Do employers usually win Washington ESD unemployment appeals?

I have my termination letter but it's pretty vague. Just says 'violation of company policy' without specifics. Should I request my personnel file?

Yes definitely request your file ASAP. You're entitled to it in Washington and it might contain notes that help your case or prove their claims are bogus.

That's encouraging! Did you have a lawyer or represent yourself?

Represented myself. The hearing officer was actually pretty fair and asked good questions. Just stick to the facts.

Thanks, I'll look into that. I've been trying to call Washington ESD for days but keep getting disconnected.

Is that one of those paid services? I'm already broke waiting for my benefits.

Yeah there's a cost but honestly it saved me hours of calling and actually got me through to someone who could explain my situation.

That's really helpful to hear from the employer side! What kind of documentation do employers usually bring to these hearings?

We bring personnel files, policy documents, witness statements, any write-ups or disciplinary actions. But honestly if we don't have solid documentation proving willful misconduct, we usually lose.

This is why companies need to document everything properly when they fire people. Can't just say 'misconduct' and expect to win.

What would you do differently if you had to do it over?

I'd prepare better. Write down my timeline of events, gather all my documentation, and practice staying calm. Also should have challenged some of their 'facts' that were totally wrong.

My situation involved missing a deadline but it was because I never received proper training on the new system. Does that help my case?

That could definitely help! If you can show you weren't properly trained or given the tools to succeed, that goes against the 'willful misconduct' standard.

Yes! Lack of training is a good defense. I won my appeal partially because I could prove my manager never explained the policy they said I violated.

Did you appeal to the Board of Appeals? You can appeal the hearing officer's decision if you think they got it wrong.

yeah im working on that now but its another long process. so frustrating

Should I consider getting a lawyer for this? I'm worried about the cost but also scared of losing.

For most straightforward cases, you can represent yourself effectively if you prepare well. Lawyers are more helpful for complex situations or if there are credibility issues.

That's great advice! How long did the hearing take?

About 90 minutes total. The hearing officer asked both sides questions and let us present our evidence. Decision came about a week later.

How long does the whole appeals process take if you go all the way?

Can take several months unfortunately. Board of Appeals usually takes 6-8 weeks, court appeals even longer.

Good point! I missed my first hearing because I was scared and automatically lost. Had to appeal to get another chance.

I definitely plan to show up. This thread has given me a lot more confidence that I have a fighting chance.

What's the difference exactly?

Gross misconduct is stuff like theft, violence, or criminal activity. Regular misconduct is more like policy violations or performance issues. Much harder for employers to prove regular misconduct.

I have a couple coworkers who might be willing to help, but they're worried about retaliation from our former employer.

Understandable concern. You can also submit written statements from them if they can't appear in person.

I'm definitely going to check that out. Getting real information from Washington ESD has been nearly impossible.

Same experience here. Called Washington ESD probably 50 times before giving up and using a callback service.

Good reminder! Also if you have any disabilities that might affect the hearing, you can request accommodations.

Thank you everyone for all the advice and encouragement. I feel much better prepared now and actually optimistic about my chances.

Good luck! Come back and let us know how it goes. Your experience might help someone else in the same situation.

This whole thread has been incredibly helpful! I'm dealing with a similar situation where my employer is claiming I violated attendance policy, but they never gave me written warnings or followed their own progressive discipline procedure. Reading everyone's experiences gives me hope that Washington ESD will actually look at the facts objectively.

@Nina Chan That s'actually a really strong point in your favor! If they didn t'follow their own progressive discipline policy, that seriously undermines their misconduct claim. Washington ESD looks at whether the employer followed their established procedures, and skipping steps in their own policy can be a major weakness in their case. Make sure you get a copy of their employee handbook to show what the proper process should have been.

@Nina Chan That s'exactly what happened to me! My employer tried to claim I had attendance issues but couldn t'produce any written warnings or documentation of following their progressive discipline policy. The hearing officer asked them directly about it and they had no good answer. I ended up winning my appeal partly because of that. Make sure you have a copy of their employee handbook and point out every step they skipped in their own process.