ESD denied my claim despite employer support - hearing scheduled but need faster resolution
I'm in a really weird situation with my ESD claim and don't know what to do. I filed for benefits after my hours were reduced last month, and just got a determination letter DENYING my claim. The strange part is when I called my employer about it, they were shocked and said they never intended to contest my claim! My supervisor said there must have been a miscommunication or someone in HR checked the wrong box on their response to ESD. They promised they would "fix it" and contact ESD, but I'm not sure how that works. I also received a notice about an appeal hearing with OAH, but it says it could be 8-10 WEEKS away! I can't wait that long - I've got rent due and only working 15 hours a week now instead of my normal 40. Has anyone had experience with an employer trying to reverse their position after ESD already made a decision? Can they even do that? Should I still prepare for the hearing or is there a faster way to get this resolved? Really need some advice here.
24 comments
Mae Bennett
Your situation is fairly common, actually. Sometimes there's miscommunication between different departments at the employer, or someone responds incorrectly to ESD's request for information. The good news is that employers CAN help fix these situations, but you need to be proactive. Here's what you should do: 1. Ask your employer specifically to submit a written statement to ESD immediately stating they support your claim and made an error in their initial response 2. Continue with your appeal process - don't cancel it just because your employer says they'll fix it 3. Keep filing your weekly claims even while denied 4. Call ESD to explain the situation and ask if they can expedite review once they receive the employer's correction In my experience, this can speed things up significantly compared to waiting for the hearing. But getting through to ESD by phone is critical.
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Pedro Sawyer
•Thank you so much! I'll ask my supervisor tomorrow about submitting that written statement. Do you happen to know if there's a specific form the employer needs to use? And should they reference my claim ID number or something on it?
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Beatrice Marshall
omg the EXACT same thing happend to me last yr!!! my boss said they didnt mean to deny but it took FOREVER to get fixed. the hearing was like 3 months away and i was freaking out about bills. ended up having to borrow $ from family which sucked
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Pedro Sawyer
•Oh no, that's exactly what I'm afraid of! Did your employer actually try to contact ESD? Did you end up having to go through with the hearing?
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Beatrice Marshall
•ya they sent some letter but ESD never responded to them!! we still had to do the hearing and i won but it was already like 12 weeks later by then. got backpay tho
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Melina Haruko
The unemployment system is deliberately designed to be this broken and frustrating. They WANT you to give up! Your employer might mean well, but ESD doesn't care what they say after the initial determination. Once they've made a decision, they'll drag their feet and make you jump through hoops even when it's THEIR mistake. I went through something similar in 2024 and the hearing wasn't scheduled for 14 WEEKS! Absolute joke. The only thing that worked was contacting my state representative's office. They have special channels to ESD and can sometimes get things expedited.
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Dallas Villalobos
•This is good advice about contacting your state representative. I did this when my claim was stuck in adjudication for months. Got a call from ESD within a week after the rep's office contacted them.
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Pedro Sawyer
•I hadn't thought about contacting my state rep! That's a good idea. I'll look up their contact info right now. Did you just call their office or did you have to fill out a form?
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Reina Salazar
I've helped clients resolve this exact issue before. There's actually a specific process for this called a "Redetermination Request" that can be much faster than waiting for an appeal hearing. Both you AND your employer need to take specific actions: 1. Your employer should submit a "Request for Redetermination" to ESD, specifically stating they provided incorrect information and now support your claim. They should include your claim ID, their ESD employer number, and any relevant documentation. 2. You should still file your appeal by the deadline as a backup, but also submit your own Request for Redetermination that references the employer's request. 3. The key to making this work is actually getting through to an ESD claims specialist who can flag the case for expedited review once they receive both requests. Honestly, getting through to ESD is the hardest part. I recommend trying Claimyr (claimyr.com) - they can get you connected to an ESD agent without waiting on hold for hours. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. I've seen redeterminations process in as little as 2-3 weeks when handled correctly, which beats waiting for a hearing.
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Pedro Sawyer
•Thank you for the detailed advice! I didn't know about the Redetermination Request option. I'll definitely look into Claimyr too - I've been trying to call ESD for two days with no luck. Is the Redetermination Request a specific form, or just a letter explaining the situation?
