Employer contesting my Washington ESD claim - what forms do they typically use?
My former employer is contesting my unemployment claim and I'm trying to understand what's happening. I was let go last month for what they called "performance issues" but I think it was really because I questioned some safety violations. Now Washington ESD sent me a notice that my employer has contested the claim. Does anyone know what forms employers typically use when they contest unemployment claims? I want to prepare for whatever's coming next and make sure I have all my documentation ready.
53 comments


Jamal Anderson
Employers usually use the Response to Notice of Application for Benefits form when they contest. They have to provide specific reasons and documentation to support their case. The key thing is they need to prove misconduct or that you quit voluntarily.
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Zoe Alexopoulos
•Thanks for the info. Do you know how long I have to respond once they submit their contest?
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Jamal Anderson
•You'll get a notice with the deadline, usually around 10 business days from when Washington ESD sends you the employer's response.
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Mei Wong
been through this before - employers also sometimes use wage records and incident reports as supporting documents. make sure you keep copies of everything you send to esd
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Zoe Alexopoulos
•Good point about keeping copies. I've been documenting everything but wasn't sure what else to expect from their side.
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QuantumQuasar
The employer contest process can be really frustrating, especially when you're trying to get through to Washington ESD to check on your claim status. I was in a similar situation last year and spent weeks trying to reach someone by phone. Eventually I found this service called Claimyr (claimyr.com) that actually gets you connected to Washington ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Made a huge difference when I needed to discuss my contested claim details.
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Zoe Alexopoulos
•That's interesting - I've been trying to call Washington ESD for days with no luck. How does that service work exactly?
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QuantumQuasar
•Basically they handle the calling and waiting for you, then connect you when an agent is available. Saved me hours of holding and getting disconnected.
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Liam McGuire
•Never heard of that but might be worth trying. The regular Washington ESD phone lines are impossible to get through on.
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Amara Eze
Your employer will likely submit Form 5884 (Notice of Separation Information) along with any disciplinary records they have. Since you mentioned safety violations, document everything you can about those incidents - dates, witnesses, any emails or reports you made. That could be crucial for your case.
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Zoe Alexopoulos
•I do have emails where I raised safety concerns. Should I submit those proactively or wait until they ask for them?
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Amara Eze
•Submit them with your initial response. Show you were acting in good faith as an employee concerned about workplace safety.
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Giovanni Greco
OMG this happened to me too and I was SO stressed about it! I kept thinking what if they have some secret evidence I don't know about? What if I did something wrong without realizing it? The whole process is terrifying when you're already dealing with being unemployed.
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Zoe Alexopoulos
•Exactly how I'm feeling right now. It's bad enough being out of work without having to fight your former employer too.
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Fatima Al-Farsi
•The anxiety is the worst part. Try to focus on gathering your facts and timeline - that's what matters most.
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Jamal Anderson
One thing to watch for - employers sometimes submit incomplete or misleading information hoping you won't challenge it. Review everything they submit carefully and point out any inaccuracies in your response to Washington ESD.
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Zoe Alexopoulos
•That's a good point. How detailed should my response be? I don't want to overwhelm them with information but I want to be thorough.
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Jamal Anderson
•Be comprehensive but organized. Use bullet points for key facts and attach supporting documents clearly labeled.
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Dylan Wright
The whole system is rigged against workers. Employers know most people won't fight back so they contest everything hoping to save money on their unemployment insurance rates. It's disgusting.
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Mei Wong
•while that's frustrating, focus on winning your case rather than fighting the whole system
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Dylan Wright
•Easy to say when you're not the one getting screwed over by corporate lawyers.
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Sofia Torres
If safety violations were involved, you might also want to contact L&I (Labor & Industries) if you haven't already. They take workplace safety seriously and having a filed complaint could support your unemployment case.
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Zoe Alexopoulos
•I hadn't thought about involving L&I. Would that strengthen my position with Washington ESD?
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Sofia Torres
•It could show you were acting as a responsible employee. Plus if there were actual safety violations, L&I needs to know anyway.
