Can I sue my employer for lying to Washington ESD unemployment about my termination?

How long does the appeal process take? I got the disqualification letter yesterday and I'm worried about the 30-day deadline.

You have 30 days from the date on the disqualification letter to file your appeal. The hearing usually happens within 4-6 weeks after you file. Make sure to submit all your evidence including those emails.

How did you finally resolve it? I've been trying to call Washington ESD for days but keep getting disconnected.

honestly i used this service called claimyr.com that helped me get through to an actual person at washington esd. they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. saved me hours of calling

What if they try to claim I was a poor performer? I never had any written warnings but they might make stuff up.

That's exactly why documentation is crucial. If they claimed misconduct but have no progressive discipline records, it actually strengthens your case. Poor performance alone doesn't constitute misconduct under Washington unemployment law.

this is why i always keep copies of everything from work. employers lie all the time to avoid paying unemployment taxes

While technically possible, litigation is expensive and time-consuming. The Washington ESD appeal process is designed exactly for this situation and won't cost anything out of pocket.

But what about punitive damages? These employers need to be held accountable for lying to government agencies!

The practical reality is that most employment attorneys won't take these cases unless there are significant damages. The appeal process is much more realistic and effective.

How do I get copies of my personnel file? I didn't think to ask for anything when I was let go.

In Washington state, you have the right to inspect and copy your personnel file. Send a written request to HR. They have to provide it within a reasonable time.

Medical records, doctor's notes, any communication you sent to your employer about being sick. If you tested positive for COVID, that's documentation. Also check if you sent any texts or emails to coworkers about being ill.

I have the positive COVID test result but my supervisor never responded to my calls about being sick. Should I still file for unemployment?

Absolutely file. Lack of response from your supervisor doesn't mean you abandoned your job. That test result is solid evidence, and their failure to respond actually supports your case.

That's great news that you got through to someone. The fact that they mentioned conflicting information suggests Washington ESD is already questioning your employer's version of events.

wow you actually got through? i spent 3 hours on hold yesterday and got hung up on. might have to try that claimyr thing again

I called right at 8 AM when they opened and got lucky. But yeah, took me 4 days of trying to get through.

How did the hearing go? I'm nervous about having to present my case.

it was actually easier than i expected. just tell the truth and stick to the facts. the judge asked my employer for proof of the stealing and they had nothing. case closed

Retaliation for filing unemployment claims is illegal in Washington state. If they're already lying about your termination, their reference is already compromised. Don't let fear of retaliation stop you from getting benefits you're entitled to.

Document everything. If they retaliate, that's a separate legal issue that employment attorneys would be more interested in pursuing.

Is there any way to educate employers about this? It seems like a lot of these disputes could be avoided if managers understood the difference.

Washington ESD offers training for employers, but it's voluntary. Many small businesses don't take advantage of it. The good news is that judges at unemployment hearings are very experienced and can spot false claims quickly.

What kind of evidence did you bring? I have the emails but I'm not sure what else would be helpful.

I brought my offer letter, performance reviews, any emails about company restructuring, and a timeline of events. The timeline was really helpful because it showed the employer's story didn't make sense.

Really? I didn't know back pay was possible. That would definitely help since I've been struggling without any income.

Yes, if you win your appeal, Washington ESD will pay you for all the weeks you were eligible but denied due to the false information. Just make sure you keep filing your weekly claims even while the appeal is pending.

What kind of penalties? Maybe I should mention this to Washington ESD when I file my appeal.

Washington ESD can fine employers for providing false information and making fraudulent claims. They take it seriously because it wastes government resources investigating bogus disputes.

I tried that but it said I couldn't send messages about pending adjudication issues. Maybe that's changed?

thats why i ended up using claimyr. the online messaging system has so many restrictions and you never know if they actually got your message

Thank you for the encouragement. I was starting to think maybe I should just look for a new job and forget about the unemployment benefits.

You can and should do both - look for work AND fight for your benefits. Those benefits can make a huge difference while you're job searching, especially if you're struggling to pay bills.

So the appeal is really my best option? I was hoping there was a way to make them pay for the stress and time they've cost me.

The appeal is definitely your best first step. If you win and can prove the employer acted in bad faith, you might have grounds for additional legal action, but start with the appeal process.

Have you filed an appeal yet? I'm planning to do mine this weekend after I gather all my documentation.

Not yet, but after reading this thread I'm definitely going to. I have emails from my supervisor about the layoffs so I think I have a good case.

Good point about witnesses. Two of my coworkers were laid off the same day and heard the same explanation about budget cuts. I'll reach out to them.

Perfect! Having witnesses who heard the same story will really strengthen your case. Make sure they understand they might need to participate in the hearing by phone.

You're absolutely right that it's frustrating. The good news is that Washington ESD judges are experienced with these cases and can usually spot false claims pretty quickly.

I just hope OP gets their benefits soon. Being out of work is stressful enough without having to fight lying employers too.

That's excellent evidence! WARN notices are public record and clearly document the reason for layoffs. That's going to be very difficult for your employer to explain away.

Wow, that's a smoking gun. WARN notices are filed specifically for layoffs due to business reasons, not individual terminations for misconduct. You should definitely include this in your appeal.

As someone who works in HR, I can tell you that WARN notice completely undermines their misconduct claim. That's the kind of evidence that ends appeals hearings very quickly.