ESD needs final paystubs but employer won't send them - is this illegal?
I've been trying to get my final paystubs from my previous employer for almost 3 months now. I need them for my unemployment claim with ESD since they're asking for wage verification docs. I've emailed HR three times and called twice, but they keep saying 'we'll get to it' and nothing happens. It's holding up my entire UI claim! Does anyone know if employers are legally required to provide paystubs in Washington? And what can I do if they continue to ignore me? My ESD adjudicator is getting impatient and I'm worried my claim will be denied because of this.
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KhalilStar
Yes, this is actually a violation of Washington State law. Employers are required to provide wage information, including paystubs, especially when it affects your unemployment claim. You can let your employer know that per RCW 50.12.070, they must provide wage information to support your ESD claim. You might also want to inform your adjudicator about the situation - they can sometimes reach out to the employer directly.
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Connor Murphy
•Thank you for this info! I had no idea there was an actual law. I'll email my old HR department again and mention this RCW number. Do you think I should also tell my adjudicator about this or wait to see if citing the law helps first?
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Amelia Dietrich
omg same thing happened to me last year! my employer was being shady about my hours and i couldnt get ANY paystubs. turns out they were paying me under the table for some shifts and didnt want ESD to know lol
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Connor Murphy
•Wow, that's concerning. I hope that's not what's happening in my case. My employer is a medium-sized company so I assumed it was just bureaucratic slowness, but now I'm wondering if there's something else going on.
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Kaiya Rivera
I went through this EXACT situation last year after being laid off. Here's what worked for me: Send a certified letter (so there's proof of delivery) requesting your paystubs and specifically mention it's for your ESD claim. Give them a deadline (like 10 business days). If they still don't respond, contact the Washington State Department of Labor & Industries - they have a wage complaint process. For your ESD claim, explain the situation to your adjudicator and ask if you can submit bank statements showing deposits as temporary proof. That worked for me while I was fighting with my ex-employer.
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Connor Murphy
•This is super helpful advice! I didn't think about using certified mail or bank statements as proof. I'll try both of these approaches. The bank statements are a smart backup plan - I have all of those saved.
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Katherine Ziminski
During the adjudication process, it's crucial to maintain clear communication with your ESD claims specialist. I've been in this frustrating situation too, and after weeks of getting nowhere with my former employer, I discovered Claimyr (claimyr.com). They helped me get through to an actual ESD agent in about 20 minutes instead of waiting on hold for hours. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. The agent was able to note my file about the employer not cooperating and actually reached out to them directly, which finally got things moving.
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Noah Irving
•does this claimyr thing really work? i've been trying to get through to ESD for like 2 weeks now about my adjudication issue
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Katherine Ziminski
•Yes, it definitely worked for me. I was skeptical too but was desperate after spending literally days trying to get through the regular ESD phone lines. The service connected me to an agent who could actually help with my specific situation.
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Vanessa Chang
In my experience dealing with ESD for over 10 years (I'm an HR manager), I can tell you that you have several options: 1. If you filed your weekly claims on time, ESD can actually use wage info from their system based on what your employer reported quarterly. Request this specifically. 2. W-2s and final pay statements can both work for verification purposes. 3. As mentioned above, the employer IS legally required to provide these documents. Don't just rely on emails - put in a formal written request (certified mail) referencing RCW 50.12.070. Also mention that you'll need to involve L&I if they don't comply within 10 business days. This usually gets results.
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Connor Murphy
•Thank you so much for this detailed information! It's really helpful to hear from someone with HR experience. I do have my W-2 from last year, but I worked for this company for only 5 months this year before being laid off. Would a W-2 from last year still help with my current claim?
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Vanessa Chang
•Your previous year's W-2 won't help for this year's wages. However, if you have any payment statements at all (even just one) from this year, provide those plus your bank statements showing the regular deposits. ESD can often piece together your wage history this way. The key is to show the adjudicator you're making every effort while the employer is being uncooperative.
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Madison King
This happened 2 me too!! my boss was such a JERK about it & I ended up waiting 11 WEEKS for my unemployment to get approved because of it!!! The whole system is RIGGED against workers I swear. They make it impossible to get benefits even when u qualify!!!!!
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Connor Murphy
•11 weeks?! That's terrifying. I'm already struggling financially after being laid off, I can't imagine waiting that long. Did you ever get your paystubs in the end?
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Madison King
•nope never got them!! i had to give esd my bank statements and they eventually just approved it after i called like 500 times. the whole system is BROKEN
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Vanessa Chang
One important tip: When you submit a wage verification form to ESD, there's actually a section where you can explain that your employer is not cooperating. Check box 3 on the form and write a detailed explanation of all your attempts to get the documents. ESD deals with this situation regularly and has procedures to handle it, but you need to be proactive in documenting your efforts.
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Noah Irving
cant u just use ur bank statements? thats wat i did
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Connor Murphy
•I was thinking about that approach too. Did ESD accept your bank statements without any problems? Did you have to provide anything else with them?
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Noah Irving
•ya they took my statements but i also had my last paystub. they just needed to see the pattern of deposits
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KhalilStar
After reading through this thread, I'd recommend a combined approach: 1. Send the certified letter to your employer citing RCW 50.12.070 2. Contact your adjudicator immediately (don't wait) to explain the situation 3. Submit bank statements and any pay documents you do have as temporary proof 4. Use the Claimyr service mentioned above if you're struggling to reach ESD by phone 5. File a wage complaint with L&I if your employer doesn't respond within 10 days The key with ESD is documenting everything. Keep a log of every attempt to contact your employer with dates, times, and who you spoke with. This will strengthen your case.
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Connor Murphy
UPDATE: I took everyone's advice and sent a certified letter yesterday citing the RCW. I also managed to get through to my adjudicator (after a 2 hour wait on hold!) and she was actually really understanding. She put a note in my file and said they can work with bank statements for now while I'm trying to get the official documents. She also mentioned they can request the wage info directly from the employer if necessary. Thanks everyone for the helpful advice! Will update again once I know more.
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