ESD disqualified me for quitting over illegal tip theft - can I appeal?

Yes, you absolutely have grounds to appeal! RCW 49.46.020 specifically prohibits employers from taking tips from employees. This is considered wage theft and is definitely good cause to quit. When you file your appeal, make sure to: 1. Cite the specific RCW that was violated 2. Gather statements from coworkers who experienced the same issue 3. Include any documentation showing the tip theft (pay stubs, text messages, etc) 4. Explain that you attempted to resolve the issue before quitting The key is showing that this created an intolerable work environment and you had no reasonable alternative but to quit. Appeals can take 6-8 weeks, but continue filing your weekly claims while waiting!

the same exact thing happnd to me last year at a bar in belltown!!! manager was taking 10% of tips for "kitchen staff" but we found out he was keeping it. i quit and got denied benefits too but i didnt know i could appeal it so i just gave up. fight this!!!

I successfully appealed a similar situation in 2025. The key factor was proving that I had attempted to resolve the issue before quitting. Did you confront your employer about the tip theft or report it to L&I before quitting? If not, ESD might argue you didn't exhaust all reasonable alternatives. For your appeal, prepare a clear timeline showing: - When the tip theft started - Any attempts to address it with management - Any deterioration in your financial situation as a result - The specific date you quit and why that day The hearing will be conducted by an Administrative Law Judge who has more authority to consider labor law violations than the initial adjudicator. Be prepared for technical questions about how tips were distributed and collected.

Wait they can deny you for quitting even when your boss is breaking the law??? Thats so messed up!!!! The whole system is rigged against workers!!!! 😡😡😡

Try using Claimyr to get through to ESD directly before your appeal. I was in a similar situation (construction company not paying overtime) and got denied initially. Spent DAYS trying to call ESD with no luck. Someone here recommended Claimyr (claimyr.com) and they got me connected to an ESD rep in like 20 minutes. The agent actually helped me understand exactly what documentation I needed for my appeal and gave me pointers specific to my case. There's a video demo here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It's worth getting direct guidance from ESD before your hearing so you know exactly what to present.

my friend had somethin like this happen and when she went to the appeal hearing, the judge asked her if she tried to file a complaint with L&I first? i think they expect u to try to fix the problem before u can just quit. did u tell ur boss it was illegal or report him anywhere????

To respond to your follow-up question: Yes, the text messages to your manager and the tip sheet showing the deductions are excellent evidence. Make copies of everything. One more important tip: During your appeal hearing, be very specific about the financial impact. For example: "I was losing approximately $X per week due to the illegal tip theft, which meant I couldn't pay my rent/utilities/etc." Connecting the illegal activity to actual hardship strengthens your case. Also, the fact that you didn't file an L&I complaint isn't necessarily disqualifying. Many workers fear retaliation (which is also illegal, but common). Just be prepared to explain that fear in your hearing.

not to be contrarion but are you SURE the owner was taking tips illegaly? lot of restaurants have tip sharing that is legal where tips are distributed among staff including kitchen which is legal under WA tip pooling laws. if it was a legal tip pool and you quit over that, youre appeal will probaly be denied again. just saying to make sure you have your facts straight

I went through an appeal hearing last month for a completely different reason, but I learned a lot about the process. The most important thing is to BE PREPARED! The judge will give you and ESD each time to present your case. Have your evidence organized and practice explaining your side clearly. My hearing was over the phone and lasted about 45 minutes. The judge was actually pretty nice and let me fully explain my situation. The ESD representative mostly just read from their original decision document and didn't seem that prepared to counter my new evidence. I won my appeal, and I think you have a strong case too! Good luck!