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Employer lied about firing reason to ESD - can I report this fraud?

I just had my ESD fact-finding interview yesterday and I'm honestly shocked at what happened. My former employer told the adjudicator that I was terminated for 'misconduct' because I supposedly abandoned my job. That's completely untrue! I was fired after questioning a new policy that cut everyone's hours by 35% while expecting the same workload. They even sent me a termination letter stating 'staff reduction' as the reason. Does my employer benefit financially by lying to ESD about why I was let go? I know their UI tax rate can increase when former employees collect benefits, but is there an extra incentive to claim misconduct? More importantly - how do I fight this? I have the termination letter, text messages with my supervisor acknowledging the real reason, and even emails discussing the policy change that led to my termination. Can I report them for misrepresenting facts to ESD? Is there a fraud department or something?

Paolo Longo

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Yes, your employer absolutely benefits from lying. If they can get ESD to believe you were fired for misconduct, you'll be disqualified from receiving benefits which means their UI tax rate won't increase. This is unfortunately common. You need to appeal immediately if you get a denial! Submit all your evidence - the termination letter showing 'staff reduction', those texts, and emails. The appeals process favors claimants who have documentation. They'll schedule a hearing with an Administrative Law Judge where both you and your employer will testify. As for reporting them, when you appeal, you're essentially reporting the misrepresentation. The judge will see the contradictory statements. There's also an ESD fraud hotline at 800-246-9763, but I'd focus on your appeal first.

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Keisha Johnson

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Thank you for this information! I'll definitely appeal if they deny me. I'm just so frustrated because I worked there for over 3 years with perfect attendance and now they're trying to paint me as someone who abandoned their job. Is there anything specific I should say during the hearing to be more convincing?

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CosmicCowboy

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omg this happened to me LAST YEAR!!! my manager told ESD i was on my phone all the time (NOT TRUE!!!) when they actually eliminated my position. i had to fight for MONTHS to get my benefits. make sure u get EVERYTHING in writing and keep copies of EVERYTHING!!!!!

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Amina Diallo

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Same! My boss said I was "insubordinate" when they really just hired the owner's nephew to replace me. I won my appeal though. The judge could tell they were lying.

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Oliver Schulz

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When your employer provides false information about your separation, they're attempting to avoid an increase in their unemployment insurance tax rate. Companies pay UI taxes based partly on their claims history - more claims = higher rates. Here's how to handle this: 1. Respond thoroughly to the fact-finding questionnaire if you haven't already 2. If denied, file an appeal within 30 days (don't miss this deadline!) 3. Prepare all documentation showing the real reason for separation 4. During your hearing, stick to facts rather than emotions 5. Be prepared to explain the chronology of events clearly The burden of proof for misconduct falls on the employer. They must prove you deliberately violated a policy you knew about. Your documentation showing "staff reduction" as the reason directly contradicts this. And yes, you can report potential fraud to the ESD fraud hotline (800-246-9763) or online at esd.wa.gov/fraud, but your appeal will likely address this issue anyway.

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Keisha Johnson

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This is incredibly helpful! I've already started organizing my documents in chronological order and made copies of everything. The fact-finding interviewer seemed skeptical of my employer's claims, but I'm still nervous about the outcome. Do I need to hire an attorney for the appeal hearing?

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Natasha Orlova

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Having been through this exact situation, I can tell you appealing is absolutely worth it. My employer claimed I violated company policy, but at the hearing, they couldn't produce any written policy or evidence I even knew about it! One tip: try calling ESD to check on your claim status while waiting. Good luck getting through though - I spent WEEKS trying to reach someone. Eventually I found this service called Claimyr (claimyr.com) that got me connected to an ESD agent in about 25 minutes instead of spending hours redialing. You can see how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Being able to speak directly with someone at ESD made a huge difference in understanding exactly what documentation they needed for my appeal. They even noted in my file that my employer's story had inconsistencies.

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Javier Cruz

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Is that Claimyr thing legit? Sounds too good to be true. I've been trying to reach ESD for 2 weeks about my adjudication

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Natasha Orlova

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Yes, it's legitimate. I was skeptical too, but it actually worked. Saved me from the endless busy signals and getting hung up on. Made the whole appeal process less stressful when I could actually talk to someone about my case.

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Emma Wilson

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employers ALWAYS lie!!! the system is rigged against workers!!! i lost my appeal even with proof because the judge was biased. this whole unemployment system is corrupt!!!

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Paolo Longo

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I'm sorry you had that experience, but it's not always the case. I've represented claimants in dozens of appeals, and judges usually side with the employee when there's solid documentation contradicting the employer's claims. The key is presenting evidence systematically and responding calmly to questions.

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Malik Thomas

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Make sure the termination letter specifically says "staff reduction" and not something vague that could be interpreted differently. My boss tried playing word games on my termination paperwork but thankfully I had email evidence showing the real reason. Also document exactly who told what to ESD - get names and dates if possible. I think there's a way to request a copy of your full claim file to see exactly what was said.

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Keisha Johnson

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Good point about requesting my claim file. The termination letter does specifically say "staff reduction due to departmental reorganization" so that's pretty clear. I've also got the names of everyone involved including my direct supervisor who admitted in texts that the policy dispute was the real reason.

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Oliver Schulz

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One more important point: During your appeal hearing, focus exclusively on the facts related to your separation. Many claimants make the mistake of going off on tangents about other workplace issues or how unfair the company was in general. The judge only cares about: 1. The actual reason you were separated 2. Whether that reason constitutes misconduct If the employer claimed you abandoned your job, they need to show you were absent without approval and failed to follow call-in procedures. Your evidence showing a "staff reduction" directly contradicts this. Also, if your claim is initially denied due to the employer's statements, you can still receive all back benefits if you win on appeal. Make sure to continue filing your weekly claims while waiting for the appeal decision!

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Keisha Johnson

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Thank you for this additional advice. I'll be sure to stick to the specific facts about my separation and not get sidetracked. And I'll definitely keep filing my weekly claims even if I get denied initially. I appreciate everyone's help with this!

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