ESD disqualified me after pay/hours cut - employer claims 'personal reasons' for quitting - help with appeal?
So frustrated with ESD right now! My employer reduced my hours and pay by 25% in August 2024, and after trying to make it work for 3 months hoping things would improve, I finally resigned in November. I had multiple conversations with management about returning to full-time status, but they kept saying 'maybe next month' and it never happened. I have the official letter they sent me with the pay/hour reduction details. I applied for UI benefits and actually got approved initially - received benefits for about two weeks. Then suddenly ESD disqualified me saying my employer claimed I quit for 'personal reasons' not because of the reduction in hours/pay! My resignation letter just stated the date of resignation without specifying reasons (big mistake, I realize now). I've already filed an appeal, but have two questions: 1) Is there anything in the ESD handbook or website that specifically states I had to inform my employer IN WRITING about my reason for quitting? I can't find this requirement anywhere. 2) Does my former employer have a financial incentive to fight my claim? Do they pay more unemployment insurance when former employees collect benefits, or is it just a flat rate regardless? They're having serious financial problems which might explain why they're being dishonest about my separation. The appeal hearing is in three weeks and I'm trying to prepare properly. Any help is appreciated!
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Benjamin Carter
Good questions! To answer your second one first - yes, employers definitely have a financial incentive to fight UI claims. Their unemployment insurance tax rate is directly affected by how many former employees receive benefits (called 'experience rating'). When employees collect benefits, their rate can go up substantially, especially for smaller businesses. So your struggling former employer absolutely has a financial motivation to misrepresent your separation. As for your first question, there is NO explicit requirement that you must inform your employer in writing of your reason for quitting. However, for appeals purposes, having written documentation always strengthens your case. The burden of proof is on you to demonstrate that you had "good cause" for voluntarily leaving employment. For your hearing, bring: 1) The letter showing your pay/hours reduction 2) Any emails/texts discussing your attempts to return to full-time 3) Financial documents showing how the 25% reduction affected your ability to meet expenses 4) Calendar notes of verbal conversations about wanting full hours The 25% reduction is significant enough to potentially qualify as "good cause" for quitting, especially if you can document that you tried to resolve the issue before resigning.
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Evelyn Martinez
•Thank you so much for this detailed response! I was afraid the employer had financial motivation to fight this. I have the reduction letter and some texts with my supervisor about wanting more hours, so that helps. Do you know if I should have witnesses at the hearing? My former coworker heard me discussing the hours issue with our manager multiple times.
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Maya Lewis
i went thru similar thing last yr & won my appeal. esd doesn't care that u didnt put reason in resignation letter. important part is u can PROVE the pay cut happened (u have letter!) and that u tried to fix problem b4 quitting. judge asked me if i tried to fix the situation b4 leaving & why i stayed 3 months after pay cut. just be honest that u hoped things would improve & needed work. 25% is def considered substantial reduction, ur appeal should go good!!
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Isaac Wright
•This isn't entirely accurate. While a 25% reduction in hours/wages often qualifies as good cause, ESD does care about whether you communicated your concerns to your employer before quitting. The Unemployment Insurance Commissioner has repeatedly ruled that employees must give employers reasonable opportunity to address workplace issues before quitting. Not putting the reason in writing doesn't automatically disqualify you, but it does make your burden of proof higher during appeal.
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Lucy Taylor
TOTAL BS what your employer is doing!!!! I hate how these companies get away with this garbage. They cut your hours, then lie to ESD? And WE are the ones who have to jump through hoops? The system is rigged against workers! My sister had something kinda similar happen and the stupid OAH judge sided with the employer because she "didn't have enough documentation" even though it was OBVIOUS why she quit. These hearings are a joke sometimes.
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Evelyn Martinez
•I'm definitely worried about that. The frustrating part is I have the letter showing they cut my pay/hours, but they're claiming that wasn't why I quit even though that was the ONLY reason! I just didn't put it in writing when I left because I didn't want to burn bridges.
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Connor Murphy
Hey try claimyr.com to talk to esd before ur appeal. i was in adjudication for 2 months not getting thru to anyone, then used their service and got connected to an esd agent in like 20 min. they have a video showing how it works https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - might help to talk to someone at esd directly before your hearing to see what exactly your employer said about you
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Evelyn Martinez
•Thanks for the suggestion! I'd never heard of that service. I've been trying to reach someone at ESD for days with no luck. Did they actually help you solve your issue or just connect you?
