirely employer-funded? Make sure you explain clearly in the questionnaire that this was a one-time small distribution from a non-base period employer. That should minimize any impact on your benefits.
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Emma Thompson
•Thank you so much for this detailed explanation! I received the questionnaire this morning and made sure to specify exactly what you mentioned. Such a relief to understand how the system works!
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Chloe Robinson
i had simlar issue bak in January. they sent me a letter about 10 days later asking for more info. my payment was late but i got it all once i sent bank the form. hang in there!
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