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Christian Bierman

Can you draw unemployment if you resign in Washington ESD - need clarification

I'm in a really toxic work environment where my supervisor has been making my life miserable for months. I've documented everything but HR isn't doing anything about it. I'm thinking about quitting but I need to know - can you still get unemployment benefits through Washington ESD if you voluntarily resign? I can't afford to be without income but I also can't keep working in this situation. Has anyone dealt with this before?

In Washington state, you can potentially qualify for UI benefits even if you quit, but only if you had 'good cause' for leaving. The key is proving that a reasonable person would have quit under the same circumstances.

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What exactly counts as good cause? Is workplace harassment enough?

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Yes, documented harassment can definitely qualify as good cause. Make sure you have everything in writing - emails, incident reports, witness statements if possible.

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honestly i quit my last job cause my boss was awful and Washington ESD denied my claim initially. had to appeal and it took forever

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

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took about 6 weeks for the hearing and then another 2 weeks for the decision. was rough financially

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Before you quit, try to get your employer to fire you instead. Document everything, maybe start recording conversations if it's legal in your state. Sometimes they'll let you go rather than deal with a harassment complaint.

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I've thought about that but I'm worried it might backfire and make things even worse.

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Washington is a two-party consent state for recordings FYI, so be careful with that advice

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I had a similar situation last year and couldn't get through to Washington ESD for weeks to even ask about my options. Ended up using this service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Finally got to talk to someone who explained the whole good cause process to me.

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How much does that cost? I'm already tight on money.

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It was worth it to actually get answers instead of calling hundreds of times. The service handles the waiting and connects you when an agent is available.

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Never heard of this but might be worth trying if the normal phone lines are still impossible

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YOU NEED TO DOCUMENT EVERYTHING!!! I cannot stress this enough. Every conversation, every email, every incident. Washington ESD will want proof that you tried to resolve the situation before quitting.

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I have been documenting but mostly just keeping notes. Should I be doing something more formal?

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Email your HR department about each incident so there's an official record. Also check if your company has an employee handbook that outlines harassment policies they're not following.

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Here's what Washington ESD looks for with voluntary quit situations: 1) Did you try to resolve the issue first? 2) Was the situation serious enough that a reasonable person would quit? 3) Did you give your employer a chance to fix it? If you can answer yes to all three, you have a good chance of qualifying.

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I've talked to HR twice but they basically ignored me. Is that enough to show I tried to resolve it?

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That's a good start. Make sure you have documentation of those HR conversations - emails, notes with dates and names. The more paper trail the better.

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Also make sure you understand the difference between quitting for good cause vs being constructively discharged. Sometimes the situation is so bad it's like they forced you to quit.

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whatever you do dont just quit without filing for unemployment right away. even if they deny you initially you want to get the process started

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Good point. How quickly do you have to file after quitting?

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you should file as soon as possible after your last day of work. there's no waiting period requirement but the sooner the better

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I work in HR and I can tell you that most companies don't want to deal with harassment lawsuits. If you've documented everything properly and they're not responding, that actually strengthens your case for good cause.

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That's reassuring. Do you think I should mention potential legal action when I talk to HR again?

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I wouldn't threaten legal action directly, but you can mention that you're documenting everything for your records. That usually gets their attention.

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This is good advice. Companies hate creating liability for themselves.

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My friend quit her job due to harassment and got approved for UI benefits but it took three months of appeals and hearings. Make sure you're prepared for a fight if they deny you initially.

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Three months?? How did she survive financially during that time?

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She had to borrow money from family and picked up some gig work. It was really tough but she eventually got all the back benefits.

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This is exactly why services like Claimyr are helpful - you can actually talk to someone about your specific situation instead of guessing what might happen.

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just a heads up that even if you qualify for unemployment after quitting, there might be a waiting period before benefits start. in my case it was like 2 weeks

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Is that on top of the normal waiting week?