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GalacticGuardian
just went through adjudication myself - took forever to get resolved but i eventually won. key is providing timeline with dates and any written communication
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Zoe Alexopoulos
•How long did your adjudication take? I'm worried about how long I'll be without benefits.
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GalacticGuardian
•mine took about 6 weeks but i've heard some take longer. depends on how complicated the case is
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QuantumQuasar
For anyone dealing with contested claims, I can't stress enough how helpful it was to actually talk to a Washington ESD adjudicator about my case. That Claimyr service I mentioned earlier made it possible to get through when I couldn't reach them any other way. Sometimes you need that human contact to understand exactly what they need from you.
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Dmitry Smirnov
•How much does something like that cost though? Money's tight when you're unemployed.
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QuantumQuasar
•I found it worth it considering how much time I was wasting trying to call on my own. Plus getting benefits faster made up for any cost.
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Ava Rodriguez
Same thing happened to my friend at her last job. She had documented everything about the unsafe conditions and won her case easily. The employer withdrew their contest once they realized she had evidence.
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Zoe Alexopoulos
•That gives me hope. I did document things as they happened, so hopefully that will help.
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Miguel Diaz
Make sure you understand the difference between misconduct and poor performance. Poor performance usually doesn't disqualify you from unemployment unless it was willful. Sounds like your situation might be retaliation for raising safety concerns.
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Zoe Alexopoulos
•That's exactly what I think it was - retaliation. How do I prove that though?
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Miguel Diaz
•Timeline is crucial. Show when you raised concerns vs when performance issues suddenly appeared. Any witnesses to conversations?
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Zainab Ahmed
Been there! The employer contest process is stressful but remember - they have to prove their case, you don't have to prove your innocence. Focus on providing clear facts and let the evidence speak for itself.
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Zoe Alexopoulos
•That's reassuring. I keep feeling like I have to defend every little thing when maybe I should just stick to the main facts.
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Zainab Ahmed
•Exactly. Clear, factual timeline with supporting documents. Don't get emotional in your written response even though it's frustrating.
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Connor Gallagher
whatever you do don't let them intimidate you with fancy legal language in their forms. most employer contests are just boilerplate trying to scare people into giving up
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Zoe Alexopoulos
•Good to know. I was worried they might have some high-powered lawyer involved.
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Amara Eze
Quick update on the forms - in addition to the separation notice, employers might also submit payroll records showing your last day of work and final pay. This is routine and not necessarily evidence against you, just administrative documentation.
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Zoe Alexopoulos
•Thanks for clarifying that. I was wondering what all the paperwork would include.
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AstroAlpha
I won my contested case last year by organizing everything chronologically. Made it easy for the adjudicator to follow what happened when. Also helped that I could point to specific policy violations by the employer.
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Zoe Alexopoulos
•That's a great approach. I'll organize everything by date and see what patterns emerge.
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QuantumQuasar
•Chronological organization is key. When I finally got through to discuss my case with Washington ESD, having everything organized by date made the conversation much more productive.
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Yara Khoury
Don't forget to request copies of any documents the employer submits if Washington ESD doesn't automatically provide them. You have the right to see what they're claiming.
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Zoe Alexopoulos
•I didn't know I could request copies. How do I do that?
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Yara Khoury
•Call Washington ESD or submit a written request. They should provide everything that's part of your case file.
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Keisha Taylor
The good news is that employer contests fail more often than they succeed, especially when the separation was really about retaliation rather than legitimate performance issues. Stay organized and stick to the facts.
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Zoe Alexopoulos
•That's encouraging to hear. I feel better prepared now after reading everyone's advice.
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Paolo Longo
One last thing - if you end up having to appeal after the initial determination, don't panic. The appeal process gives you another chance to present your case, sometimes with even more thorough review.
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Zoe Alexopoulos
•Hopefully it won't come to that, but good to know there are multiple levels of review if needed.
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QuantumQuasar
•Appeals can actually work in your favor because you get more time to prepare and present evidence. And services like Claimyr can help you stay in contact with Washington ESD throughout the process if you need updates on your appeal status.
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