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Sergio Neal

Can you appeal unemployment denial? Washington ESD rejected my claim

Washington ESD denied my unemployment claim last week and I'm completely lost. The denial letter says I was terminated for misconduct but that's not what happened at all. I was let go because of budget cuts, not because I did anything wrong. The letter mentions I have appeal rights but doesn't explain how to actually do it. Has anyone successfully appealed a Washington ESD denial? What's the process like and do I need a lawyer?

Yes, you can absolutely appeal! You have 30 days from the date on the denial letter to file your appeal. Don't wait - that deadline is strict. You can appeal online through your SecureAccess Washington account or mail in the appeal form. The good news is you don't need a lawyer for most appeals.

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Thank you! Do I keep filing weekly claims while the appeal is processing?

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Yes, definitely keep filing your weekly claims even during the appeal. If you win, you'll get backpay for those weeks.

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I went through this exact thing last year. Budget cuts but they coded it as misconduct somehow. The appeal hearing was actually pretty straightforward - just had to explain what really happened.

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How long did your appeal take? I'm worried about how I'll pay bills while waiting.

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Mine took about 6 weeks total. The hearing was scheduled within 3 weeks and then the decision came 2-3 weeks after that.

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Before you do anything else, you need to get your separation paperwork from your employer. If they told Washington ESD it was misconduct but told you it was budget cuts, you have documentation proving the discrepancy. That's your strongest evidence.

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I have my termination letter that says 'position eliminated due to restructuring' - would that work?

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Perfect! That's exactly what you need. Make copies and bring multiple copies to your hearing.

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I tried calling Washington ESD to ask about my denial but could never get through. After weeks of trying, I found this service called Claimyr that actually got me connected to an agent. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ. The agent was able to explain exactly why my claim was denied and walked me through the appeal process. Check out claimyr.com if you're having trouble reaching anyone.

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How much does that cost though? I'm already struggling financially.

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I was worried about cost too but it was worth it to actually talk to someone who could explain what happened. Way better than calling for hours and getting nowhere.

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The appeal process has several steps: 1) File appeal within 30 days 2) Attend phone hearing with Administrative Law Judge 3) Present your evidence 4) Wait for written decision. If you lose at this level, you can appeal to the Board of Appeals.

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Do I need to prepare anything special for the hearing?

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Gather all documentation, write out a timeline of events, and be ready to explain clearly what happened. The judge will ask you direct questions.

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ugh the whole system is so messed up. they deny people for no reason then make you jump through hoops to fix their mistake

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I feel you but complaining doesn't help. The appeal process actually works if you follow it properly.

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yeah I know just frustrated with the whole thing

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One important thing - make sure you understand exactly what they're claiming happened. 'Misconduct' has a specific legal definition in unemployment law. If it was really just budget cuts, that's not misconduct at all and should be an easy win.

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The denial letter is pretty vague. It just says 'terminated for misconduct' without specifics.

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That's why you need to talk to them directly. They should have more details in their system about what your employer reported.

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I'm dealing with something similar right now. My employer is claiming I quit when I was actually laid off. It's so frustrating when they get the facts wrong.

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Are you appealing too? Maybe we can figure this out together.

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Yeah I filed my appeal yesterday. Still waiting to hear about the hearing date.

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Pro tip: When you file your appeal, write a detailed statement explaining exactly what happened. Don't just check the box - use the space to tell your story. The more documentation you provide upfront, the better.

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This is great advice. I won my appeal because I included emails from my supervisor about the layoffs.

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I have some emails too! I'll make sure to include everything.

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Just want to add that you should also file for food stamps and other assistance while you're waiting for the appeal. Don't assume UI will be resolved quickly.

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Good point. I hadn't thought about other assistance programs.

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DSHS can help with food and medical coverage while you're between jobs. Worth looking into.

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Update on my earlier comment about Claimyr - they actually helped me prep for my hearing too. The agent explained what questions to expect and what evidence would be most important. Really helped me feel confident going in.

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That's actually really helpful. I'm terrified about the hearing part.

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I was nervous too but it's really just a conversation. The judge wants to understand what happened, not trick you.

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Remember that your employer will also be at the hearing. They'll present their side of the story, so be prepared to respond to their claims. Stay calm and stick to the facts.

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What if they lie about what happened?

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That's why documentation is so important. Let the evidence speak for itself rather than getting into arguments.

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I won my misconduct appeal last month. The key was showing that my employer's definition of 'misconduct' didn't match the legal standard. Just being bad at your job isn't misconduct - it has to be willful or deliberate.

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In my case it wasn't even performance related. It was clearly budget cuts but somehow got coded wrong.

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Then you should have a really strong case. Layoffs due to budget issues are exactly what unemployment is for.

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Don't forget to check if your employer is fighting the claim. Sometimes they don't even show up to the hearing and you win by default.

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How would I find that out?

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You'll get a notice about who's participating in the hearing. If they don't respond, it's usually just you and the judge.

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whatever you do dont give up. I almost didn't appeal because I thought it was hopeless but I ended up winning and got 8 weeks of back pay

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That's encouraging! I definitely won't give up now.

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good luck! the whole process is stressful but worth it when you win

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Question about appeals - if I win, do I get all the benefits I would have gotten if approved initially?

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Yes, if you win your appeal you get retroactive benefits back to your claim date, assuming you filed weekly claims.

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Perfect, that's what I was hoping to hear.

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For anyone reading this thread later - make sure you file your weekly claims even while appealing. I didn't know this and lost out on 4 weeks of benefits even though I won my appeal.

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This is really important! I'll make sure to keep filing.

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Yeah don't make the same mistake I did. File even if it shows $0 - it establishes the weeks.

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I used Claimyr when I couldn't get through to Washington ESD about my appeal status. The agent was able to tell me exactly where things stood and when to expect my hearing notice. Saved me weeks of wondering what was happening.

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That sounds really helpful. I hate being in limbo not knowing what's going on.

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Exactly! Having actual information made such a difference in my stress level.

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Final thought - even if your appeal doesn't go as planned, you can still appeal to the Board of Appeals. I had to go through two levels but eventually won. Don't give up after the first hearing if you truly believe you're right.

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Good to know there are multiple chances. Hopefully it won't come to that but good to keep in mind.

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Hope you won't need it either, but it's there if you do. Best of luck with your appeal!

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Thank you everyone for all the advice! I'm filing my appeal tomorrow and feeling much more confident about the process. I'll keep filing my weekly claims and gather all my documentation. Really appreciate this community!

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You've got this! Come back and update us on how it goes.

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Good luck! With your documentation it sounds like you have a strong case.

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