ESD disqualified me after quitting due to sexual harassment and food safety concerns - can I appeal?

You DEFINITELY need to appeal!!! I had almost the same thing happen (different reasons but also a totally valid quit) and got disqualified initially. ESD often auto-disqualifies for voluntary quits, then you have to appeal to actually get a human to properly review your case. Your reasons - especially the sexual harassment and food safety violations - are 100% good cause to quit. You have 30 days from the determination date to file your appeal. Look for the "Appeal" button on your determination letter in eServices. MAKE SURE you include all the documentation you can - texts or emails about the harassment reports, photos of bad food if you have them, anything in writing about schedule changes, etc.

i quit my job 2 months ago cuz my boss was a total jerk and got approved no problem so idk why ur getting denied, maybe cuz u didnt file a police report for harassment? did u get any of the bad stuff in writing or just verbal?

You have what's called "good cause" to voluntarily quit under Washington unemployment law. Sexual harassment, when reported to management without resolution, constitutes good cause. So does being asked to violate health codes (serving spoiled food). Here's what you need to do: 1. File your appeal immediately through eServices (30 day deadline) 2. In your appeal statement, specifically reference RCW 50.20.050(2)(b) which outlines good cause reasons to quit 3. Submit all evidence: text messages, photos, written complaints, witness statements 4. Be prepared to testify at a hearing (usually by phone) - they'll send instructions 5. Consider requesting statements from coworkers who witnessed the harassment About 40% of disqualifications get reversed on appeal when there's good documentation. Your case sounds strong.

If you're having trouble getting through to ESD about your appeal status or preparing your case, try using Claimyr. I was stuck in a similar situation with an unfair disqualification and couldn't get anyone on the phone for weeks. Claimyr got me connected to an actual ESD agent in under 30 minutes who explained exactly what I needed for my appeal. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Was definitely worth it for me since my appeal ended up being successful.

To answer your question about the hearing - yes, your former employer will likely be on the call too. The Office of Administrative Hearings (OAH) notifies both parties. However, you'll each get separate time to speak, and the judge keeps things professional. If you're uncomfortable, you can mention that at the beginning of the hearing and ask for accommodations. Since sexual harassment is part of your case, the judge should be sensitive to this. And make sure you're fully prepared for the hearing. Practice explaining your situation concisely. Focus on facts rather than emotions (even though it's understandably emotional). Keep your documentation organized so you can reference it quickly.

My daughter just went through this exact situation! The restaurant industry is THE WORST about sexual harassment. Her boss didn't just ignore it but actually told her she was "too sensitive" and "should take it as a compliment"!!! Can you believe that??!! She got denied at first too but won her appeal. The most important thing is showing you REPORTED the harassment and gave the employer chance to fix it. Good luck!!!!

I hate to be that person, but ESD is super strict about voluntary quits. I was sexually harassed at my job too and quit, but lost my appeal because I didn't have enough documentation. They want to see that you tried EVERYTHING to resolve the situation before quitting. Did you report the harassment to HR? Do you have any witnesses? Did you report the food safety issues to the health department? They basically expect you to do all those things first before quitting. It's completely unfair but that's how they operate.

Update: I just called the Office of Administrative Hearings to check on my appeal process and was told I should receive hearing information in about 3 weeks. The person I spoke with said to gather as much evidence as possible showing I reported the issues to management before quitting. Also said I should be ready to explain why I felt unsafe/uncomfortable. I'm gathering my evidence now - screenshots of texts, photos of the spoiled food, written timeline of harassment incidents and when I reported them, and I'm trying to get statements from two coworkers who witnessed some of this stuff. Really hoping this works out. Still no luck finding a new job yet.

did u check ur determination letter?? sometimes they give u a specific reason why they disqualified u and it might help with ur appeal

That's actually GOOD news for your appeal! Now you know exactly what to focus on - proving the potential harm (harassment = emotional harm, food safety = physical harm to you and customers) AND getting evidence that contradicts your employer's version. This is why those coworker statements will be super important. One more tip - at the hearing, if your employer says something that's not true, don't interrupt or get emotional. Just write it down and when it's your turn to speak, calmly say "I'd like to address the statement about X. That's not accurate because..." and then provide your evidence. Judges really appreciate this approach!