ESD denied my claim after substance-related termination - HR said I could take time off

You should definitely appeal this decision. The fact that HR told you not to come in if you weren't sober actually works in your favor. In Washington, misconduct generally means willfully disregarding your employer's interests. If you can document that conversation with HR (emails, texts, witnesses, anything), that could be crucial evidence showing you were following their guidance. You have 30 days from the date on your denial letter to file an appeal with the Office of Administrative Hearings (OAH). Make sure you continue filing your weekly claims while your appeal is pending!

I went through something similar last year but with a mental health issue. What's going to matter most is whether your employer contests your claim and what evidence they provide. From my experience, ESD often initially sides with employers, but appeals can absolutely work in your favor. Here's what you should do: 1. File your appeal immediately using the link in your determination letter 2. Gather ANY evidence of that conversation with HR (witnesses? Your own notes? Follow-up emails?) 3. Be prepared to explain your substance use issue as a health condition 4. Get documentation from any treatment providers if possible The hearing will be by phone with an Administrative Law Judge. Be honest but focused on the fact that you believed you were following company policy by not coming in. Good luck!

sry but missing work bcuz of substance abuse is almost always going to be considered misconduct. esd isnt very sympathetic about addiction stuff especially if u missed multiple days. but yeah appeal anyway, nothing to lose

I got denied for smth completely different but just wanted to say KEEP TRYING TO CALL ESD!!! I was denied initially and when I finally got through to an actual person they were able to see that the employer had put incorrect information in their response. Took me 3 weeks of calling to get through tho, its ridiculous

Hate to be negative but I gotta be real - the fact that you missed two days in a row without proper notification is going to be a problem. Even with what HR said, most companies have an attendance policy requiring you to call in each day you're absent. Did you have any previous attendance issues or warnings? That could make a difference too.

This is actually a complicated case from an ESD perspective. I went through the appeal process last year (for a different reason), and the judge was VERY focused on whether I had violated a known company policy. So the key questions in your case would be: 1. Did your employer have a written policy about calling in for absences? 2. Did the HR conversation effectively modify that policy for your specific situation? 3. Did you make a reasonable effort to notify them when you could? You mentioned you couldn't call in because you lost your phone during this episode - be prepared to explain that in detail at the hearing. The judge will want to know if you could have borrowed someone else's phone or found another way to contact them sooner. They're looking at whether you made a reasonable effort under the circumstances.

just went thru a similar appeal and WON even tho my former employer fought it HARD. the key is to show that u were not deliberately violating policy but were dealing with a health issue and TRYING to follow their instructions! my hearing was literally 15 mins on the phone and the judge ruled in my favor the next day. don't give up!!!!!!

One more thing I should mention - Washington state has pretty strong protections for people with disabilities, which can include substance use disorders. If you were actively seeking treatment or had disclosed your condition to your employer, you might have additional grounds for appeal based on their failure to provide reasonable accommodation. This gets complex legally, but it's worth mentioning at your hearing.

Just saw ur other comments - if u didn't document the HR convo ur gonna have a hard time. My friend went thru this and the employer straight up LIED about what they had told him. Its ur word against theirs... try to find any coworkers who might have overheard anything?

Regardless of how strong your case is, appeal and continue filing weekly claims while you're waiting. The appeal process in 2025 is taking about 6-8 weeks right now from filing to hearing date. That's a long time to go without income, so you should also look into emergency assistance programs like basic food benefits and HEN referrals for housing assistance while you wait. If you're dealing with substance use issues, there might be additional support services available to you.