ESD basing disqualification on recent job instead of job with qualifying hours - help!

This is actually a common misunderstanding about how ESD determines eligibility. Even if most of your hours come from a previous employer, they have to consider the circumstances of your most recent separation. It's called the "last employer rule" and it's frustrating but it's how the system works. You definitely need to appeal this decision. When you file an appeal, you'll have an opportunity to explain your situation at a hearing. Make sure you have documentation showing you were laid off from the factory job and that the hours from that job make up most of your base year hours. The appeal deadline is 30 days from the date on your determination letter. Don't miss it!

omg same thing happened to me!!! worked at boeing for 4yrs, got laid off, worked at target for 2mo, got fired, then ESD was like "sorry misconduct = no $$$" like wtf????

You definitely need to appeal this determination. The misconduct disqualification can be overcome if you can show that: 1) Your separation from your primary employer (the factory) was qualifying (laid off = qualifying) 2) The work at the retail job was not suitable compared to your regular occupation 3) The retail job made up only a small percentage of your base year hours This is covered under RCW 50.20.050 and WAC 192-150. When you appeal, you'll get a hearing with an Administrative Law Judge from the Office of Administrative Hearings (OAH). Bring any documentation you have about your factory layoff and be prepared to explain why the retail job wasn't suitable work compared to your experience and training. In the meantime, KEEP FILING YOUR WEEKLY CLAIMS even while you're waiting for the appeal. If you win on appeal, they can only pay you for weeks you properly claimed.

UGH the ESD system is such BS sometimes! My cousin went thru this EXACT thing last year!!! They denied her too but she won her appeal. Took forever tho. Good luck!!!!

I went through this nightmare last year. Had to appeal and couldn't get anyone at ESD to answer questions while waiting. After trying to call for weeks and getting nowhere, I found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent explained exactly what I needed for my appeal and even noted some things in my file. Made a huge difference in my case. Still had to go through the appeal process, but at least I knew what I was doing.

The reason this rule exists is actually to prevent people from working a temporary job after being laid off, then intentionally getting fired to collect benefits. Not saying that's what you did AT ALL, but that's why the system is designed this way. The good news is that appeals for this specific situation have a decent success rate. Here's what worked for me: 1. Appeal within the 30-day deadline 2. Continue filing weekly claims (super important!) 3. Request all personnel records from both employers 4. Write a clear statement explaining that your qualifying hours came from the layoff 5. Document any issues with the retail job that made it unsuitable for your skills/background My hearing took about 45 days to get scheduled, and I got a decision 10 days after that. When I won, I received all my back benefits in one lump sum. Hang in there!

Not for nothin but why did you even TELL them about the retail job??? If you didnt work there long enough to qualify anyway you coulda just left it off your application. Thats what my brother did and he got approved no problem.

I just submitted my appeal online. Now the waiting game begins... thanks everyone for the advice. I'm still calling ESD every day hoping to get through to someone who can help speed things up. Will update when I have news.