Denied ESD benefits for 'misconduct' - need urgent help with appeal

I successfully appealed a misconduct denial last year, so I can walk you through this. First, you need to file your appeal ASAP - don't wait until the deadline. You can do this online through your ESD account or mail in the form that came with your denial letter. Make sure to clearly state why the employer's version is wrong. For your appeal hearing, prepare the following evidence: 1. The text messages from your coworker (these are GOLD) 2. Your employment record showing no prior disciplinary actions 3. Any performance reviews that were positive 4. A written timeline of the incident with specific details 5. Names of any other witnesses who can support your version The key to winning is proving the employer's story isn't accurate. Since they're claiming you violated health code and behaved inappropriately, your coworker's statement directly contradicting this will be crucial.

omg the SAME thing happened to me at my restaurant job!! my boss made up a bunch of stuff about me being rude to customers but it was all lies. i appealed and lost cause i didnt have any proof. get EVERYTHING in writing and make copies of EVERYTHING. the hearing judge believed my boss over me cause he sounded more professional 😡

Your situation is what unemployment appeals are designed for. I've helped several people through this process. The key thing to understand is that in Washington, the burden of proof for misconduct is on the employer, not you. They must demonstrate that you deliberately violated a known policy or reasonable expectation. A few important points: 1. When filing your appeal, be factual and concise. Avoid emotional language. 2. Get a formal written statement from your coworker in addition to the texts. 3. Make notes about the exact incident - time, place, who was present, what was said. 4. Request your personnel file from your former employer immediately (you have a legal right to this). 5. Continue filing your weekly claims during the appeal process! During the hearing, stay calm and stick to facts. The Administrative Law Judge will ask both sides questions. Let your former employer speak first - they often contradict themselves or reveal inconsistencies.

the whole ESD system is RIGGED against workers!!! ive seen this happen to so many people where the employer just makes up stuff and ESD always believes them. good luck with your appeal but dont get your hopes up. the system is broken.

Hey there, I went through almost this exact situation last year and won my appeal. The most important thing I learned is that you need to understand the legal definition of "misconduct" for unemployment purposes - it's not just any reason an employer might fire you. In Washington, misconduct generally requires WILLFUL disregard of the employer's interest, repeated carelessness after warnings, or deliberate violation of reasonable rules. A single incident without prior warnings usually isn't enough unless it's something extremely serious (like theft or violence). My suggestions: 1. In your appeal, specifically state that this was a single incident with no prior warnings 2. Explain that you were actually trying to PROTECT the employer's interests by pointing out a food safety concern 3. Get your coworker to write a formal statement AND be willing to testify at your hearing 4. If your manager has a history of similar conflicts with other employees, try to document that Good luck! The appeal hearing is actually pretty straightforward - just be honest and stick to the facts.

Having trouble getting through to ESD on the phone to ask questions about your appeal? I was in the same boat last month trying to get answers about my own misconduct appeal. After days of calling and getting disconnected, I found a service called Claimyr that got me connected to an actual ESD agent in less than 30 minutes. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 showing how it works. It was seriously a lifesaver because I had specific questions about what evidence to submit for my appeal that weren't covered in the general instructions. Just go to claimyr.com if you need to talk to someone at ESD quickly.

Wait, doesn't your denial letter mention NRS 612.385? That's a Nevada statute (NRS = Nevada Revised Statutes). Are you in Nevada or Washington? Because this forum is for Washington ESD, and the appeal process might be different in Nevada...

To address your specific situation: make sure your appeal clearly states that you were actually following proper food safety protocols and were terminated for bringing up a legitimate concern. This transforms the narrative from "employee misconduct" to "retaliation for reporting safety issues" - which could potentially strengthen your case. A strong appeal should: 1. Begin with a clear statement that you disagree with the determination and why 2. Present your version of events chronologically and factually 3. Explain why your actions don't meet the legal definition of misconduct 4. Reference any supporting evidence (text messages, witness statements, clean work record) 5. Request a hearing Avoid getting emotional or including irrelevant details. Stick to facts that directly address the misconduct allegation. And as others have mentioned, absolutely keep filing your weekly claims during the appeal process!

One more thing - the hearing will likely be by phone due to ongoing COVID protocols. Make sure you're in a quiet place with good reception, have all your documents organized in front of you, and take notes during the employer's testimony so you can address any false statements. If you have a smart phone, I recommend using the speaker function and recording the hearing (just notify everyone at the beginning that you're recording). The Administrative Law Judge will ask you questions directly, so be prepared to clearly explain: 1. What happened on 12/15/24 in detail 2. Your prior work history and performance 3. Any policies or training related to food safety protocols 4. Why you believe the termination was unjustified Don't interrupt the employer or the judge, and don't get defensive even if the employer makes false statements. Just note them and address them when it's your turn to speak.

does anyone know if u get backpay for all the weeks during the appeal if u win? i'm in the same boat waiting for my appeal hearing and running out of money fast :/