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Dmitry Smirnov

ESD adjudication for termination with 'just cause' - 6+ weeks & counting?

I got fired back in January for what my employer claimed was 'just cause' (attendance issues - though I had documented medical reasons they ignored). Filed for unemployment immediately and my claim has been stuck in adjudication for over 6 weeks now. Finally managed to get through to ESD today after sitting on hold for 2.5 HOURS, only to have the agent tell me 'there is no estimated wait time and that they're still catching up from the pandemic.' Are you kidding me? It's 2025! Anyone else dealing with termination for 'just cause' right now? How long did your adjudication take? I'm about to miss my third rent payment and feeling desperate.

Unfortunately, 'just cause' terminations often take longer to process because ESD has to thoroughly investigate both sides. In your case, they'll need to review your medical documentation and your employer's attendance policy. My neighbor went through something similar (fired for alleged policy violation) and his adjudication took almost 8 weeks before being approved. The key is making sure you've submitted ALL your medical documentation through your eServices account. Did the agent say if they've already contacted your employer?

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Thanks for the reply. The agent couldn't tell me if they've contacted my employer yet, just that 'the adjudicator will reach out when they need more information.' I've uploaded all my doctor's notes and FMLA paperwork to my eServices account already. 8 weeks sounds unbearable but at least gives me a realistic timeline. Did your neighbor get backpay for all those weeks once approved?

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my claim took 9 weeks after i got fired for 'attendance' too!! its ridiculous but hang in there. make SURE ur still filing ur weekly claims even tho u arent getting paid yet!!!

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Yes, I've been filing every week religiously. Thanks for the encouragement - 9 weeks is rough but at least you eventually got approved. Did you have to do anything special to push it through or did it just randomly get processed one day?

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I CANNOT BELIEVE they're still using the pandemic as an excuse in 2025!!! That's absolutely ridiculous. I was fired in November for "performance issues" (complete BS, my manager just didn't like me) and my claim took 11 WEEKS to get through adjudication. The system is designed to make people give up. Keep calling EVERY DAY - that's what finally worked for me. The squeaky wheel gets the grease with these people.

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calling every day doesn't actually help tho... the phone agents can't speed up adjudication. they just note your account which doesn't really do anything

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Have you tried using Claimyr to get through to an ESD agent faster? I was in the same situation (fired for "policy violation") and was getting nowhere with regular calls. Claimyr connected me to an agent in about 15 minutes instead of hours on hold. The agent I spoke with actually looked into my case and found it was missing some employer documentation, so they were able to flag it for the adjudicator. Might be worth trying - their site is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. My claim was approved about a week after that call.

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I've never heard of Claimyr before. Does it actually work? I'm desperate enough to try anything at this point. I'll check out that video. Did you have to provide any additional documentation when you finally reached someone?

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It definitely worked for me. The key was getting to speak with an agent who could actually look at my file and see what was causing the delay. In my case, they were waiting for my employer to respond to their questionnaire. The agent flagged my file for follow-up since my employer had exceeded the response timeframe. My claim moved forward after that.

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As someone who has helped many people through the unemployment process, here's what's happening with your claim: When there's a separation due to alleged misconduct (which is what "just cause" often implies), both you and your employer must provide statements. The adjudicator then has to evaluate whether the termination meets the legal standard for misconduct under Washington law. The medical documentation you provided is crucial because it may establish that your attendance issues were not misconduct, but rather protected absences. Here's what you should do: 1. Continue filing weekly claims as others mentioned 2. Check your eServices account daily for any new correspondence 3. If you haven't already, submit a detailed written statement explaining how your absences were medically necessary 4. Request an expedite based on financial hardship if you're facing eviction Regarding timeframes, the current processing time for misconduct cases is averaging 7-9 weeks. This is longer than the standard 3-4 weeks for regular claims, unfortunately.

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Thank you for such a detailed explanation! I haven't submitted a separate written statement explaining the medical absences - I just uploaded the doctor's notes. I'll definitely do that today. I didn't know I could request an expedite for financial hardship either. Is there a specific form for that or do I just call and request it?

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There isn't a specific form for hardship expedites, but you should call and specifically tell the agent you're requesting a hardship expedite due to imminent eviction. Be prepared to provide documentation if they request it. For your written statement, be very specific about which absences corresponded to which medical documentation, and include dates. Adjudicators need to see the direct connection between your documentation and the attendance issues cited in your termination.

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My sister's boyfriend's claim took 12 weeks! It's completely insane. And then they backdated his payments when he got approved but he had already taken out payday loans with crazy interest to cover bills... so he still ended up in a hole. The whole system feels designed to crush people when they're already down.

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my adjudication was only 4 weeks for a just cause firing but that was back in october. heard its gotten worse since then tho. good luck!

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4 weeks sounds like a dream compared to what I'm dealing with! Did you do anything special to get it processed that quickly?

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nothing special, think i just got lucky with timing honestly. my ex-boss also didnt fight it which probably helped a lot

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One important thing to note: "just cause" in the employer's mind doesn't necessarily equal "misconduct" in ESD's determination. This is actually good news for you. Under Washington unemployment law, simple attendance issues typically don't rise to the level of misconduct unless they involve deliberate violation of known policies after warnings. If your absences were for medical reasons, even if your employer didn't accept them at the time, ESD likely will. This is why thorough documentation is so crucial. When the adjudicator reviews your case, they're looking at whether your actions meet the legal definition of misconduct, not whether your employer felt justified in firing you. In the meantime, have you contacted your local WorkSource office? They sometimes can help with emergency resources while you're waiting for unemployment benefits.

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That's really helpful context, thank you. I've had a pit in my stomach thinking ESD would automatically side with my employer. I haven't contacted WorkSource yet - I'll do that tomorrow. At this point I need all the help I can get.

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btw did u appeal ur termination with ur company before filing for unemployment? that can speed things up somtimes cuz it shows u tried to resolve it first

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I did attempt to appeal through HR but was told the decision was final. I have the email correspondence showing I tried though - should I upload that to my eServices account too?

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Yes, absolutely upload that email correspondence to your eServices account. Any documentation showing you attempted to resolve the situation through proper channels helps demonstrate good faith on your part.

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