ESD denied my claim saying 'misconduct' but I was fired for complaining about abuse - need appeal help

You NEED to appeal this immediately! You only have 30 days from the disqualification notice to file your appeal. This sounds like textbook retaliation - you complained about illegal working conditions (no breaks for 12-14 hour shifts is against labor laws) and they fired you with a made-up reason. Get statements from any coworkers willing to confirm: 1) The working conditions you complained about 2) That you had permission to vape 3) That others predicted you'd be fired for the email Do you have any medical documentation from your ER visit? That helps show you were a dedicated employee despite health issues. Also print out any time records showing those excessive hours without breaks - that's your evidence of why you complained in the first place!

i got fired for bs too and esd sides with employers way too often. did u appeal yet? ive heard u can win those hearings if u can prove the company is lying about why they fired u. the cobra thing is interesting cuz ur right they shouldnt offer that for misconduct...seems like they slipped up there

I've helped several people with ESD appeals, and your situation has some major red flags in your favor. Washington state recognizes constructive discharge and retaliation as valid reasons to qualify for benefits. First, you need to file your appeal ASAP through eServices or by mail/fax. Request a hearing with the Office of Administrative Hearings (OAH). During the hearing, focus on these key points: 1) The timing between your complaint email and termination (2 weeks is suspicious) 2) The COBRA offer (contradicts their misconduct claim) 3) The lack of prior warnings about vaping/smoking 4) Your exceptional work record (170+ hours per period) For evidence, submit: - Copy of your complaint email - Timecards showing excessive hours - ER visit documentation - COBRA offer documentation - Any performance reviews or commendations Be factual and unemotional during the hearing. Let the judge see the obvious connection between your complaint and termination. The burden of proof is on the employer to show misconduct, which requires more than just an accusation.

I had a similar situation last year and won my appeal! My former employer claimed I was terminated for attendance but I proved it was retaliation for reporting safety violations. The key was documentation - I had emails, witness statements, and proof the company didn't follow their own attendance policy. One thing to prepare for: ESD hearings are STRESSFUL. The judge will interrupt you, your former employer will probably lie, and the format is very formal. Practice what you'll say beforehand and stick to facts, not emotions. I tried for WEEKS to reach ESD by phone before my hearing to understand the process better and kept getting disconnected or left on endless holds. Finally used Claimyr (claimyr.com) to get through - they have a service that waits on hold for you and calls when an agent is available. Their video demo shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Worth it to get my questions answered before going into the hearing! The judge actually complimented me for being so prepared.

I know this is stressful but try not to panic! I'm currently an administrative assistant at a law firm that sometimes handles unemployment cases, and you have a decent case here. FYI - if you can't afford an attorney, contact the Unemployment Law Project. They provide free/low-cost representation for unemployment appeals. They helped me last year when I was denied benefits. Also, def mention the illegal working conditions! That SUPPORTS your case, not hurts it. It shows you were fired for complaining about something legitimately wrong, not for performance issues. BTW, keep filing your weekly claims during the appeal process!!! This is super important. If you win, they'll pay you for all those weeks, but only if you filed claims for them.

Your situation is a strong case for appeal because ESD defines misconduct as deliberate violation of rules, negligence, or willful disregard of employer interests. Occasional vaping with permission doesn't meet this threshold. I handle unemployment appeals professionally, and timing is critical here. The appeal must specifically address: 1. The lack of progressive discipline (no warnings) 2. The suspicious timing after your complaint 3. The fact that vaping was previously permitted 4. The COBRA offer (excellent point) During the hearing, the judge will ask specific questions about company policies, whether you received warnings, and what exactly happened on the day of termination. Be prepared with concise answers. The burden of proof is on the employer to prove misconduct by a preponderance of evidence. If they can't produce a written smoking policy, evidence you violated it, or prior warnings, they'll likely lose. One important note: Washington's definition of misconduct is narrower than many people think. Simple errors, poor performance, or even some rule violations don't necessarily constitute misconduct for UI purposes.

UGH these companies that fight every claim make me so ANGRY!!!! I worked for a place like that - they'd fire people for made up reasons then contest EVERY SINGLE unemployment claim. And ESD just believes whatever garbage employers say!!! Make sure you emphasize that they NEVER warned you about vaping before. In my experience, judges want to see that employers gave warnings before firing for rule violations. Also, if you can get ANY coworker to text or email you confirming others vaped too without getting fired, that's gold!!! Shows they singled you out after your complaint email. Keep fighting!!!! The system is designed to wear you down but DON'T GIVE UP!!!!!

just wondering what happened with ur appeal?? did u win?