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.

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.

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!

UPDATE: I wanted to let everyone know that I got through to ESD this morning (called right when they opened at 8am and still waited 45 minutes). The agent was actually really helpful and explained that I can submit my job search activities retroactively through the appeal process. She said since I have documentation of all my applications, there's a good chance my appeal will be approved, but it could take 3-4 weeks to process. She also walked me through exactly how to enter job searches correctly for future claims. Thanks everyone for your help!

So glad you got through and got some answers! That's a huge relief. Just wanted to add for anyone else who might be reading this - I went through something similar last year and the retroactive job search documentation process worked out fine for me too. The key is having those confirmation emails and application screenshots like you mentioned. One tip: if you applied through job boards like Indeed or LinkedIn, you can usually find your application history in your account settings which makes great documentation. The waiting period for appeals is painful but at least you know there's light at the end of the tunnel. Keep filing those weekly claims correctly in the meantime - you've got this!

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.

Since your adjudication has been going on since August, I'd recommend contacting your state representative's office. They can sometimes help expedite claims that have been stuck in the system too long. Just go to the Washington State Legislature website, enter your address, and it'll show you who your representatives are. Their offices often have staff dedicated to helping constituents with unemployment issues.

I went through something very similar last year - quit due to severe anxiety and depression when my employer refused reasonable accommodations. The key thing that helped my case was having my therapist write a detailed letter explaining not just my diagnosis, but specifically how my work environment was exacerbating my condition and why the requested accommodation (flexible schedule in my case) was medically necessary. Three months in adjudication is frustrating but not unheard of, especially with voluntary quit cases. The good news is that Washington state does recognize mental health conditions as legitimate reasons for quitting when accommodations are denied. Keep all your documentation organized and be prepared to clearly articulate during any interview how your PTSD symptoms specifically interfered with your job duties. Hang in there - the wait is brutal but you have a solid case based on what you've described.