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Natasha Orlova

Can you collect unemployment if you refuse a pay cut - Washington ESD eligibility question

My employer just informed me they're cutting everyone's pay by 30% due to budget issues. I've been with this company for 4 years making $28/hour and they want to drop me to $19.60/hour. I'm thinking about refusing and quitting instead. Would I be eligible for Washington ESD unemployment benefits if I quit because of a significant pay reduction? I know quitting usually disqualifies you but this feels like constructive dismissal. Has anyone dealt with this situation before?

This is actually a gray area with Washington ESD. Generally quitting disqualifies you from UI benefits, but there are exceptions for "good cause" including substantial changes to your job conditions. A 30% pay cut could potentially qualify as good cause, but you'd need to document everything and be prepared for an adjudication process.

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Thanks for the info! What kind of documentation should I be gathering? I have the email about the pay cut but should I get anything else?

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Save all communications about the pay cut, your employment contract if you have one, and any company policies about wage changes. Also document if this violates any agreements you signed when hired.

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My friend went through something similar last year. She quit after a 25% pay cut and initially got denied for UI benefits. Had to appeal and it took forever to get through adjudication. Eventually won the appeal but it was stressful.

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How long did the whole appeal process take? I'm worried about being without income for months.

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I think it was like 8-10 weeks total including the initial denial and appeal hearing. She had to really prove the pay cut was unreasonable.

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You might want to try reaching Washington ESD directly before making any decisions. I know their phone lines are brutal but getting official guidance on your specific situation could save you headaches later. I used claimyr.com recently to get through to an actual agent - they have this system that calls back when an agent is available so you don't have to sit on hold forever. There's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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I've been trying to call Washington ESD for days with no luck. How much does that claimyr service cost?

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I don't remember the exact cost but it was worth it to actually talk to someone. Way better than burning hours trying to get through on my own.

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Never heard of claimyr but honestly anything beats sitting on hold for 3 hours just to get disconnected

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DONT QUIT! Take the pay cut and look for another job while employed. Quitting for any reason makes getting unemployment benefits way harder even if you think you have good cause. The burden of proof is on you to show it was constructive dismissal.

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But if I take the pay cut, doesn't that mean I accepted the new terms? Would that hurt my case later if I still end up quitting?

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That's actually a good point. Accepting the reduced pay temporarily might be seen as agreement to the new terms. This is why you really need to talk to Washington ESD about your specific situation.

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what constitutes "substantial" change anyway? 30% seems huge but is there like an official percentage or something?

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Washington ESD doesn't have a specific percentage threshold. They look at the overall impact on your ability to support yourself and whether a reasonable person would consider it a significant change to employment conditions.

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that's so vague tho... wish they had clearer guidelines

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I had a similar situation in 2023. Company cut my hours from full-time to part-time and reduced my hourly rate. I quit and filed for unemployment. Had to go through adjudication but eventually got approved. The key was showing that the changes made my job basically a different position than what I was hired for.

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That gives me hope! Did you have to prove you looked for other work before quitting?

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Yes, I documented that I tried to negotiate with management first and looked into internal transfers. Washington ESD wants to see you exhausted other options before quitting.

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My understanding is Washington state is pretty employee-friendly with constructive dismissal cases compared to other states. Still not a guarantee though. Document everything and maybe consult with an employment lawyer for a quick consultation?

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Good idea about the lawyer consultation. Do you know if there are any free legal aid services that handle employment issues?

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Try calling 211 or check with your county bar association for low-cost legal clinics

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Just remembered - my friend also had to show she couldn't afford to live on the reduced salary. She brought bank statements and budget info to her appeal hearing to prove the pay cut would cause financial hardship.

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That makes sense. A 30% cut would definitely cause me financial hardship - I'm barely making ends meet as it is.

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Another option to consider - if you do decide to quit, make sure you understand Washington ESD's job search requirements before filing. You'll need to be actively looking for work and document your search activities. The requirements are pretty specific about what counts as valid job search activities.

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I haven't looked into those requirements yet. Is it just applying to jobs or are there other things I'd need to do?

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You need to make at least 3 job search contacts per week and keep detailed records. There are specific activities that count - applying for jobs, attending job fairs, networking events, etc. Check the Washington ESD website for the full list.

