Can ESD Commissioner's Office review petitions be viewed by the public? Privacy concerns
I recently lost my appeal at the OAH level for my ESD unemployment claim and I'm considering filing a petition for review with the Commissioner's Office. But I'm really concerned about privacy. Does anyone know if these commissioner review petitions become public records that anyone can access? My case involves some personal details about my former employer that I'd rather not have publicly available. Has anyone gone through this process who can share what information becomes viewable to the public? This whole process is stressful enough without worrying about my personal business becoming public knowledge.
14 comments


William Schwarz
From my experience with the ESD appeal process, Commissioner review petitions are considered administrative records, but they're not automatically published online for anyone to view. However, they ARE subject to public disclosure requests under Washington's Public Records Act. This means someone would have to specifically request your records to see them - they're not just browsing material for the general public. That said, if your case ends up going to court after the Commissioner level (like to Superior Court), those court records are much more accessible to the public.
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Ella Knight
•Thanks for the information. That's still concerning. Do you know if they redact personal details like SSNs and addresses from these records if someone requests them?
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Lauren Johnson
when i appealed to comisioner last yr they told me the decision becomes public record but not all my docs. cant remember exactly what they said but i think basic info like ur name and decision is public but not all ur evidence and statements?? not 100% tho
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Ella Knight
•Thanks for sharing your experience. That's helpful to know that maybe not everything becomes fully public. I just don't want potential future employers stumbling across all this.
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Jade Santiago
I worked with ESD records for several years, and I can confirm that Commissioner review petitions are subject to public disclosure. However, there are important exemptions in the law: 1. Personal identifying information (SSN, address, phone, etc.) is redacted before release 2. Medical information is typically exempt from disclosure 3. You can request specific information be kept confidential if disclosure would harm you or others If you have legitimate privacy concerns, you should explicitly state them in writing when you file your petition. Mark documents with sensitive information as "CONFIDENTIAL" and include a written explanation of why that information should be exempt from disclosure. The Commissioner's Office is pretty good about protecting sensitive information, but you need to be proactive about identifying what needs protection.
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Ella Knight
•This is extremely helpful, thank you! I'll definitely mark confidential information and include a written explanation if I decide to proceed with the petition. Do you know how long the Commissioner review process usually takes? My benefits have been on hold for months already.
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Caleb Stone
FWIW, I've been through the whole appeal nightmare with ESD and ended up at the Commissioner's Office. It's technically public record BUT it doesn't mean people are lining up to read your unemployment case! Most public records requests for ESD stuff come from employers, attorneys, or researchers looking at trends - not random people checking out your specific case. BTW if you need to talk to someone at ESD about your concerns, good luck getting through! I spent DAYS trying to reach someone on the phone. Finally I used a service called Claimyr (claimyr.com) that got me through to an actual agent in less than 15 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Totally worth it to talk to someone directly rather than stressing over unanswered questions.
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Daniel Price
•i tried calling esd 9 times last month and never got through!! might try that service thing u mentioned
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Ella Knight
•Thanks for the perspective - that does make me feel better that most people aren't just browsing these records for fun. And thanks for the tip about Claimyr. I've been getting nowhere with the regular phone line.
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Olivia Evans
I know EXACTLY how you feel!!!! When I appealed to the Commissioner I was TERRIFIED my abusive ex would somehow find my case details. The hearing officer told me I could request special confidentiality due to safety concerns, and they took it seriously. So if your concerns are related to safety or potential harm, DEFINITELY mention this!!!!
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Ella Knight
•I'm so sorry you had to deal with that on top of unemployment issues. My situation isn't safety-related - it's more about professional reputation. I'm glad to hear they took your concerns seriously though.
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Sophia Bennett
Not directly related but my neighbor had something similar happen with L&I records (not ESD) and even though they were technically public, she said nobody ever actually requested them. The system isn't designed for casual browsing - somebody would need to specifically request YOUR records by name/case number. Just something to consider.
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Jade Santiago
To answer your question about timing - Commissioner reviews typically take 45-60 days from filing to decision. And yes, your benefits will remain on hold during this period unfortunately. Regarding your privacy concerns about future employers - they generally wouldn't know to look for these records unless you told them about your case. These aren't the kind of records that show up in standard background checks or Google searches. The biggest risk would be if your former employer is involved in the case and shares information. One other thing to consider: if your privacy concerns outweigh the potential benefits of winning your appeal, you might want to weigh whether pursuing the Commissioner review is worth it financially and emotionally.
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Ella Knight
•That's what I'm trying to evaluate right now. I'm owed about $4,800 in benefits if I win, but I'm worried about the stress and potential privacy issues. I appreciate everyone's insights - this has given me a much better understanding of what I'm facing. I think I'm going to try calling ESD directly to ask about specific confidentiality procedures before making my decision.
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