ESD adjudication since Nov - employer claiming I quit when I was laid off
I'm in a really messy situation with my unemployment claim and could use some advice! I was laid off from my job at the end of October (just as the holiday season was starting, great timing right?). The complication is that I was working for someone I've known for years - thought we were friends. Now they're telling ESD that I QUIT instead of being laid off! Since we had a personal connection, I didn't get anything in writing about the layoff (huge mistake, I see that now). My claim has been stuck in adjudication since November 23rd, and I'm getting desperate. I've tried calling ESD probably 50+ times but can't get through to a real person. I've sent multiple messages through eServices with no response. Has anyone dealt with a similar "they said I quit but I was laid off" situation? What was the outcome? Did you eventually get benefits? I'm starting to panic about bills...
18 comments


Victoria Stark
Yes, I went through something similar last year. My claim was in adjudication for 6 weeks because my former employer claimed I was fired for misconduct when I was actually laid off due to budget cuts. Here's what worked for me: 1) Send a detailed message through eServices explaining EXACTLY what happened with dates, times, and any witnesses 2) Upload any evidence you have - text messages, emails, anything showing the layoff 3) Contact your state representative - seriously, this made a huge difference in my case 4) Keep filing your weekly claims without fail while waiting. In my case, they eventually ruled in my favor, but it took almost 8 weeks total to resolve.
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Hassan Khoury
•Thank you for the detailed advice! I have some texts where we discussed the layoff, but nothing super explicit. I'll definitely upload those. Never thought about contacting my state rep - that's a great idea. Did you just find them online and email them?
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Benjamin Kim
omg the SAME thing happened to me!!! my boss told everyone i quit but actually told me not to come back after i asked for time off for my moms surgery. adjudication took foreverrrr but i got approved in the end. just keep filing every week!
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Hassan Khoury
•That's awful but glad you eventually got approved! Did you have to do a phone interview with an adjudicator or did they just make a decision based on the info you provided?
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Samantha Howard
You're in what's called a "quit vs. discharge" dispute, which is one of the most common reasons claims go to adjudication. ESD has to determine who initiated the separation. Since you don't have documentation, here's what will happen: 1) An adjudicator will schedule fact-finding interviews with both you and your former employer 2) Both parties will present their version of events 3) ESD will make a determination based on preponderance of evidence DOCUMENT EVERYTHING. Write down exact dates, conversations, witnesses. If you have ANY texts, emails, or voicemails that suggest you were laid off, those will be crucial. Also, Washington is an "able and available" state, meaning you must prove you're actively seeking work each week (3 job search activities) regardless of your claim status.
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Hassan Khoury
•This is incredibly helpful information. I've been recording my job search activities every week. The frustrating part is I haven't even been contacted for a fact-finding interview yet! It's been over a month in adjudication. Is that normal?
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Megan D'Acosta
I had a similar thing happen and my claim was in adjudication for TWO MONTHS!! The system is completely broken. I kept filing every week thinking I would eventually get paid and then they denied me anyway saying I "voluntarily quit" which was total BS. Now I'm appealing and that's taking forever too. Good luck but don't count on that money coming anytime soon.
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Samantha Howard
•Appeals are handled by the Office of Administrative Hearings (OAH), not ESD directly. You should receive hearing information within 3-4 weeks of filing your appeal. Make sure to thoroughly prepare - many people win at the appeal stage with proper documentation and preparation. If you'd like guidance on how to prepare for an unemployment hearing, there are free resources through the Unemployment Law Project (unemploymentlawproject.org).
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Sarah Ali
I was stuck in adjudication for 9 weeks last year with a similar issue. I finally managed to get through to an ESD agent using Claimyr (claimyr.com). They got me connected to an ESD rep in about 20 minutes when I'd been trying for weeks on my own. The agent was able to expedite my adjudication by adding notes to my file and scheduling my fact-finding interview. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was honestly worth it just to finally talk to someone who could help.
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Hassan Khoury
•Thank you! I'm at my wit's end trying to get through to anyone at ESD. I'll check out that service. At this point I just need to talk to a human being who can tell me what's going on with my claim.
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Megan D'Acosta
•I tried calling over 100 times and got nowhere. Does this service actually work or is it just another way to waste money when you're already broke from not getting your benefits?
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Sarah Ali
•@profile8 It worked for me. I was skeptical too but I was desperate after trying for weeks. The call-back system actually connected me to an ESD agent who could see my claim details and help get things moving. Not saying it solves everything instantly, but at least I could talk to someone who could explain what was happening with my claim.
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Ryan Vasquez
Look, I hate to be the bearer of bad news, but without written documentation of your layoff, you're fighting an uphill battle. ESD almost always sides with the employer in these disputes unless you have solid evidence. I've seen this play out dozens of times - the burden of proof is on YOU to prove you were laid off, not on them to prove you quit. Your best shot is to write down EVERYTHING you can remember - exact conversations, dates, who was present, any witnesses who can verify you were laid off. If you have any indirect evidence (like texts where you mentioned being laid off and the employer didn't correct you), that can help. Also, did anyone else get laid off at the same time? Their testimony could be crucial. Be prepared for this to potentially go to appeal. If denied, you have 30 days to file an appeal for a hearing with an Administrative Law Judge.
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Avery Saint
•This isn't actually true. ESD doesn't automatically "side with employers." They make determinations based on the evidence presented by both parties. I've won several quit vs discharge cases with clients who had minimal documentation but could clearly articulate the circumstances of separation. The key is consistency and credibility in your statements.
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Ryan Vasquez
•Fair point. "Almost always sides with employers" was an overstatement. But in my experience with the system, when it's a direct contradiction between employer and employee versions with limited documentation, claimants face a tough battle. Not impossible, but definitely need to be thorough and consistent.
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Hassan Khoury
Update: I finally managed to get through to ESD! They said my adjudication is delayed because they haven't been able to reach my former employer for their side of the story. The agent scheduled me for a fact-finding interview next week. She also suggested I upload any text messages or emails that might help my case, which I've done now. Thanks everyone for your advice - fingers crossed this gets resolved soon!
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Victoria Stark
•Great news! For your fact-finding interview: 1) Be calm and stick to facts 2) Have notes ready with specific dates and details 3) Explain clearly why you believe it was a layoff not a quit 4) If asked why you didn't get documentation, just be honest about the friendship aspect. Good luck and let us know how it goes!
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Benjamin Kim
•fingers crossed for u!!! the interview is scary but just be honest. and if they rule against u, APPEAL!!! dont give up!
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