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Connor Murphy
•they just connect u to an actual esd person but thats the hard part! once i got thru i was able to explain my situation and the agent could see notes on my claim and told me what was happening. worth it to know what ur up against before the hearing
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KhalilStar
wait so u worked for 3 months after the pay cut? thats a long time, they might use that against u just saying. like why did u accept it for so long if it was really so bad? just something to think about how ull answer that
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Benjamin Carter
•This is actually an important point. When there's a substantial reduction in hours/wages, ESD typically expects you to quit within a reasonable timeframe. Three months is pushing the limit of what's considered reasonable, but if you can document that you were actively trying to get your full hours restored during that time, it strengthens your case. Make sure to emphasize that you were trying to resolve the issue before quitting.
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Amelia Dietrich
I went through literally the EXACT same situation in 2023! Had my hours cut by 30%, stayed for about 2 months hoping things would improve, then quit. Employer told ESD I quit to "pursue other opportunities" which was a complete lie. For the appeal hearing, I recommend: 1. Request all documents ESD has about your claim BEFORE the hearing (you have the right to see what your employer submitted) 2. Have a clear timeline written out of when your hours were cut, when you discussed it with management, and why you ultimately resigned 3. Calculate exactly how much money you lost monthly due to the reduction 4. Be prepared to explain why you stayed for 3 months (the judge will definitely ask) 5. Bring a witness if possible I won my appeal because I had evidence of the reduction and could prove I tried to resolve it before quitting. The 25% reduction should qualify as good cause - just be prepared to thoroughly explain your side.
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Evelyn Martinez
•This is SO helpful, thank you! How do I request the documents from ESD? Is there a specific form or do I just call them? Also, did you have an attorney for your hearing or did you represent yourself?
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Amelia Dietrich
•You can request your claim file by calling the OAH office that's handling your appeal. Their number should be on your appeal papers. I represented myself - most people do. Just stay calm, stick to facts, and have your evidence organized. The judge will guide the process. Good luck!
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Isaac Wright
To directly answer your first question: No, RCW 50.20.050 (the voluntary quit statute) does not explicitly require written notification to your employer of your reason for quitting. However, case precedent from the Commissioner's decisions clearly establishes that you must demonstrate you made reasonable efforts to preserve your employment before quitting. Your second question: Washington State uses an experience-rated UI tax system. Employers' tax rates range from 0.1% to 5.7% of taxable wages, based largely on how many former employees collect benefits. So yes, your employer has a direct financial incentive to contest your claim. A 25% reduction in hours/wages generally meets the threshold for "good cause" to quit, provided you can show: 1) The reduction was substantial (which 25% certainly is) 2) You attempted to resolve the issue before quitting 3) You didn't effectively consent to the new arrangement by continuing too long without objection The fact that you stayed 3 months could be problematic, but if you can document your ongoing attempts to restore your hours during that period, it should help your case.
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Evelyn Martinez
•Thank you for this detailed explanation! I'm concerned about the 3-month timeframe now. I stayed because I really needed some income while job hunting, and they kept saying things might improve. I did bring it up in our weekly team meetings several times, but I don't have that documented except for a few text messages. Will that be enough?
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Isaac Wright
•Text messages are certainly helpful documentation. For the appeal, focus on presenting a clear chronology showing you didn't simply accept the reduction: 1) Initial reduction notification, 2) Your immediate reaction/objection, 3) Specific dates you discussed returning to full hours, 4) Any promises made about potential restoration, 5) Your job search efforts during this period, and 6) The final conversation that led to your decision to resign. This narrative helps counter any implication that you accepted the reduced terms by staying.
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Kaiya Rivera
my cousin works at esd and she says they always side with employers nowadays... system is broken
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Benjamin Carter
•This isn't accurate. ESD decisions are based on state law and the specific facts of each case. While initial determinations sometimes favor employers (who often have better documentation), many claimants win on appeal when they properly present their evidence. About 40% of claimant appeals are successful at the OAH level. The system has challenges, but it's not inherently biased against claimants.
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Evelyn Martinez
Thanks everyone for all the helpful advice! I've been taking notes and feel much better prepared for my appeal hearing now. I'll definitely organize my evidence showing the pay cut and my attempts to resolve it before quitting. I'm still trying to reach someone at ESD to find out exactly what my employer claimed, but it's nearly impossible to get through on the phone. Might try that Claimyr service if I can't get through in the next few days.
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Benjamin Carter
•Good plan. One more thing - if you haven't already, submit a written statement to OAH before your hearing explaining your side in detail. It becomes part of the record and gives the judge context before the hearing starts. Just be sure to get it in at least 3 business days before your hearing date.
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