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ESD denied claim after quitting due to bereavement discrimination - too late to appeal?

I'm in a really tough spot and could use some advice from anyone who's been through something similar. I quit my job in October 2023 after what I felt was disrespectful treatment during multiple family losses. I had bereavement leave approved (but only paid for one day) when my grandfather passed in early 2023, then again when my father died in July. When my other grandfather died in October, I requested time off to attend the funeral - even said I'd take it unpaid - and my manager made a really inappropriate comment asking "how many more bereavements are you going to request?" I was devastated and quit that same day. Weirdly, they approved my bereavement request the next day, then terminated me officially the day after that. I didn't apply for unemployment until March 2024 because my wife was hospitalized for almost 2 months and I was focused on her care. ESD asked for documentation but I missed their deadline while dealing with my wife's medical situation. They denied my claim and I'm still unemployed despite applying to jobs constantly. Do I have any options to appeal this decision now? Can I explain the delay in both applying and responding to their documentation request? Any advice would be so appreciated.

CyberNinja

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That manager sounds like a complete jerk! So sorry for all your losses. Unfortunately ESD is really strict about their deadlines and documentation. Did they send you an official denial letter? It should tell you how many days you have to appeal - usually only 30 days though. You could try calling them and explaining about your wife's hospitalization, but honestly they're really hard to reach by phone.

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Nia Johnson

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Yes, I got the denial letter about 2 weeks ago. It did mention an appeal process but I think the 30 days might already be running out. I've tried calling ESD 15+ times but either get disconnected or wait on hold forever without getting through. It's so frustrating!

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Mateo Lopez

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you should have applied RIGHT AWAY after quitting!! waiting till march was a huge mistake man. ESD looks at that gap and thinks ur not serious about working. also for quitting u need TONS of documentation proving u had good reason... did u save texts or emails about the bereavement stuff??

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Nia Johnson

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I know, looking back I should have applied immediately. My head wasn't in the right place with everything happening. I do have some emails about the bereavement requests and approvals, and texts with coworkers where I mentioned what the manager said, but nothing directly documenting his comment since it was in person.

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The best thing you can do now is file an appeal IMMEDIATELY even if you think you might be past the deadline. Sometimes they'll still consider it, especially with extenuating circumstances like your wife's hospitalization. Make sure to include hospital documentation showing the dates she was there. The key for quitting cases is proving that you had "good cause" to quit which the bereavement discrimination could qualify as, but you'll need to make a strong case and provide as much supporting evidence as possible. In your appeal, be very clear and specific about the timeline of events.

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Nia Johnson

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Thank you! I'll file the appeal today and gather all the medical documentation for my wife's hospital stay. I really appreciate the advice. Should I also try to get statements from former coworkers who might have witnessed how the manager treated me?

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Ethan Davis

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As someone who's been through the appeal process, I strongly recommend using Claimyr to get through to an actual ESD agent before filing your appeal. When I was in a similar situation (though different circumstances), I wasted weeks trying to reach someone. A friend told me about claimyr.com - you can see how it works in this video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. They get you through to an ESD agent usually within a couple hours rather than days of trying. The agent I spoke with gave me exact instructions on what to include in my appeal which made a huge difference. Worth getting guidance from an actual ESD person before submitting anything.

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Nia Johnson

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Thank you for the suggestion! I hadn't heard of this service before. It would be great to actually talk to someone at ESD before submitting my appeal. I'll check out that video and see if this might help my situation.

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Yuki Tanaka

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I'm sorry about your situation - ESD can be extremely frustrating to deal with. One important thing to understand: for voluntary quits, Washington requires you to prove you had "good cause" to leave your job. While the manager's comment was definitely inappropriate, ESD typically expects that you attempted to resolve the issue through your employer's HR department or through proper channels before quitting. Did you speak with HR or file any kind of complaint about the manager's behavior before leaving?

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Nia Johnson

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That's a really good point and probably part of why they denied my claim. It was a small company with no real HR department - the manager was actually the owner's son. I didn't file a formal complaint because there wasn't really a process for that. Would explaining that in my appeal make any difference?

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Yuki Tanaka

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That's helpful information about company size. ESD does consider the availability of complaint processes when evaluating good cause for quitting. In small companies without formal HR, they may be more understanding that you couldn't file a formal complaint. Definitely explain this clearly in your appeal, and if possible, document the company size/structure. Also emphasize the pattern of bereavement discrimination across multiple family deaths - that shows it wasn't a one-time issue but a persistent problem.

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Carmen Ortiz

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THEY ALWAYS DO THIS!!! ESD DENIES EVERYONE AT FIRST!!! happened to me twice i got denied and appealed both times and won. one time i missed a deadline by like 2 MONTHS and still got to appeal. DONT GIVE UP. the system is designed to make u quit trying but KEEP PUSHING. u obviously had good reason to quit, no one should talk to someone like that when theyre grieving, thats harassment plain and simple!!!

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Nia Johnson

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Thank you for the encouragement! That gives me hope that I might still have a chance even though I missed some deadlines. I'm definitely going to appeal and keep pushing.

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MidnightRider

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Few things you should know about appealing ESD decisions: 1. When you file an appeal, you'll eventually get scheduled for a hearing with an Administrative Law Judge through the Office of Administrative Hearings (OAH). 2. You need to gather ALL evidence before that hearing - including statements from coworkers, any documentation about your bereavements, and complete medical documentation about your wife's hospitalization. 3. For the "good cause" argument, you'll need to show that the working conditions were so intolerable that a reasonable person would have quit. The judge will consider if there were alternatives to quitting. 4. The fact that they actually terminated you AFTER you quit might actually help your case - be sure to emphasize this timeline. 5. For the late application and response to documentation, medical situations are considered "good cause" for late filing in many cases, but you absolutely need documentation. Good luck!

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Nia Johnson

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This is incredibly helpful information, thank you! I hadn't considered that the termination after my resignation might actually help my case. I'll make sure to gather all the evidence you mentioned before my hearing. Really appreciate the detailed guidance.

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Ethan Davis

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One more thing - if your appeal deadline has already passed, you can request a "good cause" exception for filing a late appeal. The same situation with your wife's hospitalization that prevented you from responding to their documentation request could potentially qualify as good cause for filing a late appeal. Make sure to submit medical documentation and be very specific about how it prevented you from meeting the deadlines.

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This is correct. ESD does allow for late appeals in some circumstances. Be aware that the standard is fairly strict - they'll want to see that you were effectively unable to file on time, not just that it was difficult. Hospital documentation showing your wife was in critical condition and you were her primary caretaker would be ideal evidence. The fact that you were dealing with multiple family deaths plus a hospitalization creates a compelling case for extending deadlines.

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Mateo Lopez

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my cousin works at a call center and says most ppl get denied at first just to see if theyll give up!! its like a test!! dont give up man

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Yuki Tanaka

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This isn't accurate. ESD doesn't deny claims as a "test" - they follow specific legal guidelines. Claims are denied when they don't meet the eligibility requirements based on the information provided. That said, many initial denials are overturned on appeal when additional information is presented or when the claimant clarifies misunderstandings about their situation.

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