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Quick update on something I forgot to mention - if your employer is going to be at the hearing (sometimes they are, sometimes not), be prepared for them to present their side. In my case, the payroll person from my company attended and actually ended up supporting my position because they realized their reporting to ESD had errors. So don't automatically assume your employer is "against" you in this process.
Thanks everyone for the advice! I've started gathering all my documentation and will submit it by the deadline. One last question - how long after the hearing did you get the decision? The waiting and uncertainty is killing me!
You'll typically receive the judge's written decision within 2-4 weeks after the hearing. The decision will explain the reasoning and your further appeal rights if you disagree with the outcome. If you win, ESD should remove the overpayment from your account within about 10 business days after the decision.
Thanks everyone for the helpful advice! I'll restart my claim on Thursday and make sure to accurately report my 16 hours of work this week when I file my weekly claim on Sunday. Fingers crossed everything goes smoothly - I really can't afford any delays right now with rent coming up. I'll update if I run into any issues.
One more important thing: make sure your employer has officially coded your separation as a layoff in their system. If they report it differently to ESD (like voluntary quit), it could trigger adjudication. If possible, get something in writing that confirms your position was eliminated. This documentation can be extremely helpful if any questions come up about your separation reason.
To add some clarity: When ESD places you in default status after missing a hearing, it means the judge made a decision based only on the evidence in your file, without your testimony. Since you didn't receive benefits and subsequently found employment, there are two distinct considerations: 1. For this specific claim: You don't need to worry about overpayments since you never received money. You should formally withdraw your claim by sending a message through eServices stating you found employment on X date and are withdrawing all pending appeals/claims. 2. For future claims: The default judgment creates a determination in your record. If you ever need to file for unemployment again, you may want to request a copy of that determination so you understand if there were any disqualifying issues noted that might affect future claims. This is really more about record-keeping than any immediate concern.
Thank you for breaking it down so clearly! This makes me feel much better. I'll get that message sent through eServices this week and request a copy of the determination just to have for my records.
One thing to remember is that there's a statute of limitations on these matters too. After a certain period (typically 3 years), ESD can no longer pursue most claims against you. Since you never received benefits, this is more of a technicality, but worth knowing for peace of mind.
Oh that's good to know! I'll still follow up with them as suggested, but it helps knowing there's a time limit on how long this could even theoretically be an issue.
When I started my job last year my sister-in-law who works in HR told me that I should file for that partial week but then I forgot and it was too late lol. Make sure you do it within the filing window or you'll lose out like I did!
ya i messed this up too once. u only have like the sunday-saturday window after the week ends to file or ur out of luck
Thanks everyone for the helpful advice! I went ahead and filed my weekly claim, reported my work start date, hours, and earnings. The system accepted it without any issues. Since I only made about $320 for those two days (and my WBA is $790), it looks like I'll get a partial payment. The confirmation page showed an estimated payment of $710, which makes sense based on the formula someone explained. Really appreciate all the help!
Great! And don't forget that once you've been at your new job for a full week, you don't need to formally "close" your claim - just stop filing weekly claims and ESD will automatically close it after a few weeks. Keep the information for your claim handy though, in case you need to reopen it within the benefit year.
Final advice: While going through this process, start job searching right away. Document all your job search activities each week (minimum 3 per week). Even if you're appealing a denial, you need to be doing and documenting your job searches to qualify for benefits when/if you're approved. The WorkSource website has good resources for tracking these activities correctly.
I've started looking already and keeping track of everything. One more question - do interviews count as job search activities or just applications? And if I have a doctor appointment that prevents me from job searching one week, will that disqualify me?
Yes, interviews definitely count as job search activities! Applications, interviews, attending job fairs, and even certain WorkSource workshops all qualify. For your medical appointments - you can request a temporary exemption from job search requirements due to illness by indicating this on your weekly claim. You may need to provide documentation, but ESD can approve temporary exemptions when you have valid reasons like medical treatment.
One more thing that helped speed up my approval: I uploaded a letter from the training provider that specifically addressed how the program meets ESD's criteria. They basically wrote that my program: 1. Leads to in-demand occupation (with data) 2. Can be completed within my benefit year 3. Is full-time (at least 12 credit hours or equivalent) 4. Will result in a credential recognized by employers Having all those points clearly addressed made a difference, I think. My career counselor at WorkSource helped me request this letter. Might be worth checking if your training provider can do something similar.
That's a great tip! I'll reach out to the program coordinator tomorrow and see if they can provide something similar. I hadn't thought about getting WorkSource involved, but that makes a lot of sense.
