Adjudication approved after 12 questions - can my employer still appeal ESD's decision?

Congrats on winning your adjudication! When ESD rules in your favor, your employer does have the right to appeal the decision within 30 days of when the determination was mailed. However, they would need legitimate grounds to appeal, not just disagreement with the outcome. Continue filing your weekly claims and completing your job search activities as required. Document everything carefully in case there is an appeal. If your employer does appeal, you'll receive written notification from the Office of Administrative Hearings (OAH) with a scheduled hearing date and instructions.

they CAN appeal but if they broke 5 WAC codes like u said they probably wont bother. most employers dont appeal unless they think they have a good case. keep doing ur job searches and keep ALL your documentation just in case!!

I went through something similar last year. You should be fine if ESD already ruled in your favor, especially since they specifically noted your absence was excusable. That's their way of saying you didn't commit misconduct. To answer your question directly: Yes, technically your employer could appeal within 30 days, but in my experience, most don't unless they have strong evidence. The appeal would go to the Office of Administrative Hearings. In the meantime, absolutely continue your job search activities and claiming benefits. If there is an appeal filed, you'll get a notice from OAH with a hearing date. The hearing is typically by phone, and you'll need to present your case again, so keep all your evidence organized just in case.

I dont think the ESD desision means that much TBH. My friend won her first adjudication and her boss appealed it and then she lost at the hearing. Its all about who shows up to the hearing and what evidence they bring. The RCW violations might help you tho.

If you're worried about reaching ESD quickly if something changes with your claim, I'd recommend trying Claimyr. I was in a similar situation where I needed to talk to an agent about my adjudication status, and I was able to get through immediately instead of waiting for hours or days. Their site is claimyr.com and they have a video demo that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me so much stress when I was dealing with my adjudication process.

congrats!! i know how stressful this stuff is. i just got thru adjudication last month too and it was a nightmare. but dont worry too much about your employer. if they broke rules and ESD already sided with you, ur probably fine. just keep claiming every week!

Did you keep a copy of the determination letter? ALWAYS SAVE EVERYTHING FROM ESD!!! There should be info about appeals process in the determination letter itself. I learned the hard way by deleting one important email and then needing it later. The ESD website is TERRIBLE for finding old documents. Also, just my experience, but my employer didn't bother appealing even though they were initially fighting my claim. Most companies don't want to waste resources unless they're 100% sure they'll win.

My adjudication was for somethin totally different but i won to. its been like 3 months and my old job never appealed so I think after 30 days your probably safe. The waiting is the worst part!!!

Just a clarification on the appeals process: If your employer does appeal, you'll continue receiving benefits during the appeal process unless/until a decision is made against you. If the appeal decision is in your favor, nothing changes. If the decision goes against you, you might have to repay benefits received after the appeal decision date. One more thing - keep documenting your job search activities thoroughly in WorkSource. If there is an appeal, the judge will often look at whether you've been meeting all your claimant responsibilities.

I've been through THREE adjudications and two appeals (different issues over 2 years). Here's what happens if they appeal: 1. You'll get a notice from OAH with hearing date/time 2. Prepare your evidence BEFORE the hearing 3. During the phone hearing, a judge will ask both sides questions 4. BE HONEST - don't exaggerate anything 5. The judge usually decides within 1-2 weeks It's stressful but not terrible if you're prepared. And if they mentioned you had "excusable" absences, that's ESD language for "you didn't do anything wrong" so that's a good sign!

Wat RCW/WAC codes did they break? Just curious cuz my employer is also pulling some shady stuff