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Yes, absolutely mention that! When filing your new claim, there should be a section asking about the reason for separation. Select
I'm in a similar situation and just wanted to share what worked for me last year. When I filed my new claim on the Sunday after my benefit year ended, I made sure to have ALL my paperwork ready - W2s, pay stubs from the last quarter, and a detailed list of all my employers with exact dates. The key thing that helped me avoid delays was being super specific about my separation reason (seasonal layoff) and including a brief note about the cyclical nature of my industry. One thing I learned the hard way: even though you CAN file on Sunday, I'd recommend doing it early in the day before the system gets overloaded with weekly claims. The portal tends to be slower and more glitchy on Sunday evenings. Good luck with your transition - sounds like you're being really proactive about planning for it!
One more thing - if the Commissioner does grant a new hearing, you'll receive a Notice of Hearing with the date, time, and instructions. Make sure you don't miss the deadline to submit any new evidence before the hearing. There's usually a cutoff date for both parties to submit documents, and anything submitted after that might not be considered. In the meantime, keep doing your weekly claims and job search activities as required. The last thing you want is to be disqualified for some unrelated reason while fighting this battle.
I'm in a similar situation right now - employer missed their hearing and now filed a petition for review claiming their rep had COVID. Been waiting 3 weeks for the Commissioner's decision and it's nerve-wracking! One thing I learned from calling the Commissioner's Review Office directly (took forever to get through) is that they review petitions in the order received, so if your employer just filed, you might be waiting a month or more for a decision. The good news is benefits definitely continue during this time. I also found out that even if they grant a new hearing, the burden of proof is still on the employer to show misconduct. Since they already had their chance and didn't show up, some Commissioners view that as showing they don't have a strong case. Fingers crossed for both of us!
If anyone is still having trouble reaching Washington ESD about severance questions, I used Claimyr a few weeks ago and finally got my questions answered. Their video demo at https://youtu.be/7DieNd3C7zQ shows exactly how it works. Saved me so much time and frustration.
Just went through this exact situation myself! Got laid off in March with a $6,000 severance paid over 3 months. Washington ESD was actually pretty straightforward about it - you're definitely eligible for unemployment benefits. The severance gets reported as "other income" each week you receive it, not as wages. So if your weekly UI benefit is $500 and you get $500 in severance that week, you'd get $0 from unemployment but you're still in the system. The weeks where your severance is less than your benefit amount, you get the difference. Just make sure to report it accurately on every weekly claim - they will catch unreported income eventually through tax cross-referencing. Good luck with your claim!
This is super helpful Diego! I'm in almost the exact same boat - got laid off with an $8k severance over 4 months. It's reassuring to hear from someone who actually went through the process successfully. Did you have any issues with the weekly reporting, or was the online system pretty straightforward for entering the severance payments?
One more important point: in your appeal, use the specific language from the law that works in your favor. RCW 50.04.294(2)(b) specifically states that "inability to meet the minimum job performance standards or requirements of the position" is NOT misconduct when it's about capability rather than attitude. Quoting the exact legal statute that supports your case can be very effective in these hearings, as it shows you understand the legal basis for your appeal. The judge will be evaluating your case based on these specific legal definitions.
I went through something very similar when I was let go from a data entry position for not meeting their speed requirements. Like you, I was accurate but just couldn't work as fast as they wanted despite genuinely trying my best every day. ESD initially denied me too, citing the same performance standards reasoning. The good news is I won my appeal! The key was demonstrating that I was making a good faith effort and that my "poor performance" was about capability, not willful misconduct. I brought documentation showing my accuracy rates were actually above average and that I had never been disciplined for anything other than speed. During the hearing, I emphasized that being "too methodical" (which sounds exactly like what your boss said about you) isn't misconduct - it's actually trying to do quality work! The judge agreed that struggling with speed while maintaining accuracy doesn't constitute willful disregard of the employer's interests. Make sure to appeal within the 30-day deadline and gather any evidence that shows you were trying to do good work. Performance reviews, emails about your accuracy, anything that demonstrates good faith effort. You've got a strong case here!
This gives me so much hope! Thank you for sharing your experience. It's really reassuring to hear from someone who went through almost the exact same situation and won. I'm definitely going to emphasize the "methodical vs. misconduct" angle in my appeal - that's such a good way to frame it. Did you have a lawyer for your hearing or did you represent yourself? I'm trying to figure out if I need legal help or if I can handle this on my own with all the great advice everyone has given here.
Brady Clean
Ugh this whole system is so unnecessarily complicated. Just deposit the money when you say you will, how hard is that??
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Brooklyn Knight
•welcome to government bureaucracy lol
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Owen Devar
•At least we're getting the benefits, could be worse
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Amara Okonkwo
I've been filing on Sundays too and noticed the same inconsistency! What I've learned is that it also depends on if there are any flags on your account that need manual review. Even something small like a slight discrepancy in your work search log can push your payment back a day or two while they verify everything. I always check my ESD account the day after filing to make sure there aren't any pending issues that could delay the deposit.
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CosmicCaptain
•That's a really good point about checking for flags! I didn't realize small things like work search discrepancies could cause delays. I'll definitely start checking my account more regularly after filing. Do you usually see any notification when there's a flag, or do you just have to look for it?
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Zara Perez
•Usually there's no notification - you have to actively check your account status page. Sometimes there will be a yellow warning icon or it'll say "pending review" next to your claim. The most common flags I've seen are work search verification, earnings reporting questions, or if you traveled out of state during your claim week. It's annoying that they don't send alerts about these issues!
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