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I just rememebrdd another thing!!! Make sure you file your weekly claims even while waiting to find out if you qualify!! I didnt know this and missed out on 3 weeks of payments because I wasnt claiming while my application was processing. SUCH a stupid rule but that's how they do it!!
Just a heads up for restaurant workers specifically - your tips count toward the wage requirement but not the hours requirement. So if you were working fewer scheduled hours but making good tips, you might meet the $1,300 wage threshold but still fall short on the 680 hours. I learned this the hard way when I was bartending part-time. Make sure you're counting actual hours worked, not just looking at your total earnings!
One more important thing about the appeals process: if you win your appeal, ESD will pay all benefits for the weeks that were held during the appeal process. However, you must continue filing your weekly claims during this time, even though you won't receive payments until after the appeal decision. If you don't file weekly claims while waiting for your appeal, you won't be paid for those weeks even if you win.
I went through this exact same situation about 6 months ago and totally understand the stress you're feeling! Here's what helped me prepare for my OAH hearing: 1. Create a spreadsheet with ALL your job search activities - even the ones you think you might not have documented well 2. Check your browser history if you did online applications - sometimes you can find evidence there 3. Contact employers directly if needed - some will confirm you applied even if you don't have screenshots 4. Gather any emails, texts, or LinkedIn messages related to your job search The hearing itself was way less intimidating than I expected. The judge was professional and fair, and they genuinely wanted to understand what happened. I won my appeal because I could show I was making a good faith effort to find work, even though my documentation wasn't perfect. The waiting is the hardest part, but keep filing your weekly claims like Carmen mentioned. When I won, I got about $3,200 in back payments within a week. You've got this - just stay organized and be honest about your job search efforts!
Final thought - even if the worker classification thing doesn't work out, definitely look into that voluntary coverage option for future protection. It's not expensive and could save you a lot of stress if you lose work again.
Thanks everyone for all the advice! I'm going to file a claim tomorrow and see what Washington ESD says about my worker classification. Even if it doesn't work out, I feel like I have a much better understanding of my options now.
Keep us posted on how the process goes. Your experience could help other contractors who are in similar situations.
Just to add another perspective - I've been working part-time while on unemployment for about 3 months now and it's actually worked out really well. The key things that helped me were: 1) Setting up a simple spreadsheet to track my hours and earnings each week, 2) Always reporting on Sunday when I file my weekly claim (never wait!), and 3) Taking screenshots of my weekly claim submissions as proof. The partial benefits have been a lifesaver while I look for full-time work. Don't stress too much about it - as long as you're honest and report everything, Washington ESD is pretty reasonable to work with.
Sofia Torres
One thing nobody has mentioned yet - if the other party (usually ESD) submits new evidence at the last minute that you haven't seen before, you can ask the judge for a continuance to give you time to review the documents. Just say "Your honor, I haven't had an opportunity to review these documents and request time to do so before proceeding." Most judges will grant this reasonable request. Good luck with your hearing!
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Amara Eze
•That's really good to know, thank you! I've been worried about being blindsided.
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Mateo Gonzalez
Just wanted to add one more tip from my recent experience - when you send your documents to the ESD Appeals Office, also send them via multiple methods if possible (email AND fax) to ensure they receive them. I had an issue where my email got caught in their spam filter and almost missed the deadline. Also, if you're sending by email, use a clear subject line like "APPEAL EVIDENCE - Case #[your case number] - [your name]" to make sure it gets routed correctly. The appeals staff handle tons of cases daily and a clear subject helps them process your submission properly.
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