Denied ESD benefits for company policy violation - do I requalify after 10 weeks?
So here's my situation... I was disqualified from receiving unemployment after ESD determined I violated a company policy (which I believe was unfair). I immediately filed an appeal against this decision, but it's been dragging on forever. I'm now in week 11 since the disqualification, and I've heard from a friend that after 10 weeks of being disqualified, you automatically requalify for benefits regardless of the original denial reason? Is this actually true? I've been diligently submitting my weekly claims even while disqualified (as advised), completing my 3 job search activities each week, and honestly looking HARD for work. I've had several interviews but no offers yet. My eServices account still shows my claim as disqualified, but since this is technically week 11, should I expect to see a payment this week? Or is the 10-week requalification thing just a myth? Getting desperate here as savings are basically gone.
18 comments
Giovanni Martello
What you heard is partially true. In Washington, there is a 10-week requalification period after certain types of disqualifications, but it's not automatic. Since you were disqualified for violating company policy (misconduct), you need to: 1) have worked and earned at least 10 times your weekly benefit amount since the disqualification AND 2) be unemployed for 10 weeks. Just filing weekly claims for 10 weeks isn't enough - you would've needed to find some work during that period as well. Check RCW 50.20.050(2)(b) if you want the exact legal details.
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Grant Vikers
•Wait seriously? Nobody told me I needed to actually WORK during this time! I've been focusing 100% on job searching based on what the ESD website said. So even though I've been looking for work diligently for 10+ weeks, that doesn't count? This makes no sense... how am I supposed to find temporary work while looking for a permanent job??
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Savannah Weiner
I went through this exact situation last year! The 10-week thing is real, but the other commenter is right - you have to have some earnings too. BUT, have you gotten a decision on your appeal yet? Because if you win the appeal, you might get backpay for all those weeks! Don't give up on the appeal just because it's been 10 weeks.
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Grant Vikers
•No decision on the appeal yet. I'm starting to think they're ignoring it completely. I check the appeals status online every day and it still just says "pending hearing date." It's so frustrating because I KNOW I didn't actually violate any serious policy. It was a miscommunication that my manager used against me because we didn't get along.
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Levi Parker
I hate to b the bearer of bad news but the 10-week requalification thing depends on WHY you were disqualified. For misconduct cases (which sounds like what happened to you) you need to earn 10x your weekly benefit amount at a new job AND be unemployed for 10 weeks after that separation. it's not as simple as just waiting out 10 weeks. The rules are different for voluntary quits vs. misconduct disqualifications.
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Libby Hassan
•I think theres also different levels of misconduct too? Like gross misconduct has different rules than regular misconduct. something about 10 weeks vs 10 credit weeks. ESD makes this stuff so confusing on purpose I swear...
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Hunter Hampton
OMG the ESD appeal process takes FOREVER!!! I had to wait 14 weeks for my hearing last year. If you're desperate to talk to someone at ESD about your status, try using Claimyr (claimyr.com). It helped me actually get through to a real person after weeks of trying. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Worth it when you're stuck in limbo like this and need answers.
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Grant Vikers
•Thanks for the tip! 14 weeks is insane... I'm already going crazy at 11 weeks. I'll check out that service if I don't hear anything by the end of this week. Did you end up winning your appeal?
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Hunter Hampton
•Yes! I won my appeal but it was stressful. Make sure you have EVERYTHING documented for your hearing - dates, names, copies of policies, etc. I almost lost because I wasn't prepared enough. The judge was super strict.
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Sofia Peña
You've received some good info, but I want to clarify something important - the requalification period after misconduct is actually based on "credit weeks" not just calendar weeks. A credit week is a week where you earned some wages (even small amounts count). So the actual requirement is: - 10 credit weeks (weeks where you earned something) - Total earnings across those weeks must equal at least 10x your weekly benefit amount And yes, this is ON TOP OF continuing to file your weekly claims. If you haven't been working at all during these 11 weeks, unfortunately you haven't started the requalification process yet. Your best bet is to continue pursuing the appeal. In the meantime, try to pick up even part-time or gig work to start accumulating those credit weeks.
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Grant Vikers
•This is so frustrating. The ESD website instructions were so unclear about this. I've been turning down gig work to focus on interviews for full-time jobs because I thought that was what I was supposed to do. Now I find out I should have been doing the opposite? The system seems designed to make people fail.
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Sofia Peña
•I understand your frustration. Unfortunately, the ESD website doesn't always explain the nuances well. For future reference, you can actually accept temporary or gig work while continuing to look for permanent work. You'd just report those earnings on your weekly claim (and might receive partial benefits depending on how much you earn). But right now, focusing on your appeal is probably the best path forward.
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Aaron Boston
lol everyone giving different answers proves how stupid the whole ESD system is. My cousin got denied for "misconduct" then got backpay for EVERYTHING after his appeal. But took like 5 months. system is broken AF
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Giovanni Martello
•That's because each case is different based on the specific facts and the type of misconduct found. The system certainly has flaws, but the variation in outcomes is often due to the specifics of each case rather than randomness.
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Savannah Weiner
Have you tried contacting the Office of Administrative Hearings directly? Sometimes they can give you updates on your appeal status when ESD won't. Their number should be on your appeal paperwork. Also, while waiting, make sure you're keeping detailed records of ALL your job search activities - more than the minimum 3 per week if possible. This helps if they question your job search later.
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Grant Vikers
•I'll try calling OAH tomorrow. I've been keeping good records of my job search activities - way more than 3 per week. I'm applying to literally everything I might be qualified for at this point. Just need someone to take a chance on me.
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Levi Parker
Just to add one more thing to think about - do you have your hearing scheduled yet with OAH? If not, you might want to check if your appeal was actually received and processed. Sometimes paperwork gets lost in the system. Call the OAH directly (not ESD) to confirm they have your appeal in their system.
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Grant Vikers
•No hearing scheduled yet. Just says "pending" whenever I check. I'll definitely call OAH tomorrow to make sure they actually have my appeal. Thanks for that tip.
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