Bizarre ESD appeal situation - employer claims I'm still employed after giving me termination notice
Has anyone dealt with this ridiculous situation? I filed for unemployment after being let go last month (downsizing). I got my benefits approved, but yesterday I got a notice that my former employer is appealing my claim saying I'm STILL EMPLOYED with them! They even included a copy of my termination letter in their appeal documents! 🤦♂️ I'm completely baffled. How can they say I'm employed when they literally have proof they fired me? The hearing is scheduled for next Thursday and I'm freaking out a bit. Should I get a lawyer? What kind of evidence should I gather? Has anyone faced something this absurd with ESD before?
20 comments
Ruby Knight
omg thats insane! sounds like someone in their HR dept messed up big time. definitely bring that termination letter to the hearing!!!
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Nina Chan
•Right?? I have my copy too, plus emails from my manager confirming my last day. Just seems so weird they'd try to appeal when they have zero case.
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Diego Castillo
I've seen this happen before. It's often a disconnect between departments - HR processes the termination but payroll/finance files the appeal because they're tracking different things. Make sure you bring: 1. Your termination letter (original + copies) 2. Any emails confirming your last day 3. Final pay stub showing termination 4. Any company property return receipts 5. Exit interview documentation if you had one The judge will likely rule in your favor quickly once they see the contradiction. Don't stress too much about hiring a lawyer for this specific issue since you have clear documentation.
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Nina Chan
•Thank you so much for this detailed list! I do have most of these items. The exit interview was just verbal but I have emails about turning in my badge and laptop. This makes me feel a bit better.
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Logan Stewart
Had something similar happen to my cousin. Turned out some manager didn't properly process her termination in their system even though she was definitely let go. Company looked pretty stupid at the hearing lol. Just be super organized with your paperwork and you'll be fine.
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Mikayla Brown
This happened to me actually! I had been laid off but was still in their system as 'active' because of some IT glitch. My employer was SO EMBARRASSED at the hearing when the judge pointed out they had submitted my layoff paperwork with their own appeal! The judge ruled in my favor in like 10 minutes. Just be calm, bring all your documentation, and answer questions honestly. The facts are clearly on your side here.
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Nina Chan
•That's really reassuring to hear! Did you get notification of the judge's decision right away or did you have to wait?
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Mikayla Brown
•I got a verbal decision at the end of the hearing, then the written decision came in the mail about 10 days later. My benefits continued without interruption.
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Sean Matthews
I work in HR (not for ESD) and can tell you this happens more than you'd think. Some common reasons: - The company uses multiple systems that don't talk to each other - Someone in payroll or benefits doesn't know you've been terminated - They have a policy of automatically contesting all UI claims - Your termination was coded incorrectly (like a resignation instead of layoff) Bring every piece of documentation you have. Organize it chronologically. Make a simple timeline of events. Be polite but firm about what happened. The hearing officer will see through this quickly.
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Ali Anderson
•the automatic contesting thing is SO TRUE. my last employer contested EVERYONE'S claims as a matter of policy. its total bs but they do it hoping people will just give up and not appeal
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Zadie Patel
I've been trying to reach ESD about an appeal for weeks and can't get through. The phone system just disconnects me after 20+ minutes on hold. Has anyone found a way to actually talk to a human there?
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A Man D Mortal
•I was in the same boat last month - couldn't get through for days. Finally used a service called Claimyr (claimyr.com) that got me through to an actual ESD agent in under 25 minutes. They have a demo video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Made a huge difference since I needed to discuss my hearing documentation with someone who could actually look at my file and tell me what was missing. Definitely worth it just for the stress reduction!
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Ali Anderson
definitely record the hearing!!! washington is a two-party consent state but the judge will announce that the hearing is being recorded anyway so your good. this saved me when my employer tried to claim i was a contractor not an employee even tho they took taxes out of every check 🙄
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Nina Chan
•Good point! I'll make sure to take good notes too. The hearing notice says it'll be recorded by OAH, but having my own backup makes sense.
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Sean Matthews
Quick update question for you - has your former employer been responding to the weekly claim verifications ESD sends them? If they've been confirming you're not working there each week but then filed this appeal, that's another contradiction in their position that will help your case.
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Nina Chan
•That's a great point I hadn't thought about! I've been getting paid benefits for 3 weeks now, so they must have been confirming I don't work there or at least not contesting it. I'll bring this up at the hearing too.
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Ruby Knight
how are u doing on the job search stuff? make sure ur still doing ur 3 activities every week even with this appeal stuff going on. my friend got caught up in an appeal and forgot to do her job search log and ended up with an overpayment later
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Nina Chan
•Thanks for the reminder! I've been keeping up with my job search activities and logging them in the system. Had two interviews last week actually, but nothing solid yet.
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Diego Castillo
One more piece of advice - arrive at the hearing at least 15 minutes early. If it's a phone hearing, make sure you're in a quiet place with good reception. Have all your documents organized and in front of you. The hearing officer will appreciate your preparedness, and it helps you stay calm and respond effectively.
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Nina Chan
•Will do. It's a phone hearing, so I'll set up at my kitchen table where it's quiet. I've already started organizing everything into a folder with tabs. Feeling more prepared after all this great advice!
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