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One more thing about ESD misconduct cases - the burden of proof is on the EMPLOYER to prove misconduct, not on your dad to disprove it. Make sure his attorney emphasizes this. The legal standard for misconduct in WA unemployment is pretty strict - it has to be a deliberate or willful disregard of the employer's interest, not just poor performance or a good faith error in judgment. This is why having an attorney who specializes in ESD cases specifically (not just any employment lawyer) is so important.
That's really helpful to know about the burden of proof. Dad's former employer is claiming he deliberately ignored safety protocols, but he's been following the same procedures for years without any write-ups. It feels like they just didn't want to pay unemployment for such a long-term employee. We'll definitely find an attorney who specializes in ESD cases specifically.
I'm dealing with a similar situation right now and it's so stressful! My brother got denied for "misconduct" after 8 years at his job and we're scrambling to find representation too. One thing that's helping us is keeping a detailed timeline of everything that happened leading up to his termination - dates, who said what, any witnesses present, etc. Also make sure your dad saves ALL his text messages and emails from work if he still has access to them. Has your dad thought about reaching out to any former coworkers who might be willing to provide statements supporting his side of the story? Even if they're still employed there, sometimes people will quietly help if they know the truth. The 17-day deadline is tight but you've got this! Keep us posted on how the attorney search goes.
just wondering, did u get laid off or quit? cause that makes a huge difference in how long adjudication takes
I'm going through something similar right now - been in adjudication for 5 weeks and getting really anxious about finances. One thing that helped me was calling the ESD customer service line early in the morning (around 8:15am) and asking specifically about my case status. The agent was able to tell me that my former employer hadn't responded to their inquiry yet, which at least gave me some clarity on why it was taking so long. Also, if you haven't already, make sure you're checking your ESD messages every single day. Sometimes they'll request additional info and if you miss it, that can add weeks to the process. I almost missed a request for my separation paperwork because it got buried in my account. Hang in there - I know the financial stress is overwhelming but you're doing everything right by continuing to file weekly and job search. Have you looked into food banks in your area? That helped me stretch my budget while waiting.
Thanks for sharing your experience - it's oddly comforting to know I'm not the only one going through this nightmare right now. I've been calling but keep getting the busy signal or disconnected. Maybe I need to try calling even earlier? And yes, I've been obsessively checking my messages multiple times a day because I'm so paranoid about missing something important. The food bank idea is actually really smart - I hadn't thought of that but it would definitely help me stretch what little I have left. Did your employer eventually respond or did ESD just move forward without them?
Quick update to my earlier advice - make sure when you report the training, you specify that it was \
As someone who went through this exact situation with CDWA last year, I can tell you that reporting required training while having no client assignment is actually pretty common and shouldn't automatically trigger a review if you handle it correctly. The key is being very specific about the nature of the training - make sure you note it was "mandatory continuing education for certification maintenance" and not job training or skills development that would indicate you're preparing for new work. Also, if you're still dealing with getting through to ESD, try calling right at 8am when they open or around 4:30pm - I had better luck during those times. And definitely keep all your CDWA documentation handy (your training completion certificate, your current employment status letter, etc.) because they'll likely ask for it eventually. The system is definitely not designed for our type of work situation, but once you get through the initial confusion, it usually goes more smoothly. Hang in there!
Thank you so much for this detailed advice! The timing tips for calling ESD are really helpful - I'll definitely try calling right at 8am tomorrow. I do have my training completion certificate and I think CDWA can provide an employment status letter showing I'm registered but have no current client assignment. It's reassuring to hear from someone who actually got through this process successfully. The "mandatory continuing education for certification maintenance" wording is exactly what I needed - that describes my situation perfectly. I was worried about how to explain it without making it sound like I was preparing for new work. Did you have any issues with the job search requirements while waiting for a new client? I'm still not 100% clear on whether checking CDWA's client matching system counts as one of my required weekly job search activities.
Bottom line: when in doubt, report it. Better to report something you didn't need to than to not report something you should have. Washington ESD would rather see over-reporting than under-reporting.
This is really helpful info everyone! I'm new to the unemployment system and was completely confused about the earnings rules. From what I'm understanding, the key points are: 1) Report ALL earnings (gross, not net), 2) You can earn up to (weekly benefit + $5) before losing all benefits for that week, 3) Any earnings reduce your benefit dollar-for-dollar after the $5 disregard, and 4) Keep detailed records of everything you report. Is that right? Also seeing a lot of mentions about how hard it is to reach Washington ESD by phone - definitely something to keep in mind if I need to call them.
Holly Lascelles
honestly washington esd should send like a confirmation email when you stop filing or something. would make this whole thing less stressful
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Madison Tipne
•That would require them to actually think about user experience, which is clearly not a priority.
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Callum Savage
•An email confirmation would definitely be nice! But sounds like I just need to stop filing and keep good records.
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Andre Laurent
I went through this exact same situation last year! You're doing the right thing by being proactive about it. Just to add to what everyone else has said - when you file your final weekly claim, make sure you answer "yes" to the question about returning to work and enter your start date accurately. The system will automatically calculate your final benefit amount based on that information. Also keep in mind that if you work any partial days during your claim week, you can still receive partial benefits for the days you didn't work. But since you're starting Monday, it sounds like you'll just file normally this week and then stop filing altogether. Good luck with the new job!
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