Can I win an ESD appeal for misconduct firing without a lawyer?

I went through an appeal last year for a similar situation - they fired me for "misconduct" which was really just me not meeting their impossible sales quotas. YOU DO NOT NEED A LAWYER! I won my appeal without one. Here's what helped me: 1. Get a copy of your employer's response to ESD (request this ASAP) 2. Gather any documentation that shows the inventory procedures were changed 3. If any coworkers can confirm lack of training, get statements 4. At the hearing, stay calm and stick to facts Don't give up! My hearing was scheduled about 3 weeks after I filed the appeal. Just be SUPER prepared with documentation.

Yes, appeal it immediately! You have 30 days from the disqualification notice date. Misconduct has a specific legal definition for ESD purposes - it has to be a willful or wanton disregard of the employer's interest. A misunderstanding about procedures after a system change usually wouldn't qualify as misconduct. Make sure you continue filing your weekly claims while appealing. If you win, you'll get backpay for all weeks you claimed. The appeal hearing will be with an Administrative Law Judge from the Office of Administrative Hearings (OAH). They're independent from ESD and review each case objectively.

I appealed a misconduct disqualification in January and WON without a lawyer. The key is preparation! Before the hearing: - Write out a clear timeline of events - Gather any emails/texts about the inventory procedures - Practice explaining your side calmly and factually During the hearing: - Be respectful and don't interrupt - Stick to relevant facts, avoid emotional arguments - Focus on proving there was no intentional wrongdoing Misconduct requires INTENT to disregard employer policies. If you made an honest mistake because of inadequate training, that's not misconduct! Make this point very clear in your appeal. BTW, if you're having trouble reaching ESD to discuss your appeal, check out Claimyr (claimyr.com). They helped me get through to an actual ESD agent within 30 minutes when I kept getting disconnected. They have a video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3

my cousin had this exact same thing happen and she just gave up didnt appeal and it was HUGE mistake!!! later we found out she totally coulda won. definitely appeal, you got nothing to lose!!!!

I tried appealing without a lawyer and lost. My situation was different (attendance issues) but the whole process was confusing and intimidating. If you can get a free consultation with an unemployment attorney, might be worth it. Some will take cases on contingency if they think you have a good chance of winning. Just my 2 cents.

One thing to add that others haven't mentioned: once you request the appeal, start preparing a written statement. The judge will ask you to explain your side first. Having a clear, chronological explanation prepared will make a huge difference. Also, the legal definition of misconduct for unemployment in Washington is very specific - it's not the same as what an employer might consider grounds for firing. The employer must prove: 1. Your actions were deliberate violations of policies 2. Your behavior was not an error in judgment or ordinary negligence 3. Your actions harmed their business interests Since this was about changes to inventory procedures without proper training, you have an excellent chance of winning. Just be organized and factual in your presentation. Good luck!