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Heather Tyson

Can your previous employer deny unemployment benefits in Washington ESD?

I just got laid off from my job at a manufacturing company after 2 years and filed for unemployment through Washington ESD. My former supervisor was pretty upset when they had to let people go and made some comments about 'fighting any unemployment claims.' I'm worried they might try to block my benefits somehow. Can employers actually deny your unemployment claim in Washington? What power do they have in this process? I really need these benefits to cover rent while I look for work.

Employers can't directly 'deny' your unemployment claim, but they can contest it by providing information to Washington ESD about your separation. They might claim you were fired for misconduct or that you quit voluntarily. The final decision always rests with Washington ESD after they review all the information from both sides.

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That's somewhat reassuring. I was definitely laid off due to budget cuts, not fired for cause. Do I need to provide proof of that somehow?

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Keep any layoff notices, emails about company restructuring, or documentation about the layoffs. Washington ESD will contact your employer to verify the reason for separation during their investigation.

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Your employer will definitely get notified when you file and they have the opportunity to respond with their version of events. Most legitimate layoffs don't get contested unless there are other factors involved. What matters is the actual reason you left the job.

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It was clearly a layoff - they eliminated my entire department. I'm hoping that makes it straightforward.

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Even if they try to contest it, Washington ESD investigators are pretty good at sorting out legitimate layoffs from other separation types. Document everything you can remember about the layoff process.

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I had a similar situation last year where my boss was threatening to 'make sure I don't get unemployment' after I got laid off. Turned out they couldn't do much since it was a legitimate workforce reduction. The key is that Washington ESD makes the final determination, not your employer.

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How long did it take for your claim to get approved? I'm worried about delays if they contest it.

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Mine took about 3 weeks total, but that included the investigation period. If your employer contests it, there might be an adjudication process that can add some time.

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Just went through this mess myself. My employer tried to fight my claim by saying I was fired for attendance issues, but I had medical documentation for my absences. Washington ESD sided with me after reviewing everything. The process was stressful though - I couldn't get through on the phone for weeks to check on my case status. Finally found this service called Claimyr (claimyr.com) that helped me actually reach an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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That's exactly what I'm worried about - not being able to get through to check on things if there are issues. How does that Claimyr thing work?

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Basically they call for you and get an agent on the line, then connect you. Way better than hitting redial for hours. I was skeptical at first but it actually worked.

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Never heard of that service but anything that helps people navigate this system is useful. The phone lines are impossible most days.

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ugh this whole system is so backwards. Why should employers even have a say in unemployment claims?? They already fired you or laid you off, now they get to try and block your benefits too? Makes no sense.

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The system exists to prevent fraudulent claims and ensure benefits go to people who qualify. Employers pay into the unemployment insurance system, so they have a legitimate interest in contesting invalid claims.

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I get that but it feels like they abuse the process sometimes just to be spiteful.

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From what I understand, the employer gets charged more unemployment insurance tax if they have a lot of claims, so some try to contest even legitimate ones to keep their rates down. It's basically a cost-saving measure for them.

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That explains why my supervisor seemed so concerned about people filing claims. It's about money for them.

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That's true - employers have experience rating that affects their UI tax rates. But frivolous contests can also result in penalties, so most legitimate businesses don't contest valid claims.

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The important thing to remember is that Washington ESD is an independent agency. They don't work for your employer. Their job is to determine if you qualify for benefits based on state law, not based on what your employer wants. Stay factual in any communications and you should be fine.

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That's good to know. I was worried they might just automatically side with employers.

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Definitely not. I've seen plenty of cases where Washington ESD ruled against the employer's contest. They investigate thoroughly.

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Make sure you respond to any requests for information from Washington ESD quickly. If they send you forms or ask for documentation as part of investigating your employer's contest, don't ignore it or delay. Missing deadlines can hurt your case even if you're in the right.

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Good point. I'll make sure to check my mail and online account regularly for any requests.

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Yes, and save copies of everything you submit. The paper trail is important if things get complicated.

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Been through this twice - once for a layoff and once when I was wrongfully terminated. In both cases my employers initially contested, but Washington ESD approved my claims after investigation. The system actually works pretty fairly if you have the facts on your side.

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That's encouraging. Did you need a lawyer for the wrongful termination case?

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No lawyer needed for the unemployment claim itself, but I did consult one about the wrongful termination separately. Washington ESD handles their process independently.

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wait so if I got fired for being late too much can my employer block my unemployment? asking for a friend obviously lol

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Chronic tardiness could be considered misconduct, which would disqualify you from benefits. But it depends on the specific circumstances, company policies, and whether you received warnings. Each case is evaluated individually.

