Can I sue Washington ESD for negligence - they lost my paperwork twice
This is getting ridiculous. Washington ESD has now lost my job separation paperwork TWICE in the past month. First time they said it was never received, so I resubmitted everything through their online portal with delivery confirmation. Now they're claiming they can't find that either and my claim has been sitting in adjudication for 6 weeks. I've missed two months of rent because of their incompetence. Can I actually sue Washington ESD for negligence? Has anyone successfully taken legal action against them for screwing up claims this badly? I have documentation of everything I submitted and when.
60 comments


Wesley Hallow
I feel your pain but suing state agencies is extremely difficult. Washington ESD has governmental immunity for most stuff like this. You'd need to prove they acted with malicious intent, not just incompetence.
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Kennedy Morrison
•So basically they can lose my paperwork over and over and there's no consequences? This system is broken.
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Justin Chang
•Not exactly - you can file complaints with the state ombudsman office. They investigate government agency failures.
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Grace Thomas
Before going the legal route, have you tried escalating within Washington ESD? There's an appeals process and you can request supervisory review of your case. Document everything - dates, times, who you spoke with.
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Kennedy Morrison
•I've tried calling for weeks but can never get through to anyone who can actually help. Just the automated system.
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Hunter Brighton
•This is exactly why I used Claimyr when I had problems reaching Washington ESD. They actually got me connected to a real person who could look at my case. Check out claimyr.com - there's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Kennedy Morrison
•Never heard of that service. Is it legit or just another scam?
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Dylan Baskin
You might have grounds for a tort claim if you can prove the negligence caused you specific financial damages. But you'd need to exhaust all administrative remedies first - appeals, ombudsman complaints, etc.
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Kennedy Morrison
•What do you mean by administrative remedies? I just want someone to process my damn claim.
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Dylan Baskin
•It means you have to go through all the official complaint processes before you can sue. File an appeal, contact the ombudsman, request a supervisor review - basically prove you tried everything else first.
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Lauren Wood
I went through something similar last year. Washington ESD 'lost' my work search logs three times. Turns out their document upload system was broken and wasn't actually saving files properly. Maybe that's what happened to yours?
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Kennedy Morrison
•How did you find out their system was broken? Did they admit it?
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Lauren Wood
•Only after I got connected to someone in their IT department through a supervisor. Regular customer service had no clue.
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Hunter Brighton
•This is why services like Claimyr are so useful - they know which departments to reach and can get you to the right people instead of just basic customer service.
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Ellie Lopez
THE WHOLE SYSTEM IS DESIGNED TO DENY CLAIMS!!! They 'lose' paperwork on purpose to delay payments and hope people give up. I've been fighting them for 3 months over a simple address change.
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Wesley Hallow
•While I understand the frustration, claiming intentional misconduct would require actual proof. Hanlon's razor applies here - never attribute to malice what can be explained by incompetence.
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Ellie Lopez
•After dealing with them for months you start to wonder if it really is just incompetence or if they're trying to save money by making the process impossible.
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Chad Winthrope
Have you tried contacting your state representative? Sometimes political pressure can get things moving faster than legal threats.
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Kennedy Morrison
•I didn't think of that. Would they actually help with individual unemployment cases?
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Chad Winthrope
•Absolutely. Constituent services is a big part of what they do. They have direct lines to agency supervisors.
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Grace Thomas
•This is good advice. State reps often have more pull with Washington ESD than individual claimants do.
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Justin Chang
I'm a paralegal and I've seen cases like this. Sovereign immunity makes suing Washington ESD very difficult unless there's clear constitutional violations or discrimination. Your best bet is the administrative route.
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Kennedy Morrison
•So basically they can screw up as much as they want and there's no real accountability?
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Justin Chang
•There is accountability through the administrative process - appeals, ombudsman, legislative oversight. It's just not the same as private sector lawsuits.
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Paige Cantoni
same thing happened to my neighbor, they said they never got her medical documentation but she had proof of delivery. took 4 months to sort out
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Kennedy Morrison
•Four months?? I can't wait that long, I'm already behind on everything.
