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One more thing - if you win your appeal, Washington ESD should also remove the misconduct determination from your record. That's important for future benefit claims. Make sure they do that as part of the decision.
I'm dealing with a similar situation right now - got denied for "misconduct" after questioning some questionable practices at my workplace. Reading through everyone's responses here has been really helpful. It sounds like Washington ESD has a pretty specific legal standard for gross misconduct and refusing unsafe work definitely shouldn't meet that threshold. @Zara, your case sounds really strong especially with that employee handbook documentation. I'm also going to try that Claimyr service to actually get through to someone at ESD - the phone system has been impossible. Thanks everyone for sharing your experiences, this community is invaluable when dealing with these bureaucratic nightmares.
@Malik, so sorry you're going through this too! It's really frustrating when employers try to twist legitimate workplace concerns into "misconduct." From what everyone's shared here, it sounds like we both have good grounds for appeal since questioning unsafe/questionable practices is usually protected. Definitely try the Claimyr thing - I'm planning to use it tomorrow to get through to ESD and ask some specific questions about my case. Keep us posted on how your appeal goes! This whole thread has made me feel so much more confident about fighting this.
For what it's worth, I think Washington's unemployment benefits are actually pretty decent compared to other states. The maximum here is higher than a lot of places and the fact that there's no state income tax helps too.
One last thing - if you do get laid off and file for unemployment, consider it an opportunity to maybe learn new skills or get training. WorkSourceWA has some decent programs that might help you find better paying work when you're ready.
Exactly! Some training programs even count toward your job search requirements so you're killing two birds with one stone.
Thanks for all this info everyone! This thread has been super helpful. I feel way more prepared now if the layoffs actually happen. Sounds like the benefits should be decent enough to get by while I look for something new, and maybe I can use the time to upskill like you mentioned. Hopefully I won't need to use any of this but at least I know what to expect now.
One last tip - if you get called back from furlough early, make sure to stop filing weekly claims immediately. Washington ESD gets really picky about people who continue claiming after returning to full-time work.
You can call Washington ESD to close your claim officially, or just stop filing. But calling is safer to avoid any confusion later.
And if you need to call Washington ESD to close your claim, that's another good use case for Claimyr - much easier than trying to get through on your own.
Just wanted to share my experience from last year - I was furloughed for 3 months and partial UI was a lifesaver. One thing I learned the hard way is to keep VERY detailed records of your work schedule changes. Washington ESD asked me to provide documentation about 6 weeks into my claim, and having everything organized (pay stubs, emails from HR, my work calendar) made the process smooth. Also, don't stress too much about the job search requirements if you have a definite return date - my employer provided that info to ESD and I was exempt. The whole process was way less scary than I expected!
This is so reassuring to hear from someone who actually went through it! I was definitely overthinking how complicated it would be. The documentation tip is really helpful - I'm going to start organizing everything now before I even file. Did you have any issues with the weekly reporting process, or was it pretty straightforward once you got into the routine?
Bottom line - if you're dealing with harassment or unsafe conditions, you may have a case for benefits even after quitting voluntarily. But you need solid documentation and should be prepared for the process to take time. Don't let a bad situation get worse though - your mental health is important too.
I'm going through something similar right now and this thread has been incredibly helpful. One thing I learned from my research is that Washington does recognize "constructive discharge" - basically when working conditions become so intolerable that a reasonable person would feel compelled to quit. The key is showing that you made reasonable efforts to resolve the situation first and that quitting was your last resort. Document every incident with dates, times, witnesses if any, and keep records of any complaints you've made to HR or management. Even if HR was unhelpful, having that paper trail shows you tried to work within the system before leaving.
Mateo Gonzalez
u should file a complaint with the state attorney generals office too. they take this stuff seriously cuz its actually illegal for esd to take ur refund without sending a tops notice first. my cousin got her $ back that way after esd ignored her for months
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Sean Fitzgerald
•This is good advice. The AG's office can sometimes move things along faster than going through ESD's internal processes. Make sure to mention in your complaint that they failed to follow proper notification procedures required by the Bureau of Fiscal Service.
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Omar Farouk
UPDATE: Following everyone's advice, I compiled all my documentation (verification documents, record of all contact attempts, appeal confirmation, etc.) into a single PDF. Wrote a formal demand letter citing the Bureau of Fiscal Service requirements and CC'd my state rep and the Commissioner's office. Shockingly, I got an email response within 3 days saying my case was being expedited for review. Just checked my ESD portal today and all the disqualified weeks have been switched back to PAID status and my overpayment balance is now $0! They haven't mentioned when I'll get my tax refund portion back, but at least the overpayment is cleared. Thank you all for your advice - especially about including state officials in the communications. That seems to have been the key to getting attention on my case.
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Chloe Martin
•This gives me hope!! I'm going to do exactly the same thing. Could you possibly share a template of your demand letter (without personal info of course)?
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Edison Estevez
•Wow, this is amazing! I'm so glad you got it resolved. I'm dealing with a similar situation right now - ESD took $2,100 from my refund with zero notification. Would you mind sharing which state rep you contacted and how you formatted that demand letter? I've been spinning my wheels for weeks trying to get through to someone who can actually help. Your success story gives me hope that there's a way out of this nightmare!
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