Can my former employer see my adjudication documents and rebuttals to ESD?
I'm in the middle of an unemployment adjudication process and the ESD adjudicator asked me to upload several PDF files (paystubs, emails from HR) and write rebuttals to my employer's statements. I'm worried about what information my former employer will see. Do they get access to everything I submit to ESD? I want to be honest with the adjudicator but there are some documents that could make things uncomfortable if my ex-boss sees them (like screenshots of inappropriate texts he sent). I don't want to hurt my chances of winning this case, but also don't want to cause more drama if I end up having to work with this company again in the future. Has anyone gone through this process and knows what employers actually get to see?
17 comments
Lauren Johnson
Yes, your employer will receive copies of most documents you submit during adjudication. ESD follows a process called "interested party disclosure" where both sides get to see evidence submitted by the other party. This is part of due process. If you submit those screenshots as evidence, your former employer will likely see them. However, this is necessary for a fair adjudication process - the adjudicator needs to evaluate all evidence from both sides to make a proper determination on your claim.
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William Schwarz
•Thanks for the info. That's what I was afraid of. Do you know if there's any way to mark certain documents as confidential or just share them with the adjudicator? The texts really help prove my case but could make future job references really awkward.
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Jade Santiago
i went thru this last yr and my boss got ALL my stuff. he even called me yelling bout what I said in my statment!! not cool at all but my claim got approved anyway so whatevs
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Caleb Stone
•That's terrible! The system is so messed up. Your former employer shouldn't be allowed to harass you about what you submitted to ESD. Did you report that to anyone? I wonder if there's some kind of protection against retaliation like that. The whole unemployment system seems designed to make things as difficult as possible for people who are already struggling!
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Daniel Price
While both parties do get to see evidence submitted in the adjudication process, you should know that in Washington state, it's a good idea to submit ALL relevant evidence that supports your case. The text messages you mentioned could be crucial evidence if they relate to why you left the job or if they establish a pattern of workplace misconduct. If your claim gets denied and goes to an appeal hearing with the Office of Administrative Hearings (OAH), you'll want to have submitted all your evidence during adjudication. The judge might not allow new evidence that could have been submitted earlier. Remember that retaliation for filing an unemployment claim is illegal. If your former employer retaliates against you for exercising your right to file for benefits, that's a separate legal issue.
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William Schwarz
•That's really helpful context. I didn't realize I might not be able to add evidence later if this goes to appeal. I guess I need to decide what's more important - protecting the relationship or winning my claim. The texts definitely show misconduct that led to my constructive dismissal.
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Olivia Evans
just curious, what kind of inappropriate texts did ur boss send? my manager has been doing similar stuff and im wondering if i should be saving them in case i need them later
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Sophia Bennett
•Let's stay on topic here. This thread is about document visibility during adjudication, not the specific content of workplace communications. I think we should respect the OP's privacy rather than asking them to share potentially sensitive information in a public forum. To address the original question: Yes, employers see most evidence, but remember that ESD adjudicators are used to handling sensitive workplace disputes. The documentation process exists to ensure fair decisions based on complete information.
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Aiden Chen
I had a similar situation last month. Tried calling ESD for days to ask this exact question but couldn't get through. Finally used Claimyr (claimyr.com) to connect with an ESD agent within 20 minutes. They have this video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with confirmed that yes, employers do see most documents, but they also told me I could specifically request certain sensitive items be viewed only by the adjudicator if there's a legitimate concern. You need to specifically note this when uploading though. Worth asking about!
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Jade Santiago
•did that actually work tho?? did they keep stuff private when u asked? seems like esd just does whatever they want lol
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Aiden Chen
•In my case, they did keep one document private (medical info), but said they couldn't do it for everything - only special circumstances. The agent was super helpful in explaining exactly what would be shared and what wouldn't. Better than guessing!
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Daniel Price
One important detail I forgot to mention - any personal information like your SSN, bank account details, or medical information gets redacted before documents are shared with employers. ESD does have some privacy protections in place. Also, regarding those text messages - if they're relevant to your separation reason, they should be submitted. If they show harassment or a hostile work environment that led to you quitting, that could help establish good cause for leaving, which is critical in a voluntary quit situation.
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William Schwarz
•That's good to know about the redactions! The texts are definitely relevant - they show my boss creating a hostile environment that eventually made me quit (after I reported it to HR with no resolution). I'll go ahead and submit everything. Better to win my claim than worry about awkwardness later.
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Caleb Stone
The whole system is RIGGED against workers!! Of course they share everything with employers - the ESD is in the pocket of big business!!! I submitted evidence last year and my employer straight-up LIED about what happened in their response. The adjudicator believed them even though I had proof!!! Had to appeal to OAH and waste MONTHS of my life fighting for benefits I deserved. The system is designed to wear you down until you give up. FIGHT BACK and don't let them intimidate you!!!
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Lauren Johnson
•While I understand your frustration, the adjudication process is designed to be impartial. Sometimes mistakes happen, which is why the appeal system exists. In my experience helping people with claims, ESD generally tries to make fair determinations based on the evidence presented. The key is providing clear, relevant documentation that supports your case.
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Zoey Bianchi
Hey everyone! Just wanted to update after talking to my adjudicator directly. She confirmed that yes, my employer will see most documents I submit, but she also said I can request certain sensitive items be marked for "adjudicator review only" if they contain personal information beyond what's needed for the claim decision. I ended up submitting everything including the texts since they directly relate to why I left. The adjudicator actually thanked me for being thorough with my evidence. Still waiting on the decision, but feeling better about the process now. Thanks for all the advice!
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Sophia Bennett
•Thanks for coming back to update us. That's valuable information about the "adjudicator review only" option. Good luck with your claim! Based on what you've described, it sounds like you have solid documentation to support your case. Please let us know how it turns out if you don't mind sharing.
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