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Ava Martinez

ESD denied UI claim for waiting too long after 25% hours reduction - time limit rules?

I'm really frustrated right now and hoping someone can help clarify ESD rules. My employer cut my hours by 25% back in January, promising it was temporary until we secured new business. Instead of quitting immediately, I stuck around for about 3 months helping develop proposals for potential clients (worked closely with our BD team on 5 different pitches). None of them panned out, so I eventually resigned to find full-time work elsewhere. When I applied for unemployment, ESD denied my claim stating I "waited too long after the hours reduction to file." This makes no sense to me! I was being a loyal employee trying to help the company recover while working reduced hours. Now I'm being penalized for not quitting immediately? I've searched everywhere on the ESD website but can't find any specific timeframe stating how quickly you must file after a hours reduction. Does anyone know if there's actually a time limit rule? Has anyone successfully appealed a similar situation? I'm considering filing an appeal but want to know if I have any grounds.

Miguel Castro

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sounds like u got the classic ESD runaround!! they always find some bs reason to deny claims. i had something similar happen when my boss cut my hours from 40 to 30 last year. they said i should've applied right away not after 6 weeks. ended up having to appeal and got denied AGAIN. whole system is rigged.

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Ava Martinez

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That's so discouraging to hear. Did they ever point to any specific regulation about the time limit during your appeal process? I'm wondering if this is just an arbitrary decision they make.

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The reason they denied you is because of what's called the "timely application" requirement. ESD considers a significant hours reduction as a qualifying event, but you're supposed to apply within a few weeks. When you wait 3+ months, they view it as you essentially accepting the reduced hours as your new normal employment situation. The tricky part is that they don't advertise this rule clearly on their website. It's buried in their administrative procedures. Your best shot is filing an appeal and explaining exactly what you did - that you were actively working with the company on solutions with a genuine expectation of returning to full hours. Also, technically your resignation might be considered a voluntary quit, but you could argue it was for "good cause" since the hours reduction became permanent. Be prepared to show documentation of the original reduction and any communication about it being temporary.

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Ava Martinez

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Thank you so much for this detailed explanation! I do have emails confirming the reduction was supposed to be temporary. Would requesting a hearing be better than just a written appeal? I'm worried they'll dismiss it without really considering my situation.

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Connor Byrne

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I had almost identical situation in 2024!!! Got my hours cut by 30% and boss promised it was just til end of quarter. Stayed on for about 10 weeks hoping things would improve. They didnt. When I finally quit and applied for UI, got denied for same reason - "waited too long after reduction" and also for "voluntary quit." I appealed and honestly the whole thing was a nightmare. Waited on hold for hours trying to talk to someone at ESD and never got through. Sent messages through eServices that went unanswered for weeks!!!

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Ava Martinez

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This sounds exactly like what I'm going through! Did you ever manage to get through to anyone? How did your appeal turn out in the end?

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Yara Elias

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The issue you're facing is related to two separate ESD policies: 1. For reduced hours claims, you're expected to file within a "reasonable time" after the reduction. While there's no specific deadline in days/weeks published on their website, their internal guidelines typically consider 4-6 weeks as reasonable. After 3 months, they consider you to have accepted the reduced schedule. 2. Your subsequent resignation creates a "voluntary quit" issue that requires "good cause" justification. Under WAC 192-150-120, a substantial reduction in hours/pay can qualify as good cause, but you must establish that you didn't accept the reduction by continuing to work under those conditions for an extended period. Your best course of action is to request a hearing with the Office of Administrative Hearings (OAH). Bring documentation showing: - The original reduction was presented as temporary - Evidence of your work on proposals to restore business - Any communications indicating when you realized the reduction would be permanent Make sure to file your appeal within 30 days of the denial notice! The appeal process has strict deadlines.

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Ava Martinez

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This is incredibly helpful - thank you for the specific regulation reference! I definitely have emails showing the reduction was supposed to be temporary. I'll get my appeal filed right away and gather all my documentation.

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QuantumQuasar

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I went through this exact same situation last year! After weeks of trying to get through to ESD on the phone with no luck, I finally used a service called Claimyr (claimyr.com) that got me connected to an ESD agent within about 25 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with was actually really helpful and explained that there's a presumption that after 4-6 weeks of continued employment at reduced hours, you've "accepted" the new employment terms. However, she also told me I could overcome this presumption by providing evidence that I remained employed with the understanding the reduction was temporary. In my case, I ended up winning my appeal by showing emails from my manager stating the hours reduction was expected to be temporary. Definitely request a hearing rather than just a written appeal - it makes a big difference!

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does that service actually work?? i've been trying to get ahold of ESD for like 2 weeks now and keep getting disconnected!

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Paolo Moretti

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u should definetly appeal!!! ESD denies like 70% of claims hoping people just give up. my cousin works there and says they have crazy quotas for processing claims so they just click deny for anything complicated that would take time to review properly. its total bs but thats how the system works unfortunately

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Yara Elias

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This is inaccurate information. ESD does not have denial quotas. Claims are evaluated based on eligibility requirements defined in Washington State law, specifically Title 50 RCW and the associated WACs. While the system isn't perfect, spreading misinformation doesn't help claimants navigate it effectively.

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One thing I haven't seen mentioned yet - when you file your appeal, make sure to specifically request to continue receiving benefits during the appeal process if you're otherwise eligible (like actively job searching and doing your weekly claims). Many people don't realize you can potentially get benefits while appealing if you request it specifically. Also, in your appeal statement, focus on these key points: 1. You continued working with the understanding the reduction was temporary 2. You actively participated in efforts to restore business (those proposals) 3. You only resigned when it became clear the reduction would be permanent ESD's guidelines do have some flexibility for "good faith" situations like yours, but you need to be very clear about the timeline and your reasoning.

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Ava Martinez

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Thank you for these specific suggestions! I'll definitely emphasize these points in my appeal. Quick question - should I continue filing weekly claims while I wait for my appeal hearing? I wasn't sure if I should bother since the initial claim was denied.

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Ava Martinez

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Thanks everyone for the helpful advice! I've started gathering all my documentation - found emails confirming the hours reduction was presented as temporary and evidence of the proposal work I was doing to try to bring in new business. I've submitted my appeal request and will continue filing weekly claims as suggested. I'll update this thread after my hearing to let you know how it goes!

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Miguel Castro

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good luck!! fight the system!! 💪

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