ESD approved my claim despite employer claiming 'misconduct' - Employer retaliation evidence worked!
Finally got some good news! Just received my determination letter from ESD and they APPROVED my claim despite my former employer trying to disqualify me for 'misconduct'! Here's what happened: I worked for a small medical clinic and the doctor (owner) asked me to check the clinic bank account because we were having cash flow issues. He personally logged me in, and we discovered his wife/co-owner was transferring thousands of dollars to herself. A week later, after asking her a basic question about ordering supplies, she fired me claiming I was 'combative' and had been 'aggressive toward coworkers on multiple occasions.' Total BS! In her ESD response, she made wild accusations about my behavior, even though I primarily worked remotely and was only in-office to process mail. I submitted statements from my coworkers (all still my friends) confirming they NEVER witnessed any aggressive behavior from me. I also mentioned in my response that I had an open L&I wage dispute because she'd been paying me salary below the minimum threshold. Just sharing in case anyone else is facing false misconduct claims - don't give up! Gather documentation and witness statements if possible.
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Keisha Jackson
Congratulations! This is actually a textbook case of employer retaliation, which ESD usually recognizes. When an employer fires someone shortly after they discover or report something potentially illegal (like financial impropriety), it raises immediate red flags. The timing between you seeing those bank transfers and suddenly being labeled as "combative" was probably what sealed the deal for ESD. Smart move getting statements from coworkers - that kind of third-party evidence is gold in these cases. Did ESD mention anything specific about why they ruled in your favor?
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QuantumQuasar
•Thanks! The determination letter mentioned that the employer failed to provide sufficient evidence of misconduct, and specifically noted the timing between the bank account incident and my termination raised concerns about potential retaliation. They also said my coworker statements directly contradicted the employer's claims. So relieved this worked out!
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Paolo Moretti
OMG this happened to me too!! Except my boss said I was stealing when I wasnt. I worked at a restaurant and he fired me saying I was stealing from the till but actually i think he was just mad I asked for a raise. My ESD claim has been stuck in adjudication for 3 weeks now. Did yours take a long time?? Im so stressed about paying rent
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Amina Diop
•If you're stuck in adjudication for over 3 weeks, you might want to try using Claimyr to get through to ESD directly. It helped me when my claim was stuck for almost a month. Basically it holds your place in line and calls you back when an agent is available. Got through in about 2 hours instead of spending days calling. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Definitely worth it for peace of mind.
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Oliver Weber
THE SYSTEM IS RIGGED AGAINST EMPLOYERS!!! Employees can steal, be aggressive, violate policies and still get benefits while honest business owners get screwed. I bet there's more to this story than you're sharing.
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Natasha Romanova
•Umm, did you even read the post? The doctor/owner ASKED her to look at the account, and she discovered the co-owner was essentially embezzling from the business. She was terminated for discovering financial misconduct, not committing it. And she had witness statements proving the employer's claims were false. This is a clear case of retaliation. I've seen this from both sides (managed a small business for years) and while some employees do try to game the system, plenty of employers make false misconduct claims to avoid UI tax increases.
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NebulaNinja
Thats awesome news! I'm in adjudication hell right now because my employer is claiming I voluntarily quit when they actually reduced my hours to zero (constructive dismissal). Been waiting 5 weeks for a determination and cant get through on the phone. I've got emails proving they took me off the schedule completely but I'm worried that's not enough. Any advice on how to make sure ESD actually reviews my evidence?
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Keisha Jackson
•Make sure you've uploaded all evidence to your eServices account under the "Upload Documents" section. Each document should be clearly labeled (e.g., "Email showing removal from schedule - dated 2/10/25"). Then call ESD directly and ask them to flag your documents for the adjudicator's attention. Constructive dismissal cases like yours usually get approved if you can show they essentially fired you by removing all your hours. If you can't get through on the phone, try calling right when they open at 8:00 AM or use a service that helps you get through the phone queue.
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Javier Gomez
so my question is do you get backpay for all those weeks they were investigating??? i've been waiting forever for my claim and im worried I won't get paid for the weeks i've been filing while in adjudication
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QuantumQuasar
•Yes, I did receive backpay for all the weeks I was in adjudication! As long as you've been filing your weekly claims consistently during the waiting period, you should get all that money once approved. It took about 3 business days after the determination for the payments to hit my account.
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Natasha Romanova
This is why documentation is so crucial with ESD claims. In my experience as a former HR manager, ESD tends to side with employees in potential retaliation cases, especially when there's a clear timeline showing negative action after the employee discovered or reported something problematic. The fact that you had coworker statements was excellent strategy. For anyone reading this with similar issues - always gather: 1) Timeline of events, 2) Witness statements, 3) Any relevant emails/texts, 4) Performance reviews showing good work history. The L&I wage dispute likely also helped show a pattern of problematic behavior from the employer.
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QuantumQuasar
•Thank you for that insight! I wasn't sure if mentioning the L&I case was a good idea, but it does show a pattern. My performance reviews were all excellent too, which made their sudden claims about my behavior even less believable. The timeline definitely seemed important in the determination - they specifically mentioned the suspicious timing.
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Amina Diop
What a relief! Just a heads-up - keep checking your ESD account regularly for the next few months. I've seen cases where employers appeal the determination even after initially losing. The appeal window is 30 days, so you're not entirely in the clear until that passes. Make sure to save all your documentation just in case.
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QuantumQuasar
•Oh! I didn't realize they could still appeal. Thanks for the warning - I'll definitely keep an eye on my account and save everything. Do I need to do anything specific to prepare in case they appeal? Would I need to attend a hearing or something?
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Amina Diop
•If they appeal, you'll get a notice about an OAH (Office of Administrative Hearings) hearing, usually conducted by phone. You'll want to prepare by: 1) Organizing all documents chronologically, 2) Having your witness statements ready, 3) Preparing a clear, factual timeline to present. Make sure any witnesses can be available for the call. The hearing is like an informal court proceeding with a judge, but don't stress - just stick to the facts and you'll be fine since you have good documentation.
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