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oh man my 'friend' is probably screwed then. Thanks for the info though.

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I'm dealing with something similar right now. Got laid off but my employer is claiming I quit voluntarily because I took a different shift to avoid conflicts with my supervisor. It's completely false but now I'm stuck in adjudication hell trying to prove it was actually constructive dismissal.

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That sounds way more complicated than my situation. How long have you been waiting for a decision?

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Five weeks now. I keep trying to call Washington ESD to check the status but can never get through. Might try that Claimyr service someone mentioned earlier.

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Definitely recommend it for getting through to an actual person. The waiting is the worst part of this whole process.

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Just want to add that even if your employer contests your claim, you should continue filing your weekly claims while the issue is being resolved. If you're ultimately approved, you'll get backpay for the weeks you were eligible.

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Good to know! I was wondering about that. So I keep doing the weekly filings even if the claim is under investigation?

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Exactly. You need to maintain your weekly filing to preserve your right to benefits for those weeks. If you stop filing, you could lose those weeks even if you win the contest.

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This whole thread makes me nervous about filing. I got laid off last month but haven't applied yet because I'm worried about my former boss causing problems. Should I just file anyway?

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Yes, file immediately. You're only hurting yourself by waiting. If you were legitimately laid off, you likely qualify regardless of what your employer says. The longer you wait, the more potential benefits you're losing.

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I was nervous too but I'm glad I filed. Even if there are complications, at least the process is started.

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You're right, I need to stop overthinking this. Filing tomorrow morning.

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One thing to remember is that if your employer does contest and you end up in an appeal hearing, you'll have the chance to present your side of the story directly to an administrative law judge. They're trained to spot employer retaliation and frivolous contests.

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Hopefully it doesn't get that far, but it's good to know there are protections in place.

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Most cases get resolved at the initial determination level. Appeals are less common but the process is fair when they do happen.

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Pro tip: if you have any coworkers who were also laid off, their claims can actually help support your case. If multiple people were let go for the same reason, it's harder for the employer to claim individual misconduct.

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That makes sense. Three of us were laid off from the same department, so that should help establish it was really budget-related.

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Exactly. Pattern of layoffs is strong evidence that it wasn't about individual performance or conduct.

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I've been following this thread and wanted to share my experience from the employer side. I used to work in HR and we only contested claims when there was clear misconduct or voluntary resignation. Legitimate layoffs were never contested because it would just waste everyone's time and potentially result in penalties for frivolous contests.

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That's reassuring to hear from someone who's been on the other side. Hopefully my employer is similarly reasonable.

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Wish all employers were that ethical about it. Some definitely abuse the system.

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You're not wrong - some employers do contest inappropriately. But Washington ESD is generally good at identifying and penalizing those cases.

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For what it's worth, I had an employer try to contest my claim by saying I was fired for poor performance when I was actually laid off. Washington ESD saw right through it and approved my benefits within two weeks. Don't let employer intimidation tactics scare you away from filing.

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Thanks for sharing that. It helps to hear about cases where the system worked correctly.

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The key is just being honest and having your facts straight. Washington ESD investigators are experienced at sorting out the truth.

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Bottom line: file your claim, tell the truth, keep documentation, and don't let your employer's threats intimidate you. The unemployment system exists to help people like you who lost their jobs through no fault of their own. Use it.

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Thank you everyone for all the advice and reassurance. I feel much more confident about my situation now.

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Good luck with your claim! Keep us updated on how it goes.

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Just saw this thread and had to add - I work for a company that regularly does layoffs and we've never contested a single legitimate unemployment claim. Any employer who tries to block benefits after a layoff is just being vindictive. Washington ESD will see through it.

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That's exactly what I needed to hear. Thank you for taking the time to comment.

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Agreed - legitimate businesses don't waste time contesting valid claims. It's usually bad employers who try these tactics.

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I went through a similar situation about 6 months ago when my company did layoffs. My manager made some threatening comments too, but here's what I learned: Washington ESD has pretty strict guidelines about what constitutes valid grounds for contesting a claim. For layoffs specifically, employers need to prove either that it wasn't actually a layoff (like you quit or were fired for cause) or that you don't meet other eligibility requirements. Since you mentioned your whole department was eliminated, that's pretty clear evidence it was a legitimate workforce reduction. The worst case scenario is they contest it and cause some delays, but if you have documentation showing it was truly a layoff, you should be fine. I'd recommend keeping any emails about the layoffs, your termination letter, or anything else that shows the business reason for letting people go.

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