Appeal an ESD disqualification decision or wait to requalify with new job?
I just got disqualified from my unemployment benefits after working at my previous job for only 5 months before being laid off. The determination letter says I didn't have enough hours in my base year (only about 475 hours). I have a job offer that starts in 3 weeks where I'll be full-time. My question is: Should I appeal this disqualification decision (which seems really unfair since I was working steady until the layoff) OR should I just wait until I start this new job, work for a while, and then potentially requalify if I need benefits in the future? I'm worried about the appeal process taking forever and being a waste of time, but I also don't want to miss out on benefits I might actually be entitled to for these few weeks. Has anyone dealt with this situation? What would you do?
17 comments
Freya Larsen
Appeals with ESD can take 6-8 weeks minimum to process right now, sometimes longer. Since you only have 3 weeks until your new job starts, it probably isn't worth the hassle unless you think you might need to reopen your claim in the near future. The disqualification was likely correct if you truly only had 475 hours - you need at least 680 hours in your base year to qualify for regular UI benefits in Washington. If you start your new job and work at least 680 hours, you would requalify for a new claim if needed down the road. Just make sure to keep track of your hours at the new position.
0 coins
Ravi Sharma
•Thanks for this info! I didn't realize I needed 680 hours minimum. The letter mentioned something about that but I thought since I was working full-time (even if only for 5 months) it would count differently. So even if I appeal, I probably wouldn't win?
0 coins
Omar Hassan
just wiat til u get the new job. appeals r a huge headache n if u don't have the hours u don't have the hours. nothing to appeal really
0 coins
Chloe Taylor
I went through EXACTLY this last year!!! Worked for 6 months, got laid off, didn't have enough hours, then found a new job quickly. I DID appeal because I wanted the few weeks of benefits and REGRETTED IT SO MUCH. Appeal took over 12 weeks!! By then I was already at my new job for 2 months. TOTAL WASTE OF TIME!! Don't bother with the appeal. Just focus on your new job and consider yourself lucky you found something so fast. Most of us aren't that fortunate!!
0 coins
Ravi Sharma
•Wow, 12 weeks? That's way longer than I would've thought. You're probably right that it's not worth it. Did you have to do the phone hearing and everything?
0 coins
Chloe Taylor
•YEP!!! Had to take time off work for the phone hearing which was scheduled during my work hours at the new job. And guess what? They ruled against me anyway because the 680 hours rule is pretty black and white. So embarrassing having to explain to my new boss why I needed time off for an unemployment hearing when I was already employed!
0 coins
ShadowHunter
There are a few important details to consider here: 1. The 680 hours requirement is fixed by state law - ESD doesn't have flexibility to waive this requirement regardless of your circumstances. 2. If you appeal, you have a right to do so, but the decision would likely be upheld if you truly only have 475 hours in your base year. 3. Your base year is the first four of the last five completed calendar quarters before you filed your claim. Did you have any other employment during that period that might not have been captured? 4. Appeals must be filed within 30 days of the determination letter date. 5. If you start your new job and work there for at least 680 hours, you would qualify for a new claim if needed in the future. Given that you have a job starting in 3 weeks, focusing on that opportunity rather than appealing is likely your best path forward.
0 coins
Ravi Sharma
•Thank you for the detailed explanation. I did have another job before, but it ended about 14 months ago, so I guess that wouldn't count in the base year. This makes more sense now. I'll focus on the new job instead of wasting time with an appeal that won't go anywhere.
0 coins
Diego Ramirez
I spent 3 months trying to appeal a similar situation and it was a NIGHTMARE. Couldn't get through to anyone at ESD and kept getting automated responses. When I finally got through to someone using Claimyr (claimyr.com), they connected me with an ESD agent who basically told me what everyone here is saying - if you don't have the hours, you don't qualify. Period. The agent was super helpful though and explained exactly how many hours I'd need at my next job to qualify. Check out their video to see how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 But honestly, with a job starting in 3 weeks, I wouldn't bother with the appeal. Just make sure you work enough hours at the new place in case you need benefits later.
0 coins
Anastasia Sokolov
Appeals aren't always a waste of time though! The ESD makes mistakes ALL THE TIME. I've seen people win appeals when hours weren't properly reported by employers or when ESD made calculation errors about the base year. The system is incredibly broken. That said, if you know for a fact you only worked 475 hours in your base year, then yeah, probably not worth appealing. But if there's ANY chance some hours weren't counted or there was an error, might be worth filing the appeal just to preserve your rights. You can always withdraw it later if your new job starts and you decide it's not worth pursuing.
0 coins
Omar Hassan
•ur right ESD messes up all the time!!! they counted my hours wrong 2x and I had to fix it
0 coins
Ravi Sharma
•This is a good point. I'm going to double-check my paystubs this weekend to make sure the hours they counted match what I actually worked. If there's a big discrepancy I might appeal just to get it corrected.
0 coins
Sean O'Connor
I was in a similar situation last year and ended up appealing even though I had a job lined up. My appeal was actually denied because I didn't have the minimum hours, but the process helped me understand my claim better. One thing nobody mentioned is that you might qualify for an alternative base year if your regular base year doesn't have enough hours. Did ESD mention anything about that? It uses more recent quarters. Might be worth asking about. Btw my hearing was actually kinda stressful even though it was just over the phone. The judge was asking all these questions about my work history and I felt like I was on trial or something lol.
0 coins
ShadowHunter
•Good point about the alternative base year. However, the alternative base year is the last four completed calendar quarters, which is only used if the regular base year doesn't qualify. Given the timing described (only worked 5 months before filing), it's unlikely the alternative base year would include significantly more hours, but it's always worth checking. The Office of Administrative Hearings (OAH) judges do conduct formal hearings that can feel intimidating, even though they're designed to be more accessible than court proceedings. They have to create a complete record in case there are further appeals.
0 coins
Ravi Sharma
•I don't think my determination letter mentioned an alternative base year. I'll look into that. But from what you and others are saying, sounds like the appeal process is pretty formal and stressful. Might not be worth it for just 3 weeks of potential benefits.
0 coins
Freya Larsen
Based on everything discussed, here's what I'd recommend: 1. Verify your work hours from your paystubs to confirm the 475 hours is accurate 2. Check if you qualify for an alternative base year (though it sounds unlikely based on your work history) 3. Consider if the potential benefit amount for just 3 weeks is worth the time and stress of an appeal process that could take 8+ weeks 4. Focus on your new job opportunity and ensuring you accumulate enough hours there for future eligibility if needed Also, you should know that the appeal deadline is 30 days from the date on your determination letter, so you do have some time to make this decision. You could even file the appeal to preserve your rights, then withdraw it later if you decide it's not worth pursuing after starting your new job.
0 coins
Ravi Sharma
•Thank you for this clear summary. I think I'll double-check my hours, look into the alternative base year question, but most likely just focus on the new job. Really appreciate everyone's advice here - this has been super helpful!
0 coins