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Update us on how it goes! This thread has been really helpful for understanding the appeal process. Good luck with your case!
Just want to add something that helped me during my appeal - make sure you get your employee handbook and any written policies from your employer. If they're claiming misconduct, they need to show you actually violated a specific policy. In my case, what they called "misconduct" was actually just a disagreement about procedures that wasn't covered by any written rule. Also, if you have any text messages or emails with your supervisor about the scheduling issues, those can be really valuable evidence. The judges want to see the actual facts, not just what your employer claims happened.
This is such important advice! I didn't even think about getting the employee handbook. Since my situation is specifically about scheduling disagreements, having those written policies could really help show that I didn't actually violate anything formal. Do you know if former employees have a right to get copies of the handbook and policies, or do I need to request them through the appeal process?
You typically have the right to request copies of the employee handbook and policies that were in effect during your employment. I'd suggest calling HR at your former employer first - they're usually required to provide these documents to former employees upon request. If they refuse or give you the runaround, you can mention it during your appeal hearing and the administrative law judge can order them to provide the documents. Also, if you have any coworkers who are still there who could help you get copies, that might be faster than going through official channels. The key is getting the exact policies that were in place when you worked there, not updated versions.
Thanks everyone for all the helpful info! I'm going to get documentation from my doctor this week and submit the exemption request. Hopefully Washington ESD will approve it so I can focus on healing instead of pretending to look for jobs I can't do.
Hope it works out for you. And seriously consider using Claimyr if you need to talk to someone at Washington ESD about it.
I went through a similar situation with Washington ESD last year when I had carpal tunnel surgery. The key is being very specific in your doctor's documentation. My orthopedic surgeon had to write that I was "medically unable to perform repetitive hand motions required for data entry, typing, or manual labor" and gave specific weight restrictions. Generic letters saying you're "unable to work" won't cut it. Also, submit everything through the online portal AND follow up with a phone call (or use that Claimyr service if you can't get through). The whole process took about 3 weeks for me, but it was worth it to not have to fake apply for jobs I couldn't physically do. Keep documenting your job searches until you get official approval though - don't risk your benefits over a technicality.
This is really helpful advice! I'm dealing with a similar shoulder injury situation and was wondering - did your orthopedic surgeon use any specific forms from Washington ESD or did they just write the letter on their own letterhead? I want to make sure I get the documentation right the first time since it sounds like being specific about limitations is crucial.
Bottom line - yes Walmart will probably contest your claim, but that doesn't mean you won't win. Washington ESD sees through their standard objections all the time. Focus on documenting your case rather than worrying about their response. File now and build your evidence for adjudication.
I went through this exact situation with Walmart last year - they absolutely will contest your claim, but don't let that discourage you from filing. I was terminated for what they called "policy violations" but it was clearly retaliation for reporting safety issues to management. The adjudication process took about 7 weeks, but I ultimately won my case because I had solid documentation. Make sure you keep copies of all your safety complaint emails, any responses from management, and try to get witness statements from coworkers who can verify the timeline of events. Washington ESD adjudicators are experienced with these types of cases and can usually spot legitimate retaliation claims. File your claim today - every day you wait is money lost, regardless of whether they contest it or not.
This is super helpful to hear from someone who went through the same situation! 7 weeks sounds rough but knowing you won in the end gives me hope. I'm definitely filing today - you're right that waiting just costs money. Did you have any trouble getting your coworkers to provide witness statements? I'm worried some of them might be scared to get involved since they still work there.
I went through something very similar earlier this year - filed in September and everything was processing normally until suddenly it went into adjudication in early October. Turned out ESD had sent me a separation questionnaire that I completely missed because I wasn't checking my eServices inbox regularly enough. Once I found and completed it, my claim was approved within 10 days and I got all my back pay. The key lesson I learned is to check your eServices account every single day, not just when you file your weekly claims. They don't always send email notifications for important documents. Since you already found and completed that questionnaire, you're probably in much better shape now. Keep filing weekly and hang in there!
This is really encouraging to hear! I'm so relieved I'm not the only one who missed those questionnaires - I had no idea they wouldn't send email notifications for them. 10 days sounds much more manageable than the 4-7 weeks others are mentioning. I'm definitely going to start checking eServices daily now instead of just weekly. Did they give you any indication of when the review would be complete after you submitted the questionnaire, or did it just suddenly change to approved?
I'm going through the exact same thing right now! Filed on 9/28 and was in normal processing until 10/22 when it suddenly switched to adjudication. Like you, I was panicking because I couldn't figure out what I did wrong. After reading through these comments, I immediately logged into my eServices account and found TWO questionnaires I had completely missed - one about my work search activities and another about my separation from my last job. I had been relying on email notifications and apparently that's not how it works! Just submitted both questionnaires and really hoping this gets things moving. It's such a relief to know this is a common issue and not necessarily a red flag about my claim. Thanks for posting this - it literally helped me solve my problem!
CyberSiren
Just remember the weekly benefit is also subject to the state maximum. Even if the formula gives you a higher amount, you can't get more than the max weekly benefit amount.
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Zara Malik
•What's the maximum weekly benefit in Washington right now?
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CyberSiren
•I think it's $999 per week for 2025, but it gets adjusted annually based on the average weekly wage in the state.
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Miguel Alvarez
All this talk about calculations is making my head spin. I just want to know why I'm only getting $200 a week when I was making $800 a week at my job. Seems like I'm getting screwed somehow.
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Miguel Alvarez
•Yeah I might have to try that. This is ridiculous that you can't get basic information about your own claim.
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Lia Quinn
•@Miguel Alvarez That does seem unusually low for your income level. I d'definitely check your monetary determination first to see what wages they used in the calculation. Sometimes there are reporting delays or errors that can really mess up your benefit amount. If everything looks correct on paper but the math still doesn t'add up, you ll'probably need to speak with an agent to get it sorted out.
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