ESD denied benefits after employer lied about termination reason - help with appeal hearing?

I went through almost exactly this last year. First, don't panic - the OAH judges are pretty good at spotting dishonest employer claims. You need to gather: 1) Any termination paperwork showing the original reason 2) Those text messages you mentioned 3) Performance reviews showing you were in good standing 4) Any emails/documentation about the inventory falsification they wanted you to do. \n\nThe hearing is formal but not like court - you'll get a chance to tell your side. Be specific about dates and facts. The judge will ask questions to both sides. If they have no actual evidence of theft (writeups, investigation reports, etc.), their case is weak. Don't interrupt when they're speaking, even when they lie. Just note it and address it when it's your turn.

Thank you so much for the detailed advice! I do have my termination letter which only mentions \

this happened to my brother in law last year and it was a NIGHTMARE. his boss said he was fired for attendance but really it was cuz they hired the managers nephew. ESD believed the employer at first but he won on appeal. the whole process took like 2.5 months tho and he almost got evicted waiting for it to get fixed. good luck!!!

That's so frustrating! I'm glad your brother-in-law eventually won. Did he hire a lawyer or represent himself? I'm worried about the bills piling up while waiting for the appeal too...

I represent clients in ESD appeals. Here's what you need to know: Washington is an at-will employment state, but that doesn't mean employers can make up misconduct to block UI benefits. Burden of proof is on THEM to prove misconduct, not on you to disprove it. Theft accusations require substantial evidence.\n\nFor your hearing:\n1. Make a timeline of events\n2. Have 3 copies of all documents (one for you, judge, employer)\n3. Prepare questions for the employer: What evidence do they have of theft? Who investigated? Were police called? Why wasn't this mentioned in termination paperwork?\n4. Practice your testimony - be concise and factual\n5. Always address the judge as \

This is incredibly helpful. I've started making a timeline already. One question - they're claiming $240 was missing over 3 shifts I worked, but they never did an investigation or questioned me about it until now (4 months later). Is that suspicious timing I should point out?

Did they show any prof of you stealing?? Employers pull this crap ALL THE TIME hoping people just give up. DONT GIVE UP! My cousin works at ESD and says they cant just say \

You make a great point about documentation. The employer needs to show they followed their own policies regarding theft accusations. If they claim a drawer was short, they should have register reports, witness statements, and documentation of an investigation. If they suddenly \

Try Claimyr if you need to talk to someone at ESD before your hearing. I was in a similar situation (employer claimed I was fired for poor performance when they actually eliminated my position). Spent days trying to reach someone at ESD to understand the appeal process. Claimyr got me through to an actual person in about 20 minutes. They explained exactly what documents I needed and how the hearing would work. Totally worth it - claimyr.com. They have a video demo here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 so you can see how it works.

does this actually work?? i tried calling esd like 30 times last month and either got hung up on or stuck on hold forever

I feel your frustration! My former employer tried something similar (claiming I was fired for \

Thank you for the emotional support and practical advice. I tend to get flustered when upset, so I'll definitely write things down instead of interrupting. Did you need to submit your evidence before the hearing or just bring it with you?

Just went through this exact thing!!! They will ask both of you questions separately. Have all your documentation in order by date (super important). My employer claimed misconduct for \

That's really good to know about witnesses! My assistant manager might be willing to testify that there was never any investigation into theft. She still works there though, so I'm not sure if she'd risk her job. How did the witness testimony work? Did they have to be there in person?

Remember too - the judge will look at whether the employer followed their own policies. If they have a policy about register shortages that requires immediate documentation, investigation, and employee notification, but they didn't do any of that and suddenly claim

Yes! This is an excellent point. My sister is an HR manager (not in my case thankfully lol) and she says one of the biggest mistakes employers make is not following their own documented procedures when it comes to termination. If the company has a progressive discipline policy but didn't give warnings, write-ups, etc., the judge will question why they deviated from their normal process.

One more thing: before your hearing, call ESD and request your full claim file. You are entitled to see all documents and employer statements in your case. This will show exactly what your employer is claiming and what \

Thank you! I didn't know I could request my claim file. I'll definitely do that ASAP. I'm still so angry they'd accuse me of theft when I've never stolen anything in my life. I worked there for 3 years with perfect drawer counts until this inventory issue came up and I refused to go along with their sketchy requests.

I'm so sorry you're dealing with this stress - false accusations are incredibly damaging and traumatic. As someone who's been through a similar appeal, I want to emphasize that your 3-year track record of perfect drawer counts is actually huge evidence in your favor. Make sure to get documentation of your employment history, any performance reviews, and especially any records showing you had no prior issues with cash handling. The fact that they're making this accusation 4+ months after termination, with no investigation at the time, and completely contradicting their original "business decision" reason is going to look very suspicious to the judge. Document everything about the inventory falsification pressure too - that shows a clear motive for retaliation. You've got this! The truth has a way of coming out in these hearings, especially when employers can't provide actual evidence to back up their claims.