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Connor O'Brien

Can an employer fight unemployment benefits in Washington ESD?

I just got fired from my job last week and I'm planning to file for unemployment benefits. My former boss seemed really angry when I left and made some comments about 'making sure I don't get anything.' Can employers actually fight your unemployment claim in Washington? What happens if they do? I'm worried they might try to block my benefits even though I think I have a good case.

Yes, employers can absolutely contest your unemployment claim in Washington. They have the right to respond when Washington ESD sends them notice of your claim. If they provide information that contradicts your reason for separation, it could trigger an adjudication process.

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Oh no, that's exactly what I was afraid of. How long does that adjudication process usually take?

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It varies but typically 2-6 weeks. Washington ESD has to investigate both sides of the story before making a determination.

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happened to me too, my old boss contested my claim saying I was fired for misconduct when really they just didn't like me. took forever to get resolved

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Did you eventually get your benefits approved? What did you have to do to prove your case?

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yeah but it took like 5 weeks and I had to provide documentation about everything. keep all your records!

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The good news is that just because an employer contests doesn't mean they'll win. Washington ESD looks at the facts and evidence. If you were fired for reasons other than misconduct or quit for good cause, you should still qualify. Make sure you document everything - emails, write-ups, witness statements, etc.

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That's reassuring. I do have some emails that show what really happened. Should I submit those right away or wait?

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Submit them as soon as Washington ESD contacts you for your side of the story. Don't wait - the sooner you provide evidence, the better.

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I had a similar situation where my employer contested and I couldn't get through to anyone at Washington ESD for weeks to explain my side. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual person. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Made all the difference in getting my case resolved quickly.

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Interesting, I've never heard of that. Did it actually work for you?

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Yeah, got through to someone within a few hours instead of calling all day. Worth it when you're dealing with a contested claim.

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Sounds too good to be true but I'm desperate enough to try anything at this point

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EMPLOYERS ALWAYS TRY TO BLOCK UNEMPLOYMENT!!! It's because they don't want their rates to go up. The whole system is designed to favor businesses over workers. Don't let them intimidate you - fight back!

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I mean, I get why they would try, but it still feels unfair when you know you didn't do anything wrong.

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While employers do have financial incentives to contest claims, Washington ESD still makes impartial decisions based on facts.

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UPDATE: Just filed my claim online and now I'm waiting to see if they contest it. The waiting is the worst part. How do you even know if your employer has responded?

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Washington ESD will notify you if there are any issues with your claim. You can also check your account online to see if the status changes.

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they'll send you a letter or update your online account if there's a problem. no news is usually good news

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been there done that, my employer fought my claim for 2 months before I finally got approved. Make sure you respond to EVERYTHING Washington ESD sends you, even if it seems minor.

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Two months?! I can't afford to wait that long. Did you get back pay for all those weeks?

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Yes, you get back pay for all the weeks you were eligible if you keep filing your weekly claims. Just keep filing even during adjudication.

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Important point: even if your employer contests, you can still file weekly claims during the adjudication process. If you're found eligible, you'll receive payment for all those weeks retroactively.

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Good to know! I was wondering about that. So I should just keep filing weekly claims no matter what?

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Exactly. Don't stop filing just because there's a contest. You'll lose those weeks if you don't file.

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Ugh this reminds me of when I got laid off and my company tried to say I quit voluntarily. Total BS. Had to go through the whole appeal process.

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That's awful. How did the appeal process go? Was it complicated?

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Not too bad, just had to provide evidence and they had a phone hearing. The judge was pretty fair about it.

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same boat here - boss is vindictive and I know he's gonna fight it. already stressing about it

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I feel you. The stress is real when you're already dealing with losing your job.

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Try not to stress too much. Focus on gathering your documentation and be honest about what happened.

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Quick question - do employers have to pay for contested claims if they lose? Like is there any penalty for frivolous contests?

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Not really a penalty system for employers, but repeatedly losing contests can affect how Washington ESD views future contests from that employer.

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THERE SHOULD BE PENALTIES! They waste everyone's time with bogus contests!

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Had my employer contest last year and honestly it worked out better in the end because I got to tell my side of the story properly during the investigation. Don't panic if they contest - it's not an automatic denial.

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That's actually a good point. I guess it forces them to look at all the facts instead of just taking the employer's word.

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Exactly! And Washington ESD investigators are pretty good at spotting when employers are just trying to avoid paying.

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The key is documentation. I learned this the hard way. Keep records of everything - performance reviews, emails, disciplinary actions, witness contact info. Even if you think it's not important, keep it.

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Wish I had known this earlier. I do have some emails but I should probably gather more evidence just in case.

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Better to have too much evidence than not enough. Screen shot everything before you lose access to company systems.

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Update on my situation - that Claimyr service I mentioned earlier really did help me get through to Washington ESD when my employer contested. Ended up getting my benefits approved after I could actually talk to someone and explain what happened. Sometimes you just need to get a real person on the phone.

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That's great to hear! I might look into that if I have trouble getting through. The phone lines are always so busy.

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How much does something like that cost? I'm already strapped for cash.

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been following this thread because I'm in same situation - employer is definitely going to contest my claim. Thanks for all the helpful info everyone!

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Good luck with your claim! At least we know what to expect now.

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Exactly, feeling more prepared now. Will definitely keep filing weekly claims during any adjudication.

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PSA: If your employer contests, make sure you respond to Washington ESD within the timeframe they give you. I almost missed my deadline because I thought it was just informational.

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Good point! I'll make sure to read everything carefully and respond quickly.

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Yeah, they usually give you like 10 days to respond. Don't procrastinate on it.

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One more thing - if you end up needing to appeal a negative decision, you can request a hearing. I had to do this and it was nerve-wracking but the administrative law judge was fair and I got my benefits approved.

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That's good to know as a backup option. How long did the appeal process take?

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About 6 weeks from filing the appeal to getting the decision. But again, I got back pay for all the weeks I was eligible.

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honestly the whole process is stressful but most people do end up getting benefits if they have a legitimate claim. Don't let your employer intimidate you into not filing.

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Thanks for the encouragement. I was starting to second-guess myself but I know I have a valid claim.

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Trust your instincts and file. Worst case they deny it and you can appeal. You've got nothing to lose.

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Final thought - even if this drags out, keep looking for work and documenting your job search. Washington ESD requires work search activities anyway and it shows you're serious about finding employment.

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Absolutely. I'm already applying to jobs and keeping track of everything. Thanks everyone for all the helpful advice!

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Good luck with your claim! Sounds like you're well-prepared for whatever happens.

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This thread has been super helpful. I'm bookmarking it in case I need to reference it later. Hope everything works out for everyone dealing with contested claims!

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Same here! It's nice to know there are people who have been through this before and can share their experiences.

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That's what these forums are for - helping each other navigate the unemployment system.

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