ESD denied my claim saying I broke a county vaping policy that wasn't enforced - appeal tips?

You absolutely have a strong case for your appeal based on inconsistent enforcement of the policy. When a workplace rule isn't regularly enforced, it can be considered an "unreasonable" reason for termination under ESD regulations. A few tips for your hearing: 1. Focus on the selective enforcement angle - bring documentation of dates/times you witnessed others (especially management) vaping without consequences 2. Get written statements from coworkers about the non-enforcement if they can't attend the hearing 3. If you have any emails or texts where management indicated vaping was acceptable, these will be extremely valuable 4. The timing of your grievance filing and subsequent termination is definitely relevant - make sure to mention this clearly 5. Be prepared to explain how you were never given any warnings about this policy I went through a similar appeal last year (different issue but also selective enforcement). What really helped me win was having specific examples with dates and names of others who weren't disciplined for the same behavior.

I went thru something EXACTLY like this in 2025!!! My employer (not county but state agency) claimed I violated a cyber security policy that literally everyone ignored, including my own supervisor!!! I was denied initially but I WON MY APPEAL. Here's what worked for me: - Had 3 coworkers testify via phone during the hearing - Showed emails where my boss had actually broken the same rule - Pointed out I'd never been disciplined or warned about it before The judge said "selective enforcement" was the key factor - they couldn't suddenly enforce a rule for just me that they'd ignored for everyone else. The judge literally wrote that in his decision! Make sure you're super organized for your hearing and speak clearly. Don't get emotional even if they make you mad. Just stick to the facts about how the rule wasn't enforced for others. Good luck!!!

I've been trying to reach ESD for weeks about a similar situation and can never get through! The phone lines are always busy or they hang up after I've been on hold for an hour. I finally found a service called Claimyr (claimyr.com) that got me through to an ESD agent in less than 10 minutes. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I'd definitely recommend talking directly with an ESD agent before your hearing to make sure you understand exactly what your employer is claiming and what evidence you'll need to counter it. The agent I spoke with gave me specific advice about what documentation would help my case the most.

Your union should be helping you with this appeal! That's literally what your dues pay for. My cousin is a shop steward and he says unions usually have people who specialize in unemployment appeals. Have you talked to your rep about this?

You need to understand the legal standard ESD uses for misconduct cases. They follow what's called the "Dante v. ESD" standard (from a WA Supreme Court case). For misconduct, the employer needs to prove: 1. The rule existed and was reasonable 2. You knew or should have known about the rule 3. The rule was consistently enforced 4. You deliberately violated the rule Your case clearly fails on points #2 and #3. If management was openly vaping and told you it was acceptable, then the rule wasn't consistently enforced AND you had no reason to believe it was prohibited. At your hearing, stay focused on these elements. Don't get sidetracked discussing whether you actually vaped or not - that's not the issue. The issue is whether your employer can prove all four elements of misconduct. I've represented claimants at OAH hearings for years, and inconsistent enforcement is one of the most winnable defense strategies.

omg the ESD system is such a joke!!!! they deny people for ANYTHING these days. my brother got denied last month because they said he wasnt looking for work hard enough even tho he applied to like 12 jobs!!! its like they just want excuses to not pay people. good luck with your appeal but dont expect fairness. the system is RIGGED agaist workers

I just got off the phone with an ESD agent after using the Claimyr service someone recommended in the comments. The agent was really helpful and told me to focus on three things in my appeal: 1. Evidence that others engaged in the same behavior without consequences 2. Proof I was never warned or disciplined about it 3. Documentation of the timing between my grievance filing and termination They recommended I organize my witnesses in advance and make a timeline showing when I filed the grievance, when I was terminated, and when I found out the alleged reason. This is so helpful - I feel much more prepared now! I'll update this thread after my hearing to let everyone know how it goes.

I just remembered something important - if you win your appeal, you'll get backpay for all the weeks you were eligible but denied! Make sure you keep filing your weekly claims even while waiting for your appeal hearing. If you stop filing weekly claims, you won't get paid for those weeks even if you win the appeal. I made this mistake and lost out on like $2,600 in benefits.

I'm going through a similar situation right now - was denied for "policy violation" at my workplace where the same policy was completely ignored by everyone including supervisors. Reading through all these responses has been incredibly helpful! A few things I learned from my research that might help you: 1. Document EVERYTHING - I wish I had started keeping a log of policy violations I witnessed much earlier 2. The timing of your union grievance vs termination is huge - that's going to be very compelling evidence of retaliation 3. Get your witnesses to write down specific incidents with dates if possible, even if they can't testify live I'm still early in my appeal process but seeing so many people win these cases gives me hope. The selective enforcement angle seems to be the key factor that wins these hearings. Keep us posted on how your hearing goes - there are clearly a lot of people dealing with similar issues who could benefit from hearing about your experience!