ESD denied my claim after being fired for 'insubordination' - need appeal advice ASAP!

I won my appeal against my former employer!! Similar situation where they claimed misconduct but it was BS. Here's what worked for me: 1. Document EVERYTHING. I submitted all emails that showed I was following procedures 2. Get statements from coworkers if possible 3. Be super specific about timelines in your appeal 4. Focus on the EXACT wording of the statute - in WA, the burden is on the employer to prove misconduct 5. In the hearing, stay calm and stick to facts (I got emotional and it almost hurt my case) My hearing was phone-based about 6 weeks after I filed the appeal. The judge asked both sides questions, then gave us each time for closing statements. I got my decision 10 days later - APPROVED! Make sure you keep filing your weekly claims during the appeal process.

theyve got to PROVE u were deilberately disobeying them... not just saying it. my boss tried the same thing but i won cuz he couldnt actually show any proof. insubordination isn't just disagreeing w/ them, its like refusing direct orders repeatedly after warnings. if they didnt give u any warnings first thats good 4 ur case!

I worked at the ESD appeals office as an admin assistant a few years ago, so I've seen hundreds of these cases. Your case sounds winnable based on what you've shared. Here's what I'd recommend: 1. The burden of proof is on the employer to prove misconduct - they need documentation 2. "Insubordination" under WA unemployment law requires DELIBERATE refusal of reasonable directions 3. Simply asking questions or suggesting improvements is NOT insubordination 4. The high turnover rate is relevant - bring it up and provide specifics if you can 5. If the employer changed their reason for firing (from "not a good fit" to "insubordination"), highlight this inconsistency Make sure to file your appeal on time and continue filing weekly claims. The appeal hearing will likely be by phone, and you'll get about 2-3 weeks notice. Be extremely organized with your evidence and practice explaining your side clearly and calmly.

If you're struggling to get through to ESD by phone to discuss your appeal (which you probably should do), I'd recommend using Claimyr. It helped me actually reach a real person at ESD when I was in a similar situation with my appeal last month. I was on hold for HOURS before I found this service. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. Worth checking out if you're trying to get more info about the appeal process or your case specifically.

THESE EMPLOYERS MAKE ME SO MAD!!! They fire people for no good reason then fight unemployment to save a few bucks on their rates. I bet your boss is LYING about everything. The same thing happened to me last year and I had to FIGHT for my benefits. The system is RIGGED against workers!!! Make sure you mention in your appeal that you never got any warnings - they HAVE TO warn you first for it to count as misconduct in most cases. My employer tried to say I was "not following directions" but I proved I never got clear directions to begin with. The judge saw right through their BS!

my cousin went through something like this last year at her accounting job. she had to do a phone hearing and the judge asked a bunch of questions. the thing that helped her the most was having copies of good performance reviews from before everything went south. do you have anything like that? also she kept a work journal with dates of conversations which the judge thought was really credible.

I'm an employment attorney in Washington (though this isn't legal advice). The statute you're referring to, RCW 50.04.294(2)(a), defines misconduct as "willful or wanton disregard of the rights, title, and interests of the employer or a fellow employee" - which requires INTENTIONAL disregard, not simply asking questions or suggesting improvements. Your appeal should emphasize: 1. No prior warnings (crucial) 2. The difference between the reason given at termination vs. the reason given to ESD 3. Any documentation showing you were performing duties as required 4. The high turnover rate as context At the hearing, stick to facts and avoid emotional arguments. Be prepared to explain specifically what happened in the incident they're labeling as "insubordination." If they can't produce documentation of warnings or directives you refused to follow, they'll have a hard time meeting their burden of proof.

when i had my appeal last year the judge let me submit new evidence at the hearing that i didnt include with my original appeal letter. so if you remember anything else helpful later you can still use it. also keep applying for jobs and document all that cuz they might ask about your job search during appeal too

One more thing I forgot to mention - if your appeal is denied, you can appeal AGAIN to the Commissioner's Review Office. I had to do this because I lost my first appeal, but won on the second level review. So even if the first appeal goes against you, don't give up! The higher level review often reverses decisions.