Make sure you download and save a copy of the judge's decision when you get it! ESD's system sometimes loses documents, and having that official decision on hand can save you TONS of headaches if there are any issues with your claim in the future. I learned this the hard way when I needed to reference my appeal decision months later and could no longer access it in the portal.

Based on what you described, you've almost certainly won your appeal. When judges catch employers misrepresenting facts, they take it very seriously. The statement about not allowing another hearing is especially telling - that's judge-speak for "I've seen enough to make my decision." After you receive the written decision (typically 7-10 days after the hearing), ESD will automatically process it and restart your benefits. You should see all back payments for the weeks you've continued to file come through as a lump sum. One thing to be aware of: your employer technically has 30 days to appeal the OAH decision to the Commissioner's Review Office, though this is relatively rare when they've been caught in a misrepresentation during the hearing.

So, If I am a contractor with a company from a different state do they pay into SUTA?

No, contractors typically don't have unemployment taxes paid on their behalf. SUTA (State Unemployment Tax Act) is only paid by employers for their W-2 employees. As a contractor, you're considered self-employed, so the company you work for doesn't pay unemployment taxes to any state for your services - whether they're in Washington or another state. This means you generally wouldn't be eligible for traditional unemployment benefits. However, during the pandemic there was PUA (Pandemic Unemployment Assistance) for contractors and gig workers, but that program ended in 2021.

One last thing - if you do end up filing for unemployment after quitting, be completely honest on your application. Don't try to make it sound like you were fired or laid off. Washington ESD will find out the truth anyway and lying on your application can disqualify you permanently.

Just wanted to add that you should also consider filing a complaint with the Washington State Department of Labor & Industries (L&I) if your supervisor's behavior involves workplace safety issues or violates labor laws. Even if it doesn't directly help with unemployment eligibility, having an official complaint on record can strengthen your case that the work environment was genuinely problematic. Plus, L&I might be able to address the underlying issues at your workplace so other employees don't have to go through what you're experiencing.

This is such helpful information! I'm in a similar situation where I was laid off in December but didn't file right away because I had some freelance work lined up that fell through. I've been putting off calling ESD because the wait times are so brutal, but seeing that you actually got through and they were able to help gives me hope. Quick question - when you say they're sending you forms for each week, do they mail those or send them through eServices? And roughly how long did they say the processing would take once you submit everything back? I'm looking at potentially 8-10 weeks to backdate so I want to make sure I'm prepared for the timeline. Thanks for sharing your experience and congrats on getting through the whole process!

Just wanted to add my experience for anyone else going through this - I successfully backdated 12 weeks last fall after my adjudication was approved. The key thing I learned is to be VERY organized with your documentation before you call. I created a spreadsheet with dates, company names, job titles, and application methods for every single job I applied to during those missed weeks. When I finally got through to ESD (used the callback feature which helped avoid sitting on hold), the agent was impressed with how prepared I was and processed everything much faster. They told me having detailed records upfront often means they don't need to request additional documentation later, which speeds up the whole process. One tip: if you applied through multiple job sites (Indeed, LinkedIn, company websites), take screenshots now if you can still access your application history. ESD likes to see variety in your job search methods. Good luck everyone - it's definitely worth the hassle to get those missed weeks!

Just remember to check your SecureAccess Washington account regularly for updates on your claim status. Washington ESD will post their determination there first, and you'll get a written notice in the mail with the full explanation of their decision.

I went through a similar misconduct review with Washington ESD about 8 months ago. My employer claimed I was fired for poor attitude and insubordination, but it was really just disagreements about unrealistic deadlines and understaffing issues. Washington ESD approved my benefits after about 3 weeks of review. They seemed to understand that workplace conflict doesn't automatically equal misconduct. The key thing that helped my case was showing that I tried to resolve issues through proper channels first - like emailing HR about my concerns. Do you have any documentation of trying to address the childcare/scheduling issues with your employer before they escalated?