ESD approved my claim after workplace harassment & constructive dismissal - employer appealing, help!
I'm in a panic right now and could use some advice on my unemployment situation. I was forced to resign from my job after reporting that a coworker physically assaulted me. My direct supervisor told me to keep quiet since there were no witnesses, but I emailed HR anyway. Instead of helping, they sent it to my boss's manager who put me on a secret performance improvement plan and pressured me to resign within a day. They claimed they "investigated" but found nothing. I tried getting union support but that went nowhere. After three months of being demoted to lesser duties, I finally resigned citing constructive dismissal. The weird part is HR contacted me THREE separate times afterward asking me to come back! I filed for unemployment and ESD approved my claim since I had reported illegal activity (workplace violence) and the employer failed to address it properly. But now my former employer is appealing, claiming they're "surprised" and don't know anything about illegal activity. I'm terrified about the upcoming hearing. What evidence should I prepare? Will my HR emails help? Has anyone won against an employer in an ESD appeal? My benefits are keeping me afloat right now and I'm scared to death of losing them.
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Ashley Simian
You have a strong case for constructive dismissal. For the appeal hearing, I'd recommend: 1. Print copies of ALL email communications with HR and management 2. Document the timeline from assault to resignation with specific dates 3. Get written statements from any coworkers who witnessed your demotion or changed duties 4. Prepare detailed notes about the original incident 5. Document the three attempts by HR to get you to return (this actually strengthens your case) The key is to show you had no reasonable choice but to resign. The fact that ESD already approved you means they believe your side. The burden is now on the employer to prove misconduct, which doesn't sound likely based on what you described.
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Miguel Harvey
•Thank you so much for this detailed response! I have most of the emails saved but I'm worried about the timeline. The incident happened in January, I was put on the PIP in February, and I didn't resign until April. Does the gap between events weaken my case? Also, I'm nervous about speaking during the hearing - is there a particular structure I should follow when explaining my situation to the judge?
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Oliver Cheng
ur situation sounds EXACTLY like what happened to my cousin last yr!!! her boss was total garbage too. she won her appeal cause she had all the emails saved showing how they treated her after she complained. SAVE EVERYTHING!!!! even text messages!!! the ESD judge actually called out her employer during the hearing for creating a hostile wrk environment. Don't let them intimidate u!!
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Miguel Harvey
•That's reassuring to hear your cousin won in a similar situation! Did she have a lawyer or represent herself? I'm trying to decide if I need legal help or if I can handle this on my own.
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Taylor To
I had my unemployment denied and then approved on appeal so I know how stressful this is. The hearing is intimidating but just stick to facts. When they asked me questions, I took my time answering even when I was nervous. The judge will give both sides time to speak. TBH the fact that they asked you to come back AFTER pushing you to resign is super fishy. Sounds like they realized they messed up and were trying to cover themselves. Make sure you mention that multiple times during the hearing!
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Miguel Harvey
•Thanks for sharing your experience! You're right about those return-to-work requests being strange. They pressured me to leave, then suddenly wanted me back after I finally resigned. I'll definitely emphasize that during the hearing.
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Ella Cofer
Have you tried calling ESD to ask what specific evidence they need from you for the appeal? I've been trying to get through to them for a completely different issue for WEEKS and it's impossible. Always busy signals or disconnects after waiting forever. It's so frustrating when you need actual help!!
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Kevin Bell
•I had the same problem trying to reach ESD about my adjudication! I finally used Claimyr (claimyr.com) and got through to an actual human in about 20 minutes. They have this video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Worth trying if you need to talk to someone before your appeal hearing - especially for something this important where you need to know exactly what to bring.
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Savannah Glover
Former HR manager here. Your case hinges on proving constructive dismissal, which means showing that your employer created conditions so intolerable that a reasonable person would feel compelled to resign. The fact that you were assaulted, reported it properly, then faced retaliation (secret PIP, demotion) creates a strong narrative. Key points to emphasize: - You followed proper channels by reporting to HR - The company failed to investigate properly - They retaliated with the sudden PIP after your complaint - You endured the situation for months before resigning - Their requests for you to return demonstrate their recognition that they mishandled the situation Bring a written statement that outlines these points chronologically. Appeal judges appreciate organization and clarity. They deal with many cases daily, so making your case easy to follow will help immensely.
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Miguel Harvey
•This is incredibly helpful, thank you! I didn't realize the fact that I stayed for months actually strengthens my case. I was worried it would look like I accepted the situation. I'll definitely create a clear timeline with all the events in chronological order.
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Felix Grigori
i had a simular situation except it was sexual harrasment not hitting. my appeal hearing was on the phone and the judge was relly fair. my old boss tried to lie about things but i had saved texts with dates and times. the thing that SAVED me was I wrote down EVERYTHING as it was happening with dates. do u have a journal or anything from when this all went down? that helps ALOT to show u didnt make this up later.
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Miguel Harvey
•I wish I had kept a journal! I do have some personal notes I took after meetings with my boss's manager, and I did send a few emails to my personal account summarizing what was happening. I'll gather those and organize them by date. Thanks for the suggestion and I'm glad your appeal worked out!
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Felicity Bud
Why would you think you deserve benefits when YOU resigned? No one forced you to quit. Sounds like you're just trying to game the system. If your workplace was so terrible, why did you wait THREE MONTHS to leave? And if you really were assaulted, why didn't you file a police report? Something doesn't add up here.
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Ashley Simian
•This comment shows a fundamental misunderstanding of constructive dismissal and how unemployment works. Washington State recognizes constructive dismissal as valid grounds for unemployment when an employer creates intolerable working conditions. The three month period actually strengthens OP's case by showing they tried to make it work despite the hostile environment. ESD already approved the claim, which means they found sufficient cause. Please don't spread misinformation that could discourage people from seeking benefits they're legally entitled to.
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Miguel Harvey
Update: I just received the appeal hearing notice. It's scheduled for next week via phone call! That's so soon! I'm gathering all my emails and documentation now. Does anyone know if I should send copies of my evidence to ESD before the hearing, or just have it ready to reference during the call?
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Savannah Glover
•You should definitely submit your evidence beforehand! The notice should include instructions for submitting documents. Typically you need to send them to both ESD and your former employer at least 24 hours before the hearing. This gives the judge time to review everything and prevents your employer from claiming they were blindsided by evidence. Number each document and create a simple index. During the hearing, you can then easily reference "Document 3" or "Exhibit A" which makes the process much smoother. Make sure to keep copies of everything for yourself to reference during the call.
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Ella Cofer
Make sure u record the hearing if they let u!!! My friend didn't and regretted it when the employer lied about stuff. Also be ready for them to twist things around and make it sound like you were a bad employee. They always do that. Stay calm even when they lie - the judges can usually tell who's being honest.
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Miguel Harvey
•That's good advice about staying calm. I tend to get emotional when recounting what happened, but I'll practice keeping my explanation factual. I'll check if recording is allowed - I hadn't thought of that!
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Oliver Cheng
dont 4get that the fact they tried to get u back THREE TIMES is super important!!!! it proves they didnt actually want u to quit and that ur performance wasnt bad. if ur performance was so bad they needed to PIP u, why would they beg u to come back?? makes no sense and the judge will see that!!
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Taylor To
•This is a really good point! Those attempts to get you back completely contradict their argument that you were a poor performer. Classic case of trying to have it both ways. Definitely highlight this contradiction during your hearing.
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