ESD adjudication dragging on - can employer appeal after decision?

Yes, your employer can definitely appeal if ESD decides in your favor. They have 30 days from the date of the determination to file an appeal. If they do appeal, you'll receive a notice and the case would go to the Office of Administrative Hearings (OAH) for a hearing with an Administrative Law Judge. As for your timeline, in my experience adjudication decisions usually come within 7-10 business days after that final call. So you might hear something by early next week. Keep checking your eServices account daily - sometimes they don't send an email when they update your status.

my boss tried 2 appeal my case last yr, but they missed the deadline LOL. ESD is actually pretty good about sticking to the rules. if ur employer doesn't have evidence of misconduct ur probably ok. but yeah they can appeal if they want

I went through something very similar in January 2025. In my case, there was about a 9 day gap between my final interview with the adjudicator and when the decision posted to my account. A few things to know: 1. Yes, your employer absolutely can appeal an approval decision. They have 30 days to do so. 2. If they do appeal, you'll receive a packet of information about the hearing process. OAH hearings are currently being scheduled about 6-8 weeks out from appeal filing. 3. While the appeal is pending, you should still be able to receive benefits if the initial determination was in your favor, but you'll need to continue filing weekly claims. 4. The burden of proof for misconduct is on the employer. They need to provide specific evidence that you violated company policy or deliberately acted against their interests. 5. For the hearing, gather any documentation that supports your case - performance reviews, communication about the layoff, witness statements from coworkers, etc. Hang in there! The adjudication process is frustrating, but they're generally fair in their decisions.

I've been waiting 11 WEEKS in adjudication and still nothing!!!! This system is completely broken. They ask for the same info over and over and then disappear for weeks. Meanwhile bills pile up and we're supposed to just wait patiently? It's ridiculous!

is it normal for ESD to ask for the same info twice? they made me explain my seperation from work 3 different ways and im confused why they need so many explinations??

In my experience (I've been through the unemployment process twice in Washington), ESD typically takes 7-10 business days after the final fact-finding interview to issue a determination. If they called you on Wednesday the 13th, you might not see a decision until tomorrow or early next week. Regarding the potential employer appeal - yes, they can appeal, but in my case, my former employer didn't bother. Most companies recognize that fighting unemployment claims costs them time and resources, so unless they have a very strong case for misconduct or there's a lot of money at stake, many don't pursue appeals. If your employer does appeal, don't panic. The hearing is your opportunity to present your side with evidence. As long as you were truly laid off as part of cost-cutting measures and have any documentation supporting that (emails, severance paperwork, evidence that others were let go at the same time), you stand a good chance of prevailing. In the meantime, make sure you're still filing your weekly claims even while in adjudication!

Sometimes adjudicators are just slow! My neighbor works for ESD and says they're still understaffed from all those retirements last year. Good luck!!

did u respond to all the fact finding questionaires in your eservices account? sometimes they add new ones and dont tell u

When I was stuck waiting for an adjudication decision, calling ESD directly helped speed things up. But good luck actually getting through to them! I spent days trying to call before using Claimyr (claimyr.com) to connect with an agent. They have a video demo (https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3) that shows how it works. The service connected me to an ESD rep who could see exactly where my claim was stuck and got it moving again. Regarding your employer appeal question - yes, they can appeal, but they need to have valid grounds (proving actual misconduct), not just disagreeing with ESD's decision. I went through an appeal hearing last year, and it was intimidating but fair. The Administrative Law Judge was very thorough in reviewing all evidence.

One last bit of advice - document EVERYTHING. If your claim is approved and your employer appeals, you'll want copies of all communications, especially anything that contradicts what they might claim about your separation. Also, if you do end up with an OAH hearing, prepare thoroughly. Review all the documentation they send you beforehand, write out your key points, and be ready to clearly explain your side. The hearings are relatively formal but fair - the judges want to get to the truth. And a positive note: in my observation, ESD's initial determinations are upheld in the majority of appeal cases, especially when they've done a thorough adjudication process like they seem to be doing in your case.