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Paige Cantoni
•yeah it was really bad, she almost lost her apartment. finally got resolved when she got help from some service that calls for you
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Hunter Brighton
•Probably Claimyr - that's the one I used. They really know how to navigate Washington ESD's phone system and get to the right people quickly.
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Kylo Ren
Document everything with timestamps and screenshots. Even if you can't sue now, having a paper trail helps with appeals and ombudsman complaints. Also file a complaint with the state auditor.
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Kennedy Morrison
•I have screenshots of both uploads and the delivery confirmations. Should I also document my attempts to call?
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Kylo Ren
•Yes! Keep a log of every call attempt, including time and date. Also screenshot any error messages or system issues you encounter.
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Nina Fitzgerald
Look into filing a complaint under the Washington Administrative Procedure Act. Agencies are required to follow their own rules and procedures.
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Kennedy Morrison
•Never heard of that. How does it work?
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Nina Fitzgerald
•It's basically a law that requires state agencies to follow consistent procedures and gives you recourse when they don't. You'd need to research their published procedures and show how they violated them.
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Jason Brewer
I hate to say it but this is pretty normal for Washington ESD. Their document management system has been problematic for years. The key is persistence and escalation.
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Kennedy Morrison
•Normal doesn't make it acceptable. People lose their homes because of this incompetence.
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Jason Brewer
•Completely agree it's unacceptable. I'm just saying don't expect it to be resolved quickly through normal channels.
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Kiara Fisherman
Try filing a public records request for all documents related to your claim. Sometimes that forces them to actually look for your paperwork and can reveal what happened.
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Kennedy Morrison
•That's actually a really smart idea. How do I file one of those?
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Kiara Fisherman
•Washington has an online portal for public records requests. Just be specific about what documents you want and include your claim number.
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Liam Cortez
Similar situation here, took 8 weeks to resolve after Washington ESD claimed they never received my employer separation notice. Turned out it was sitting in a different queue the whole time.
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Kennedy Morrison
•How did you finally get it resolved? I'm willing to try anything at this point.
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Liam Cortez
•I used that Claimyr service someone mentioned earlier. They got me connected to a supervisor who actually looked into my case instead of just giving me the runaround.
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Kennedy Morrison
•Seems like everyone who mentions that service had success with it. Might be worth trying.
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Savannah Vin
The reality is that Washington ESD is understaffed and their systems are outdated. Suing won't fix the underlying problems, but it might get your individual case prioritized.
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Kennedy Morrison
•I don't care about fixing the whole system, I just need MY claim processed so I can pay rent.
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Wesley Hallow
•That's fair, but legal action takes months or years. Faster to work within their system, even if it's frustrating.
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Mason Stone
Whatever you do, don't stop filing your weekly claims even if your base claim is messed up. If you stop filing weeklies you'll lose eligibility for back payments.
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Kennedy Morrison
•Good point, I've been keeping up with those. At least that part of their system seems to work.
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Mason Stone
•Yeah the weekly filing system is more reliable than their document processing unfortunately.
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Makayla Shoemaker
I work in state government (different department) and can tell you that complaints to the governor's office actually do get attention. They forward them to agency directors who have to respond.
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Kennedy Morrison
•Really? I thought those would just get ignored. How do I file a complaint with the governor's office?
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Makayla Shoemaker
•There's a form on the governor's website under constituent services. They take complaints about state agencies seriously.
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Christian Bierman
Check if Washington has a unemployment insurance ombudsman specifically. Some states have dedicated positions for UI complaints separate from the general ombudsman.
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Kennedy Morrison
•I'll look into that. Would be nice if there was someone whose actual job is dealing with these problems.
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Christian Bierman
•Even if they don't have a UI-specific ombudsman, the state ombudsman office handles all agency complaints.
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Emma Olsen
Bottom line - document everything, exhaust administrative remedies, and consider legal action as a last resort. But don't let them string you along indefinitely.
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Kennedy Morrison
•Thanks everyone for the advice. I'll try the escalation routes first before thinking about lawyers.
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Hunter Brighton
•Good plan. And seriously consider trying Claimyr to actually get through to someone who can help. Sometimes the right contact makes all the difference.
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Kennedy Morrison
•I'm convinced at this point. Going to check out that service today.
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