Denied after 7 weeks in ESD adjudication - can I get backpay if I find work before appeal approval?
So frustrated right now. I've been stuck in adjudication for 7 WEEKS only to get denied yesterday! I had to leave my construction job after my project manager kept changing my schedule last minute (like texting at 11pm to come in at 5am instead of 8am). They said I voluntarily quit without good cause, but I literally couldn't keep working there with zero schedule stability. Anyway, I have a promising interview next week for a commercial electrician position, but I'm also filing an appeal for my unemployment denial. My question is: if I start this new job BEFORE my appeal gets decided and ESD eventually approves my claim, will I still get backpay for those 7 weeks I was in adjudication hell? Or am I just out those benefits entirely? Really need that money to catch up on bills that piled up during this whole mess.
18 comments


Madison Tipne
Yes, you can absolutely receive backpay for the weeks you were eligible and filed claims, even if you're employed by the time your appeal is approved. This is actually pretty common. Make sure you continue filing your weekly claims during the appeal process (reporting any earnings if you start working) until you get a decision. This preserves your right to those benefits if you win the appeal. Good luck with the job interview and your appeal!
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Finley Garrett
•Thank you! I wasn't sure if I should keep filing once I start working. So I should keep filing and just report my new income? Will that mess anything up with my new employer?
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Holly Lascelles
they're gonna deny ur appeal too, those jerks alaways do. i had the EXACT same situation last year where my boss kept changing my hrs with no notice and esd said thats not good enuff reason to quit. they dont care about workers AT ALL. i appealed and waited like 2.5 months for a hearing and they still denied it. complete waste of time.
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Malia Ponder
•Not necessarily true - I appealed a similar situation and won. The key is documentation. OP needs to bring texts/emails showing the last-minute schedule changes and explain how it made maintaining employment impossible. Also should reference WAC 192-150-120 about unreasonable employer scheduling policies. The law specifically mentions significant schedule changes as potential good cause.
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Kyle Wallace
I went through this exact process last year. Here's what you need to know: 1. Keep filing weekly claims until your appeal is decided (even after starting a new job) 2. Report ANY work/earnings accurately on those weekly claims 3. If you win your appeal, ESD will automatically calculate backpay for eligible weeks 4. If you have earnings during any of those weeks, they'll reduce your benefit accordingly The key thing is to keep filing those weekly claims and tracking everything carefully. If you stop filing, you lose eligibility for those weeks regardless of your appeal outcome. Also, be super prepared for your appeal hearing. Bring documentation of the erratic scheduling, any texts/emails about schedule changes, and emphasize how it made continued employment unreasonable.
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Finley Garrett
•This is incredibly helpful! Do you know how long the appeal process typically takes? I'm worried about waiting months for a resolution.
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Ryder Ross
Have you tried calling ESD directly to ask about this? Sometimes the reps can give you better info about your specific case than random people online.
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Finley Garrett
•I've tried calling like 20 times over the past week. Either I get disconnected right away or sit on hold for an hour+ only to get disconnected. It's maddening!
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Madison Tipne
Since you're having trouble reaching ESD by phone (totally common problem), you might want to try Claimyr (claimyr.com). They have a service that helps you get through to an actual ESD agent without the endless hold times. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. I used them when I was having similar issues reaching someone about my adjudication, and it saved me hours of frustration.
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Finley Garrett
•Thanks for the tip! I'll check it out. At this point I'd try anything to actually talk to a real person about my claim.
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Gianni Serpent
this happened to my cousin too! he got a job while waiting for appeal and still got all his back money when he won. but it took like 3 months for the whole process so dont count on that money coming fast lol
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Finley Garrett
•3 months?! Ugh. Good to know he eventually got paid though.
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Henry Delgado
BTW make sure when you file your appeal that you specifically mention the "good cause" part of leaving your job. The fact that they kept changing your schedule with no notice is ACTUALLY covered under WA unemployment rules as good cause, but you need to spell it out super clearly. I'd even cite the specific rule about unreasonable schedule changes if you can find it - that really helped with my appeal.
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Finley Garrett
•I didn't know there was a specific rule about schedule changes! I'll definitely look that up and include it in my appeal. Thank you!
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Malia Ponder
One thing that really helped my appeal was having a clear timeline of events. I'd recommend writing down exactly when these schedule changes happened, how much notice you were given, how it affected you (missed appointments, childcare issues, etc). Having specific examples rather than general complaints makes a huge difference to the judge. Also, if you had any conversations with your supervisor trying to resolve the issue before quitting, document those too.
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Holly Lascelles
•waste of time. the judges r all on ESDs side no matter what
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Finley Garrett
UPDATE: I got through to ESD finally! The agent confirmed that yes, I can get backpay for the weeks I was waiting in adjudication IF my appeal is successful. She also said I should definitely keep filing weekly claims until the appeal is decided (even after I start working) and just report any new income accurately. She said the appeal is likely to take 6-8 weeks, which isn't great but at least I know now. Thanks everyone for your help!
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Kyle Wallace
•That's excellent news! Glad you got confirmation. Make sure to keep all your documentation organized for the appeal hearing. And congrats on the job prospect - hope it works out!
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