Can an employer deny unemployment benefits in Washington - worried about my claim
I'm really stressed about this. I got laid off from my job at a manufacturing plant two weeks ago and filed for unemployment right away. Today I got a call from Washington ESD saying my former employer is disputing my claim. They're saying I was fired for misconduct, which is complete BS. I was laid off because they're cutting production. Can employers just deny your unemployment like this? I really need these benefits to pay rent and I'm freaking out that they can just block me from getting help. Has anyone dealt with this before?
51 comments


Jasmine Hancock
Employers can't technically 'deny' your unemployment, but they can contest it which triggers an adjudication process. Washington ESD will investigate both sides and make a determination. The burden is on the employer to prove misconduct if that's what they're claiming. You should gather any documentation you have about your layoff - emails, notices, anything that shows it was a reduction in force rather than termination for cause.
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James Maki
•Thank you! I do have the layoff notice they gave me. Should I upload that to my account or wait for them to ask for it?
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Jasmine Hancock
•Upload it ASAP to your SecureAccess Washington account. The more documentation you provide early, the better your case looks during adjudication.
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Cole Roush
This happened to me last year. My employer tried to claim I quit when I was actually laid off due to COVID cutbacks. The adjudication took about 3 weeks but I won and got all my back benefits. Washington ESD sees through employer BS pretty easily if you have documentation.
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James Maki
•That's reassuring to hear. Did you have to do anything special during the adjudication or just wait?
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Cole Roush
•I had to submit a written statement explaining my side and provide my layoff paperwork. They might schedule a phone interview too.
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Scarlett Forster
If you can't get through to Washington ESD to check on your adjudication status, I found this service called Claimyr that helped me get connected to an actual person. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling and getting busy signals.
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Arnav Bengali
•How much does something like that cost? I'm already broke from being unemployed.
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Scarlett Forster
•I can't remember the exact price but it was worth it to actually talk to someone at Washington ESD instead of calling 200 times a day. Way less stress.
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Sayid Hassan
employers contest claims all the time to try to keep their unemployment insurance rates low. It's really frustrating but most of the time if you were truly laid off the adjudicator will rule in your favor. Just be patient and respond to any requests for information quickly.
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James Maki
•I didn't know that about the insurance rates. That explains why they're being so difficult about this.
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Rachel Tao
THE WHOLE SYSTEM IS RIGGED!!! Employers can just lie and say whatever they want and we have to prove our innocence. I've been fighting my case for 2 MONTHS and still haven't gotten a penny while my rent is overdue. Washington ESD doesn't care about working people at all!!!
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Jasmine Hancock
•I understand the frustration but most adjudications don't take 2 months. You might want to check if there are other issues with your claim or if you missed responding to something.
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Rachel Tao
•I've responded to everything they asked for. The system is just broken and designed to deny benefits to people who need them.
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Derek Olson
What kind of misconduct are they claiming? That makes a difference in how strong their case is. If it's something like attendance issues, that's harder for them to prove than something like theft or violence.
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James Maki
•They're being vague but mentioned something about 'performance issues' which is ridiculous since I never had any write-ups or warnings.
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Derek Olson
•Performance issues alone usually don't qualify as misconduct for unemployment purposes. You should be fine if you have a clean disciplinary record.
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Danielle Mays
Keep filing your weekly claims even during adjudication! If you win, you'll get back pay for all the weeks you filed. If you don't file, you can't get those weeks back later.
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James Maki
•Yes I'm still filing every week. The system lets me file but says my payments are on hold pending the investigation.
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Danielle Mays
•Perfect, that's exactly what you want to see. Keep doing that and you should get a lump sum when it's resolved.
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Roger Romero
My brother went through this same thing and it took forever to resolve. He ended up having to appeal twice before he finally got his benefits. The employers have lawyers and we're just regular people trying to survive.
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Jasmine Hancock
•Appeals are rare if you have good documentation from the start. Most adjudications are resolved at the first level.