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no the waiting week was eliminated in washington a few years ago but there can still be delays while they investigate your quit

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The investigation period varies depending on how complex your case is. Simple good cause cases might be resolved quickly, but harassment cases often take longer.

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Have you considered filing a complaint with the state labor department about the harassment? That creates an official record that could help your unemployment case too.

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I didn't know that was an option. Would that help even if I've already quit?

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Yes, it shows that the situation was serious enough to involve state agencies. It's another piece of evidence for your good cause argument.

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Whatever you decide, don't let them push you out without documenting EVERYTHING. Take screenshots, save emails, write down dates and times. I learned this the hard way.

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Did you end up getting benefits after you quit?

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Eventually yes but it took two appeals and about 4 months total. Wish I had been better prepared from the start.

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This is why documentation is so critical. Washington ESD adjudicators see a lot of he-said-she-said cases, so solid evidence makes all the difference.

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I used to work for Washington ESD (different department) and I can tell you that good cause determinations are taken seriously. The more documentation you have, the better your chances. Don't just quit on impulse - build your case first.

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That's really helpful insight. Any other tips from the inside?

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Make sure you understand exactly what constitutes good cause under Washington law. It's not just about the job being unpleasant - it has to be something that would make a reasonable person quit.

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This is exactly why I keep saying DOCUMENT EVERYTHING. You need to prove it wasn't just a personality conflict.

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been there with the toxic boss situation. what finally worked for me was getting everything in writing and then having a conversation with my boss's supervisor. sometimes going up the chain helps

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I'm worried about retaliation if I go over my supervisor's head.

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thats a valid concern but if you're already planning to quit anyway you dont have much to lose by trying

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Just want to echo what others have said about Claimyr - I used them when I had questions about my claim status and it was so much easier than trying to get through the regular phone lines. Worth checking out their demo video to see if it would help your situation.

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I keep seeing mentions of this service. It seems too good to be true that you can actually reach Washington ESD agents easily.

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I was skeptical too but it actually worked. They handle all the waiting and call you back when they get through to an agent.

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Same experience here. Finally got to ask all my questions about good cause requirements directly to an ESD representative.

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Don't forget that if you do get benefits after quitting, you'll still need to meet all the regular requirements like job searching and reporting your weekly claims. The good cause just gets you past the initial hurdle.

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Good reminder. I assume the job search requirements are the same whether you were fired or quit?

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Yes, same requirements. You'll need to log your job search activities and be available for work.

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One more thing - if your employer contests your unemployment claim (which they might if you quit), be prepared for that process too. They'll argue that you weren't eligible because you voluntarily left.

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How common is it for employers to contest claims when someone quits for good cause?

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Pretty common unfortunately. They don't want their unemployment tax rates to go up. But if you have solid documentation of good cause, you should be fine.

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This is another reason why having everything documented is so important. You need to be able to prove your case during the employer contest process.

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my advice is to start looking for another job NOW while you're still employed. that way if you do quit you're not starting from zero and you can honestly tell Washington ESD that you're actively job hunting

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That's smart. I've been so focused on the current situation I haven't even thought about what comes next.

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exactly. having interviews lined up makes your case stronger that you're serious about working and not just trying to game the system

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Last thought - consider consulting with an employment attorney before you make any decisions. Many will give free consultations and can tell you if you have grounds for a harassment lawsuit in addition to unemployment benefits.

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I hadn't thought about legal action but you're right that it might be worth exploring.

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Even if you don't pursue a lawsuit, having a lawyer's opinion on your situation could strengthen your unemployment case.

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Bottom line - yes you can potentially get unemployment if you quit for good cause in Washington, but you need to be prepared to prove your case. Document everything, follow proper procedures, and don't expect it to be easy or quick.

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Thanks everyone for all the advice. I have a lot to think about and prepare for.

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Good luck! Remember that even if it's denied initially, the appeals process exists for situations exactly like yours.

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Feel free to come back and update us on how it goes. These situations are never easy but you have options.

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