Can you sue Washington ESD unemployment for wrongfully denying benefits?

They said I was fired for misconduct but my employer lied about what happened. I have documentation proving otherwise but the hearing officer didn't seem to care.

If you have new evidence that wasn't considered, you might be able to request a review or file a petition for judicial review in superior court. That's different from suing for damages though.

I'll look into that, thanks. At this point I'm willing to try anything to get someone at Washington ESD to actually listen.

How much does that service cost? Seems like we shouldn't have to pay extra just to reach our own unemployment office.

It's way less than what a lawyer would charge and definitely cheaper than living off credit cards for months. The main thing is it actually works - I got through to someone who could review my case properly.

I didn't know about that step. My hearing was through the Office of Administrative Hearings but I don't think it went to a Board of Review?

If your appeal was denied at the OAH level, you should have gotten information about filing a petition for review. Check your denial letter - there should be instructions about the next steps.

Have you tried contacting legal aid? Some lawyers take unemployment cases on contingency or pro bono if there's clear misconduct by the state.

yeah tried that already, they said unemployment cases are hard to win unless theres like discrimination or something obvious

That's actually a good point. My employer definitely lied during the unemployment hearing. Maybe I should focus on them instead of Washington ESD.

Exactly. If you can prove your employer provided false information, that could be grounds for a lawsuit AND help overturn your unemployment denial.

Standby claims have specific requirements. Did you submit the proper union documentation and employer verification forms?

YES I submitted everything they asked for TWICE and they still screwed it up. The whole system needs to be sued into oblivion.

What kind of discrimination was involved? I wonder if there's any pattern to these wrongful denials that could indicate systemic problems.

It involved disability discrimination - they weren't properly accommodating requests for alternative communication methods during the appeal process.

I'm definitely going to try this first. If I can get someone to actually look at my documentation properly, maybe I won't need legal action.

That's discouraging but good to know. Sounds like I need to focus on the administrative process rather than jumping straight to lawsuits.

Exactly. The system is designed to resolve these issues through appeals and reviews, not civil litigation. Though it's frustrating when that process seems broken too.

That's exactly what I was afraid of. Thanks for sharing your experience - it's helping me think more clearly about my options.

I do have records of everything - all the forms I submitted, emails, hearing transcripts. Maybe I should have a lawyer review those to see if there were procedural violations.

That's smart. Even if you can't sue for damages, procedural violations might help you get a new hearing or review of your case.

I already went through the appeal process and lost. That's why I'm asking about other options.

Oh sorry, I missed that part. If you've exhausted appeals then yeah, legal action might be your only remaining option.

That's probably true but it's the principle of the matter at this point. They owe me 8 months of benefits that I was entitled to.

I totally understand the frustration. Just make sure you're thinking about it practically too, not just emotionally.

I hadn't thought of that approach. It's worth a try before spending money on lawyers.

Definitely worth trying. Elected officials have staff specifically for helping with state agency problems like this.

That's amazing. I'm definitely trying this tomorrow. Maybe my case just needs someone to actually look at it properly.

How would someone go about finding others with similar cases? Are there any groups or forums specifically for this?

Social media groups and legal aid organizations sometimes coordinate these efforts. You'd need to find people with very similar fact patterns though.

Yeah that seems to be the consensus here. I'm going to try Claimyr first thing tomorrow and see if I can get someone to review my case properly.

Good point. I've been keeping records but I'll make sure they're organized properly in case I need them later.

How long do I typically have? My denial was 8 months ago but I've been in appeals since then.

It varies but usually 1-3 years depending on the type of claim. Appeals might toll the statute but you'd need to check with a lawyer to be sure.

Glad it helped! I feel like I have a much better roadmap now for what to try next. Sometimes just talking through the options helps clarify things.