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have you considered asking for a layoff instead of quitting? sometimes companies are willing to lay people off instead of cutting pay, especially if they're trying to reduce costs anyway

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Interesting idea! I hadn't thought of that. Would being laid off be better for unemployment eligibility?

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Yes, being laid off through no fault of your own makes you eligible for unemployment benefits immediately. Much simpler than trying to prove good cause for quitting.

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The system is so messed up. Companies can basically do whatever they want to employees and then we have to jump through hoops to get basic unemployment benefits when we're forced out. 30% pay cut should automatically qualify as constructive dismissal IMO.

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totally agree. the whole system favors employers

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While I agree it's frustrating, there have to be some guidelines or everyone would just quit and claim constructive dismissal

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If you do end up needing to contact Washington ESD about this, I'd suggest using that claimyr service I mentioned earlier. When I had questions about my claim status, it was impossible to get through using the regular phone number. Claimyr got me connected to an agent who could actually look at my specific case and give me real answers instead of generic information from the website.

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I might have to try that. The website FAQ doesn't really cover my specific situation and I need to know for sure before I make this decision.

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One more thing - if you do quit and file for unemployment, be completely honest on your application about why you left. Don't try to make it sound like anything other than what it is. Washington ESD will verify with your employer anyway and any inconsistencies will hurt your case.

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Good point. I'll make sure to be upfront about the pay cut being the reason if I go that route.

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Also keep in mind that even if you qualify for unemployment benefits, the amount you receive is based on your previous earnings. So you'll likely get less than your current reduced salary anyway. Might be worth staying and job hunting while employed if the reduced pay is still livable short-term.

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I calculated it and unemployment would probably be about $400/week based on my previous earnings. The reduced salary would be about $785/week so staying might make financial sense short-term.

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Exactly. Plus you avoid the uncertainty of the adjudication process and keep your health insurance if you have it through work.

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Whatever you decide, start documenting everything NOW. Even if you don't end up quitting, having a paper trail could be useful if the situation gets worse or if other employees are dealing with the same thing.

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Already started saving emails and taking screenshots. Figure it can't hurt to have everything documented.

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Update us on what you decide! This kind of situation is becoming more common and it would be helpful to know how Washington ESD handles these cases in practice.

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Will do! I'm leaning toward trying to talk to Washington ESD first to get official guidance before making any moves.

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good luck either way. this whole situation sucks and you shouldn't have to choose between a massive pay cut and potentially losing unemployment benefits

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Thanks! Yeah it's a crappy position to be in but at least I have some good information now to help me decide.

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Just want to emphasize again - talking to an actual Washington ESD agent about your specific situation is really the best way to get accurate information. The general guidelines are helpful but your particular circumstances might have nuances that affect eligibility. That claimyr service at claimyr.com really does work for getting through their phone system.

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I think that's going to be my first step. Need to know for sure where I stand before making this decision.

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might also be worth checking if your company has an HR department or employee handbook that addresses wage changes. some companies have policies about advance notice or limits on how much they can reduce pay

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Good thinking! I'll check my employee handbook. They only gave us a week's notice which seems really short for such a big change.

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Keep us posted OP. Really hoping this works out for you. The fact that you're thinking it through carefully and getting advice shows you're handling this right.

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Thanks everyone for all the helpful advice! This thread gave me a lot to think about and several options I hadn't considered.

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I went through something similar about 6 months ago when my employer tried to cut my pay by 20%. I ended up negotiating with them first - asked if they could reduce my hours instead of my hourly rate, or if the pay cut was temporary with a timeline to restore wages. Sometimes companies are more flexible than they initially seem, especially if you've been there a while like you have. It's worth having that conversation before you decide to quit, and it also shows Washington ESD that you tried to work with your employer if you do end up filing for unemployment later.

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That's really smart advice about trying to negotiate first! I hadn't thought about asking for reduced hours instead of reduced pay - that might actually work better for me since I could potentially find part-time work to make up the difference. And you're absolutely right that showing I tried to work with them would probably help my case if I do end up needing to file for unemployment. Did your employer go for the alternative arrangements when you suggested them?

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