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NebulaNinja

Can I appeal unemployment denial from Washington ESD?

Got my determination letter yesterday saying my unemployment claim was denied. Washington ESD says I was terminated for misconduct but that's not what happened at all. My supervisor and I had disagreements about scheduling but I was never written up or warned about anything. Can I appeal this decision? How long do I have and what do I need to do?

Yes, you absolutely can appeal! You have 30 days from the date on your determination letter to file an appeal with Washington ESD. You'll need to request an appeal hearing and provide documentation that supports your case. The key is proving that the termination wasn't for misconduct as defined by unemployment law.

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Thank you! Do I need a lawyer for the appeal hearing or can I represent myself?

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You can represent yourself, but having documentation ready is crucial. Gather any emails, performance reviews, or witness statements that show you weren't terminated for misconduct.

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I went through this exact situation last year. The appeals process takes forever but it's worth it if you have a good case. Make sure you keep filing your weekly claims even during the appeal - if you win, you'll get backpay for all those weeks.

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How long did your appeal take? I'm worried about paying bills while this drags on.

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Mine took about 8 weeks from filing to getting the decision. But I got all my back benefits once I won the appeal.

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I had trouble getting through to Washington ESD to ask questions about my appeal. Spent hours on hold. Someone mentioned a service called Claimyr that helps you get through to ESD agents faster. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth trying if you need to talk to someone about your appeal.

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Thanks, I'll look into that. The phone system is impossible to navigate.

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Never heard of that service but anything beats sitting on hold for 3 hours just to get disconnected.

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MAKE SURE YOU FILE THE APPEAL BEFORE THE 30 DAY DEADLINE! I learned this the hard way when I missed the deadline by 2 days and couldn't appeal anymore. Washington ESD is very strict about this rule.

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Oh no, that's terrible! I got my letter 3 days ago so I still have time.

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Actually, you might still be able to appeal even after 30 days if you have good cause for the delay, like not receiving the letter on time. But definitely don't risk it.

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what counts as misconduct anyway? seems like they deny everyone these days

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For unemployment purposes, misconduct has to be willful or deliberate violation of company rules. Simple disagreements or poor performance usually don't qualify as misconduct.

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ok that makes sense. sounds like OP has a good case then

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I'm going through an appeal right now too. The hearing is scheduled for next week and I'm super nervous. Did anyone else feel anxious about representing themselves at the hearing?

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Yes, I was nervous too! But the hearing officer was actually pretty fair. Just stick to the facts and have your documentation organized.

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Good luck with your hearing! What kind of documentation did you prepare?

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Thanks! I have all my old performance reviews and some emails showing the real reason I was let go.

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The appeals process can be really helpful if you have a legitimate case. In your situation, if it was just scheduling disagreements and no formal disciplinary action, that typically wouldn't meet the legal standard for misconduct. Document everything you can remember about the circumstances of your termination.

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I do have some text messages from my supervisor about the scheduling issues. Would those help?

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Absolutely! Any written communication that shows the nature of the conflict would be valuable evidence.

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Same thing happened to my brother. He appealed and won but it took months. Washington ESD seems to deny first and ask questions later sometimes.

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That's encouraging that he won! Did he have to provide a lot of evidence?

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Yeah he had to get a statement from a coworker who witnessed what really happened. But it was worth it in the end.

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I tried calling Washington ESD about my appeal questions but could never get through. The automated system just hangs up on you after an hour. So frustrating when you need real answers.

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That's exactly why I started using Claimyr. It actually gets you to a real person instead of wasting hours on hold.

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I might have to try that. This phone system is ridiculous.

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Don't give up! I know the process seems overwhelming but appeals work if you have a valid case. The burden is on your former employer to prove misconduct, not on you to prove innocence.

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That's good to know! I was worried I'd have to prove I did nothing wrong.

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Exactly. They have to show deliberate wrongdoing, not just that you had workplace conflicts.

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File online through your SecureAccess Washington account. It's faster than mailing the appeal form and you get a confirmation that it was received.

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Thanks! I'll do it online today. Better safe than sorry with the 30-day deadline.

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Smart choice. Make sure to print or screenshot the confirmation page for your records.

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been there done that. won my appeal but took forever and was stressful. gather ALL your evidence before the hearing date

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What kind of evidence helped you the most?

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emails and texts showing what really happened vs what my employer claimed. also had a witness

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One thing to keep in mind - even if you lose the initial appeal, you can appeal to the Board of Appeals and then to Superior Court if needed. But hopefully it won't come to that!

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Good to know there are other options if needed. Hopefully the first appeal will be enough.

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Most cases are resolved at the first appeal level if you have good documentation.

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I'm dealing with a similar situation right now. My employer claimed I was late too many times but I have doctor's notes for every absence. It's so frustrating when they twist the facts.

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That sounds like you have good medical documentation to support your case.

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Yeah, I'm hoping the hearing officer sees through their excuse. Good luck with your appeal too!

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Washington ESD denied my claim too but I was honestly too overwhelmed to appeal. Reading these responses makes me wish I had tried.

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If it's been less than 30 days, you can still appeal! Don't give up if you think the denial was wrong.

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It's been 6 months now, so too late for me. But definitely good advice for others.

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The hearing is usually done by phone which makes it less intimidating. I was worried about having to go somewhere in person but it was just a conference call.

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That's reassuring! I was nervous about the formal hearing process.

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Yeah it's not as scary as it sounds. Just be prepared with your facts and stay calm.

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Used Claimyr last month when I needed to check on my appeal status. Worked great - got connected to an ESD agent in like 10 minutes instead of spending all day trying to call.

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That's exactly what I need! The regular phone number is useless.

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Ok I'm definitely trying this service. Tired of wasting entire days on hold.

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Make copies of everything before you submit it! I learned that lesson when some of my documents got lost in the process.

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Good tip! I'll make sure to keep copies of all my appeal paperwork.

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Yeah, always keep a paper trail. You never know when you'll need to reference something later.

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Good luck with your appeal! Sounds like you have a solid case if it was just scheduling disagreements. Stay positive and stick to the facts during the hearing.

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Thank you everyone for all the helpful advice! I'm filing my appeal today.

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You're welcome! Keep us updated on how it goes.

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Yes, hope everything works out for you!

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