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Roger Romero
•Maybe his case was more complicated then. I just know it was a huge hassle for him.
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Anna Kerber
Document everything! Keep records of all your communications with Washington ESD, any paperwork from your employer, and dates of phone calls. If this goes to appeal you'll need a paper trail.
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James Maki
•Good advice. I'm starting a folder with everything related to this claim.
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Niko Ramsey
I work in HR and see this from the employer side. Most companies don't contest claims unless they have solid evidence of misconduct. But some employers do try to game the system to keep their UI rates low. If you were truly laid off, you should win this easily.
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James Maki
•That's helpful to hear from someone on the employer side. I definitely was laid off, not fired.
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Sayid Hassan
•Exactly, and adjudicators can usually tell the difference between legitimate misconduct and employers trying to avoid paying higher UI premiums.
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Seraphina Delan
Check your email and SecureAccess Washington account daily. Sometimes they send requests for information with short deadlines and if you miss them it can hurt your case.
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James Maki
•I've been checking multiple times a day. So far just the initial notice about the employer dispute.
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Scarlett Forster
Update on that Claimyr service I mentioned - I used it again last week to check on a different issue and got through to Washington ESD in like 15 minutes. Way better than the 3+ hour wait times I was getting when calling directly.
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Jabari-Jo
•That actually sounds pretty useful. I spent 4 hours on hold yesterday and never got through.
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Scarlett Forster
•Yeah the video demo at https://youtu.be/7DieNd3C7zQ explains it better than I can but it basically handles all the redialing and waiting for you.
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Kristin Frank
stay strong! This is just another hoop they make us jump through. I had my employer contest my claim too and I was so worried but ended up winning. The truth usually comes out during the investigation.
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James Maki
•Thank you for the encouragement. This whole situation has been so stressful on top of losing my job.
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Micah Trail
One thing to remember is that even if they find some minor misconduct, it has to be 'willful' to disqualify you from benefits. Simple mistakes or poor performance usually don't count as willful misconduct under Washington law.
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James Maki
•That's good to know. I never had any disciplinary action so I don't think they can claim anything was willful.
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Nia Watson
The waiting is the worst part. I kept checking my account every hour when I was going through adjudication. Try to stay busy and not obsess over it too much.
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James Maki
•Easier said than done when you're worried about paying bills! But I'll try to stay distracted.
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Alberto Souchard
Make sure you're doing your job search activities too even while the adjudication is pending. You'll need to show you were looking for work for those weeks if you win your case.
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James Maki
•Yes I'm keeping my job search log updated. Applying to everything I can find right now.
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Katherine Shultz
I'm going through the exact same thing right now! My employer is claiming I was fired for being late too many times when I was actually laid off because they lost a major contract. It's so frustrating that they can just lie like this.
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James Maki
•It's awful that we have to deal with this when we're already stressed about being unemployed. How long has your case been in adjudication?
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Katherine Shultz
•About 10 days now. I'm hoping it gets resolved soon because I'm running out of savings.
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Marcus Marsh
The good news is that if you win, you'll get all the back pay from when you first filed. So even though this delay sucks, you won't lose any money in the long run if you're approved.
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James Maki
•That's what I'm hoping for. Just need to get through this waiting period without going broke.
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Cole Roush
One more tip - if they schedule a phone interview, make sure you answer when they call. They sometimes only try once and if you miss it, it can delay your case even more. Keep your phone nearby during business hours.
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James Maki
•Definitely will do that. I've been keeping my phone on me at all times just in case.
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Hailey O'Leary
This thread has been really helpful. I didn't realize employers contested claims so often. Makes me worried about my own situation since I was let go during 'restructuring' but it was pretty obvious they were getting rid of older employees.
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Jasmine Hancock
•Age discrimination layoffs are unfortunately common but as long as you weren't fired for cause, you should still qualify for unemployment benefits.
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Hailey O'Leary
•Good to know. I guess I'll find out if they try to contest my claim too.
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