I would report the SUB payments just to be safe. I learned the hard way that when in doubt, it's better to over-report than under-report. ESD can always determine something isn't countable, but if you don't report it and they decide later it should have been reported, you're in trouble. Also, I recommend sending a secure message through your eServices account specifically asking about this situation. That way, you'll have written documentation of whatever guidance they provide. Make sure to reference the Revenue Ruling in your message so they understand exactly what you're asking about. In my experience, getting a definitive answer in writing from ESD is worth any temporary confusion or delay in processing.
This is excellent advice. Creating a paper trail through the secure messaging system in eServices is one of the smartest things you can do. Be specific in your question, cite the Revenue Ruling, and describe the exact nature of your SUB program payments. Then save that communication permanently.
Update: I managed to get through to ESD yesterday! The agent confirmed that properly structured SUB Program payments under Revenue Ruling 90-72 are NOT reportable as income for UI purposes in Washington State. However, she emphasized that the program must meet all the requirements: 1. Payments can't be in a lump sum 2. Payments must be linked to UI eligibility 3. The program must be properly registered with the state She advised me to get written confirmation from my employer that their program meets these criteria and to keep it for my records. She also noted this in my claim file. Thank you all for your help! For anyone else facing this situation, definitely try to get an official answer directly from ESD rather than relying on secondhand information.
Thats great! How did you actually reach someone? I've been trying to call about a different issue for 2 weeks and can never get through!
I used that Claimyr service someone mentioned above. Didn't want to spend the money at first but after wasting hours trying to get through on my own, it was worth it. Got connected to an actual claims specialist in about 25 minutes who knew what SUB programs were. Definitely ask for a tier 2 agent if you call - the first-level reps might not be familiar with these specialized programs.
I've worked in HR for 15 years and want to clarify something important: employers DON'T pay unemployment insurance "when you collect." They pay unemployment taxes quarterly based on their payroll and experience rating. The money goes into the state's UI trust fund, which then pays out benefits to eligible claimants. So when you file a claim, you're not directly costing your employer money at that moment. However, approved claims can impact their experience rating, potentially increasing their tax rate in future years. That's why some employers contest claims they believe are invalid - not because they're paying for your specific benefits out of pocket right now. And yes, as others have said, in Washington, employees don't contribute to UI funding at all. The PFML program is separate and does include employee contributions.
Thanks for this detailed explanation! So basically the company has already paid the UI taxes before I even file, but they might pay higher taxes in the future if too many ex-employees collect benefits. That makes much more sense. Is there a way to see how much my previous employer paid in UI taxes for me specifically, or is it just calculated on their entire payroll?
It's calculated on their entire payroll up to the wage base limit ($56,500 per employee in 2025), not tracked individually by employee. So there's no way to see how much was paid "for you" specifically - it all goes into the same pool. Their tax rate is determined by their overall claim history, size, and industry classification.
When I was laid off last month my manager said something like "try not to stay on unemployment too long because it costs the company money" and I honestly thought she was lying to pressure me into taking the first job I could find!! Now I understand what she meant - she was worried about their tax rate going up. I wish companies would just be transparent about how this all works instead of making us feel guilty for using a benefit we're entitled to.
Regarding your earlier question about texts to friends/family as evidence - yes, these can be helpful if they were written contemporaneously with the events. They show you were reporting these issues at the time they occurred, not fabricating them later. Make sure to redact any personal information about your friends/family if you submit these.\n\nAlso, for hostile work environment cases, it's crucial to demonstrate that you brought concerns to management when possible. If you have any documentation showing you reported problems to a supervisor or HR, these will significantly strengthen your case. If you didn't formally report issues, be prepared to explain why (fear of retaliation, no HR department, supervisor was the problem, etc.).
This makes me feel better! I did email my boss about the scheduling issues a couple times, and I have those. I also talked to him in person about the verbal abuse but he just said I was \
Nolan Carter
If you're worried about your employer contesting the claim again, start gathering evidence now: 1. Save any emails or documents about the layoff 2. Get the official layoff notice in writing if possible 3. Save any recent positive performance reviews 4. Document if others are being laid off at the same time (shows it's not just you) 5. Request a clear statement of the reason for separation in writing Having this documentation ready to upload when requested can speed up the adjudication process by several days. Also, when you file, be very clear in your initial application that this is a layoff due to lack of work/business needs/etc. - use those specific terms.
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Daniel White
•This is excellent advice, thank you! I'll start putting together a folder with all this documentation now. I know they're laying off about 15% of staff, so I can definitely show it's not just me. And I'll be careful about the wording on my application.
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Tasia Synder
One other thing to consider - have you checked what your weekly benefit amount might be? The calculator on ESD's website is pretty accurate. Knowing that number can help with your budgeting while you wait for approval. Also don't forget that the first week is a waiting week (you don't get paid for it) so factor that into your calculations too.
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Daniel White
•Good point about the waiting week! I had forgotten about that. I'll check the calculator today. I think I should be eligible for the max amount based on my salary, but it's good to confirm.
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