ESD claim held up after being fired for going to HR - need wrongful termination lawyer?

When you file for unemployment after being fired, ESD has to determine if you were fired for misconduct. Since your employer will likely claim performance issues and you're claiming retaliation, they need to investigate both sides. That's why you're in adjudication. It can take 4-6 weeks or even longer right now. Document EVERYTHING from your employment - performance reviews, any emails about the bullying you reported, the timing between your HR complaint and termination, etc. This documentation will help both your unemployment claim AND any potential wrongful termination case.

OH MY GOD I went thru the EXACT same thing last year!!! My boss was a NIGHTMARE and when I finally went to HR they started writing me up for every tiny thing until they had enough to fire me. ESD took FOREVER to make a decision - like almost 2 months!! I was freaking out about bills the whole time. But I DID eventually get approved because I could prove the timeline between my complaint and when the write-ups started. KEEP FILING YOUR WEEKLY CLAIMS even while waiting!!!!!

yeah definitely keep doing ur weekly claims. if u miss even 1 week it messes everything up.

For wrongful termination attorneys, I'd recommend checking the Washington State Bar Association's referral service. They can match you with an employment law specialist. Many offer free initial consultations. Just be aware that wrongful termination cases can take a long time, so the unemployment benefits are important to secure first. Regarding your ESD claim, adjudication is basically their investigation process. Your employer has 10 days to respond to ESD with their side of the story. Once they have both sides, an adjudicator makes a decision. If they're backed up, it can take 4-8 weeks. If you're determined eligible, you'll receive all back payments for the weeks you've claimed.

Getting through to ESD on the phone might help speed things up. I was stuck in adjudication for weeks and finally got someone on the phone who could see what was causing the delay. Have you tried calling them? It can be nearly impossible to get through on their main line though.

I used Claimyr to get through to ESD when I was stuck in adjudication for weeks - claimyr.com. They basically wait on hold for you and call you when an agent is about to pick up. Saved me hours of frustration. There's a demo video at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. I was skeptical but it worked for me - got through to someone who could actually explain what was happening with my claim and get things moving.

Consulted with an employment attorney when I went through something similar in 2024. They told me to make sure I'm doing these things: 1. Keep a detailed journal of everything that happened leading up to termination 2. Request your personnel file from your employer (it's your legal right in WA) 3. Save ALL communications - emails, texts, performance reviews 4. Don't sign anything from your employer without legal review 5. Don't post specifics on social media (including here!) Also, consulting with an attorney won't affect your unemployment claim. ESD is separate from any wrongful termination case you might pursue. The attorney consultation is just gathering information, not taking action that would interfere with job searching.

Also worth mentioning - make sure you're meeting the job search requirements (3 documented job search activities each week) while waiting for adjudication. If your claim is eventually approved, they'll check that you've been meeting these requirements for all the weeks you claimed. A common mistake is thinking you don't need to do job searches during adjudication.

my roomate got fired for something similar and she got denied benefits at first but then appealed and won. so even if they deny u dont give up

BTW I forgot to mention - if you're looking for a decent employment attorney, I used Rebecca Johnson at Workers Rights Law Group for a consultation. She explained everything clearly even tho I didn't end up needing to sue (since my unemployment got approved). But she didn't charge for the initial meeting which was really helpful when I was broke waiting for ESD!