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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.
honestly washington esd should send like a confirmation email when you stop filing or something. would make this whole thing less stressful
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!
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.
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!
Thanks for the tip about checking application history on job boards! I didn't even think of that - I've been using Indeed a lot so that should give me even more documentation for my appeal. It's reassuring to hear from someone who went through the same thing successfully. This whole experience has been so stressful but at least now I understand the system better. Definitely going to keep filing weekly and doing everything correctly going forward!
Natasha Ivanova
Congratulations Emily! It's so great to see someone finally get clarity on their WBA after all the confusion. Your $847 weekly amount is actually pretty solid - that should definitely help while you're job searching. Just wanted to add that once you start receiving payments, keep all your paperwork organized for tax time since unemployment benefits are taxable income. Also, if you haven't already, consider setting up direct deposit if Washington ESD offers it - saves time compared to waiting for checks in the mail. Best of luck with your job search!
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Genevieve Cavalier
•Thanks for the congratulations and the helpful tips! I definitely need to get organized with the paperwork - I'm already getting documents from Washington ESD and don't want to lose track of anything important for taxes. Direct deposit sounds like a great idea too, I'll look into setting that up. The $847 weekly amount does feel like it will help a lot while I'm searching for a new job. This whole thread has been so educational - I went from being completely confused about WBA to actually understanding my benefits!
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Sean Fitzgerald
Just wanted to chime in as someone who went through this same confusion a few months ago! Emily, you're definitely not alone in being confused about WBA - Washington ESD really doesn't explain these acronyms well at all. The good news is that $847 is a solid weekly amount and will make a real difference while you're job hunting. One thing I learned the hard way is to screenshot or print your benefit determination letter that shows how they calculated your WBA - it's helpful to have for your records and if you ever need to reference it later. Also, since you mentioned you're new to this, make sure you understand the difference between your claim effective date and when you can actually start filing weekly claims. Sometimes there's a waiting period. Good luck with everything!
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