ESD denied benefits claiming I 'quit' but I'm actually on suspension - employer lying?

apply for reconsideration RIGHT AWAY. dont wait. you only have like 30 days from that determination letter to file it. happened to my sister last month. her boss claimed she was fired for misconduct but she was actually laid off. its surprisingly common.

Oh my gosh, I'm dealing with literally the EXACT same situation right now!!! My company put me on "administrative leave" in January, then told ESD I quit when I filed for benefits. It's absolutely infuriating! Did you save any emails or documents from when they suspended you? Anything showing you were suspended and not quitting will be GOLD for your appeal. Also, are they still paying for your benefits like health insurance? If yes, that's another proof you didn't quit (employers don't usually keep paying benefits for people who quit).

ESD adjudicator here. This is a fairly common issue, and you absolutely should appeal this determination immediately. You have 30 days from the date on the determination letter (not from when you received it) to file your appeal. For your appeal, you'll need to provide evidence that you were suspended rather than having quit. Useful evidence includes: 1. Any written communication about your suspension 2. Evidence of continued benefits enrollment 3. Any communication where you asked about returning to work 4. Witness statements from coworkers (if applicable) 5. Time cards or schedules showing you were removed from the schedule The burden of proof in quit cases falls on the employer. They must demonstrate that you voluntarily left employment. In a hearing, they would need to provide evidence of your resignation, which you state doesn't exist. File your appeal online through your eServices account or by mail using the appeal information included with your determination letter.

Yes, absolutely continue filing your weekly claims while your appeal is pending. If you win your appeal, you'll only be paid for weeks that you properly filed a claim. Missing weeks can't be recovered later, even if your appeal is successful.

LMAO the system is rigged against workers man. My manager did something similar except they told ESD I was fired for misconduct when actually I was laid off with 15 other people. These companies have teams of HR people who know exactly how to game the system to avoid their UI taxes going up. And we're supposed to fight this alone?? Such BS

I went thru this last year! My employer said I quit but I was actually told not to come back until they "figured things out" which never happened. For your appeal make sure you have: - The suspension notice - Any texts/emails about when you could come back - Phone records if they called you about the suspension - Any witness statements Mine took foreverrrrr to resolve and I couldn't get anyone on the phone at ESD for weeks.

Yes I did win but it took 8 weeks! They eventually ruled my "suspension" was actually a termination and I got all my back benefits in one big payment. Be prepared to wait tho, its so stressful.

If you're struggling to get through to ESD about your appeal (which you absolutely should file ASAP), I found a service called Claimyr that got me through to an actual ESD agent in about 25 minutes when I was dealing with my appeal last month. Normally I'd be on hold for hours or just get disconnected. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. It was honestly a lifesaver for getting my appeal information straightened out quickly rather than waiting weeks for email responses.

I've handled several unemployment appeals for clients in similar situations. Here's my advice: 1. File your appeal immediately through eServices or by mail 2. Document EVERYTHING that shows you didn't quit 3. Request a copy of your employer's response to ESD through a records request 4. Continue filing weekly claims without interruption 5. If you have an appeal hearing scheduled, prepare thoroughly In Washington, if you're suspended indefinitely without pay, that's often considered a "constructive discharge" - meaning you didn't quit, but the employer effectively terminated your employment by suspending you without a return date. Don't panic - ESD appeals are decided based on evidence, and if your employer has no proof you quit, you have a strong case.

Yes, you can request your claim file by submitting a public records request to ESD. Go to esd.wa.gov, search for "public records request" and fill out the form. Specify that you want all documents related to your claim, including employer statements. It may take a few weeks, but you'll get copies of everything your employer submitted.

yeah my sister won her appeal but it took 2 months and was super stressful. she had to have a phone hearing and everything. the judge person asked the employer to provide proof she was fired for misconduct and they couldnt show anything so she won. but ya gotta stay on top of it and keep filing claims every week.

Thank you everyone for the helpful advice! I submitted my appeal this morning through eServices and uploaded the suspension email, texts asking about return date, and proof my benefits are still active. I'll keep filing weekly claims and try to stay patient through this process. It helps knowing others have gone through this and won their appeals.