Can an employer appeal an unemployment decision in Washington ESD?

That's exactly what I was afraid of. Do I need to do anything on my end or just wait to see what happens?

Keep filing your weekly claims and document everything. If they do appeal, you'll get notified and have a chance to respond.

How long did the hearing process take? I'm worried about my benefits getting cut off in the meantime.

took about 6 weeks total from when they filed the appeal to when I got the final decision. benefits kept coming though during the appeal

Wait, you kept getting paid during the appeal? I thought they stopped payments when there's a dispute.

Ok that's somewhat reassuring. So I should keep filing my weekly claims no matter what?

Absolutely, keep filing. Missing weekly claims can create bigger problems than the employer appeal itself.

Thanks for the suggestion! I've been trying to call for days but keep getting the busy signal or getting disconnected.

Never heard of this Claimyr thing. Is it legit or just another scam taking advantage of people who can't get through to Washington ESD?

It's legitimate - they don't ask for personal info upfront, just help you get through the phone queue. I was skeptical at first too but it actually worked for me.

The separation notice said 'position eliminated due to organizational restructure' but my manager made some snide comments about my work quality during our final meeting.

That verbal stuff won't matter much if the written documentation says layoff. Employers need concrete evidence of misconduct, not just opinions about performance.

Disagree - I've seen cases where managers' comments during termination meetings were brought up in hearings. Everything matters.

I mean, there has to be some process for employers to contest fraudulent claims though. The system would be even more broken if there was no appeal process at all.

Sure but there should be a shorter window. 30 days is way too long for employers to sit on their hands then suddenly decide to screw over their former employees.

Good point about gathering evidence early. I still have access to some company emails - should I save those?

Absolutely, save anything relevant to your termination and job performance. Just make sure you're not violating any confidentiality agreements when you do it.

Wait, can you use company emails in an unemployment hearing? Isn't that like corporate espionage or something?

That's somewhat comforting. Do you know what percentage of these employer appeals actually succeed?

I don't have exact stats, but from what I've seen, employers lose most appeals when they're disputing layoffs vs misconduct. The bar for proving misconduct is pretty high.

Ugh, I'm sorry you're dealing with this too. Have you heard anything about the timeline for your hearing yet?

nope, still waiting to hear back from Washington ESD about when the hearing will be scheduled

I keep seeing Claimyr mentioned - is it expensive to use?

I'd rather not discuss pricing in a public forum, but honestly getting through to Washington ESD directly was worth it for me when I was dealing with my own appeal situation.

Good reminder - I was wondering if I should pause my job search reporting while this gets sorted out.

Definitely don't pause anything. Treat it like business as usual until you hear otherwise from Washington ESD.

That should be illegal honestly. If they don't contest it within the first week, they should lose their chance to appeal.

totally agree! why give them a whole month to change their minds and mess with people's lives

How formal is the hearing? Do I need a lawyer or can I represent myself?

You can definitely represent yourself. Most people do. Just be organized, stick to the facts, and answer questions directly.

I had a lawyer for mine and honestly felt like it was overkill. The process is pretty straightforward if you have your documentation together.

Exactly! I keep thinking about what I'll do if they decide I have to pay back three weeks of benefits.

try not to spend too much mental energy on the what-ifs. most of these appeals don't result in overpayments when it's a legitimate layoff situation

They need to state their basis for the appeal when they file it, but the detailed evidence usually comes out during the hearing preparation and testimony phase.

That seems backwards - they should have to prove their case just to file the appeal, not just make accusations.

Definitely will update once I know more. Hoping it doesn't drag on too long.

RemindMe! 1 month

Thanks, I've seen Claimyr mentioned a few times in this thread. Might be worth trying since I haven't been able to get through on my own.

Used Claimyr myself when dealing with an adjudication issue. Pretty straightforward and saved me hours of redialing.

Thank you - this whole thread has been really helpful. Feeling less panicked about the situation now.

Good luck with everything! These situations are stressful but usually work out fine if you stay engaged with the process.

That's really good advice about testing the phone setup - I hadn't thought about technical issues potentially causing problems during the hearing. Did you have any trouble getting it rescheduled, or was the judge pretty understanding about the connection issues?

The judge was actually very understanding about the technical difficulties. They rescheduled it for the following week without any hassle. I think they're used to phone issues since everything is done remotely now. The rescheduled hearing went smoothly and I ended up winning my case. Just make sure you have a landline or good cell service as backup if possible!

This is super helpful timing since I might be facing a hearing soon! Quick question - when you say "have all your documents organized," what specific things should I be gathering? I have my separation notice and some emails about the layoff, but wondering if there's other stuff I should be collecting just in case.

For documentation, definitely gather: your separation notice (which you have), any emails about the layoff/restructuring, performance reviews from the past year, any documentation about company-wide layoffs or restructuring, witness statements from coworkers if possible, and your unemployment application with all the details you provided. Also save any company announcements about restructuring or budget cuts if they were made public. The more you can show this was a legitimate layoff and not performance-related, the better. Don't forget to print everything out or have digital copies easily accessible during the call!