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Reina Salazar
•It's not a specific form - it's just a letter clearly explaining the situation. Make sure both you and your employer send separate requests referencing each other. Your employer should include some proof they employ you, your claim ID, and explicitly state they made an error in responding to ESD initially and now support your claim. Good luck!
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Saanvi Krishnaswami
I work in HR and we had to fix something similar last year for an employee. We submitted a letter to ESD stating it was our error and included a copy of the employee's work schedule showing the reduced hours. The important thing is that we had to submit it to a specific department - not just the general ESD address. Ask your HR person to call the employer assistance line at ESD, as they have different contact options than claimants do.
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Pedro Sawyer
•That's really helpful insight from the employer side! I'll make sure to mention the employer assistance line to my HR department. Did you have to follow up multiple times or did they respond pretty quickly once you submitted to the right department?
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Saanvi Krishnaswami
•We had to follow up twice, and it took about 3 weeks total. But that was still much faster than waiting for the hearing date. One thing I forgot to mention - make sure your employer provides documentation of your reduced hours, not just a statement saying they support your claim. Evidence is critical.
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Demi Lagos
I'm dealing with ESD right now too and its a NIGHTMARE!!! Been trying to call for 2 weeks straight and either cant get through or get disconnected. My situation is different (identity verification issue) but I'm also facing weeks of delay while bills pile up. The whole system is broken!!! Have you tried going to a WorkSource office in person? I've heard sometimes they can help escalate issues.
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Pedro Sawyer
•I haven't tried WorkSource yet - that's a good suggestion. There's one about 20 minutes from my house. Did you try going there yourself? I'm wondering if they can actually help with claim issues or if they're just for job search stuff.
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Demi Lagos
•I went to the one in Tacoma last week. They couldn't directly fix my issue but they helped me get better documentation together and gave me a direct email for escalation team (though still waiting for response). Worth a try at least!
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Mae Bennett
One more important thing - check if your denial is based on something specific that might need addressing beyond just your employer's support. For example, if ESD determined you quit voluntarily vs. having hours reduced, or if they think you're not able and available for work, those require different approaches. The denial letter should state the specific reason for denial with reference to the relevant RCW (law). Make sure your employer's correction addresses that specific reason.
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Pedro Sawyer
•Looking at my determination letter now... it says I was denied because "claimant voluntarily left most recent employment without good cause" under RCW 50.20.050. But that's completely wrong! My hours were cut from 40 to 15 - I didn't quit at all! I'm still working there part-time. Should my employer specifically reference this in their correction?
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Mae Bennett
•Yes! That's crucial information. Your employer needs to specifically state that you did NOT quit, but instead had your hours reduced from 40 to 15. They should reference that specific RCW and determination reason in their correction letter. They should also provide documentation showing your previous full-time schedule and current reduced schedule. This is actually a perfect case for redetermination since it's a clear factual error.
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Reina Salazar
I checked back to see if you'd had any progress. Based on your latest comments, you have a strong case for a quick resolution IF your employer moves quickly and you can get through to ESD. Since you're still working reduced hours, this should qualify as a partial unemployment claim. Make sure you're accurately reporting your part-time earnings each week when you file. Have you had any luck getting through to ESD by phone yet?
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Pedro Sawyer
•Not yet, I've tried calling ESD 12 times in the last 3 days! Either get the message that call volume is too high or get disconnected after waiting on hold. I'm going to check out that Claimyr service you mentioned. My employer's HR did say they're preparing a letter today, so at least that part is moving forward. Thanks for checking back!
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Dallas Villalobos
I used Claimyr last month when I had an adjudication issue and it worked really well. Got connected to an ESD agent in about 20 minutes instead of trying for days. The agent was able to see notes on my account that weren't visible to me online and fixed my issue while I was on the phone. Definitely worth it when you're in a time-critical situation like this.
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Pedro Sawyer
•That's good to hear! I'm planning to try it tomorrow once I have the letter from my employer so I can reference it when I talk to ESD. Fingers crossed I can get this resolved without waiting months for a hearing.
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