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Charlie Yang

Employer unemployment tax questions - how does Washington ESD system work for businesses?

I'm starting a small business in Washington and trying to understand how unemployment insurance works from the employer side. I know I need to register with Washington ESD and pay unemployment taxes, but I'm confused about the rates and how claims against my account would work. Do I get notified when former employees file claims? How do I respond to those notices? What happens if I disagree with a claim? Also wondering about the difference between being charged for a claim vs. not being charged - I've heard something about voluntary quits vs. being fired for misconduct but not sure how that affects my account. Any business owners here who can explain the basics?

Welcome to the world of employer unemployment taxes! Yes, you'll need to register with Washington ESD as soon as you have employees. Your initial tax rate will be the new employer rate (currently around 2.7% I think), and it gets adjusted based on your experience with claims. You'll definitely get notices when former employees file - it's called a 'benefit charging notice' and you have 10 days to respond if you want to protest the claim.

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Thanks! So I have to respond within 10 days or the claim gets approved automatically?

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Not exactly - if you don't respond, the claim will be processed based on the information the claimant provided. But if you have reasons why they shouldn't get benefits (like they quit without good cause or were fired for misconduct), you need to respond with documentation.

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The key thing to understand is that not every claim will be charged to your account. If someone quits voluntarily without good cause, gets fired for misconduct, or gets disqualified for other reasons, it won't affect your experience rating. But if they're laid off, reduced hours, or quit for good cause (like unsafe working conditions), then yes, it gets charged to your account and can increase your future tax rates.

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What counts as 'misconduct' that would disqualify them? I assume stealing or not showing up, but what about performance issues?

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Misconduct has to be willful or wanton disregard of employer interests. Poor performance usually doesn't count unless they're deliberately doing bad work. Things like theft, fighting, repeated tardiness after warnings, violating safety rules - those are misconduct. But being bad at the job generally isn't.

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I've been dealing with Washington ESD as an employer for 8 years now and honestly, responding to those benefit charging notices can be a real pain. Half the time when I call to ask questions about a claim, I can't get through to anyone. Recently discovered this service called Claimyr (claimyr.com) that actually helps you get connected to ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Game changer for when you need to discuss complex separation issues.

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Interesting, I'll check that out. Do you find you need to call ESD often as an employer?

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More than I'd like! Sometimes the written response isn't enough and you need to talk to someone to explain the circumstances of why someone left. Especially for tricky situations where it's not clear-cut misconduct.

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Never heard of Claimyr but bookmarking it. The ESD phone system is absolutely terrible.

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Make sure you keep detailed documentation of everything! When someone's performance is poor, document it. When they miss work, document it. When you give warnings or write them up, keep copies. If they file for unemployment later, you'll need all that paperwork to support your response. I learned this the hard way when a former employee got benefits after I fired them for attendance issues, but I didn't have enough documentation to prove the pattern.

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Good point about documentation. Should I be doing this from day one with new hires?

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Absolutely. Keep attendance records, performance reviews, any disciplinary actions. You never know when someone might leave and file a claim. Better to have it and not need it than need it and not have it.

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ugh the unemployment system is such a mess from the employer side too. I swear Washington ESD makes it as confusing as possible on purpose. like why cant they just have clear guidelines about what qualifies as misconduct instead of making us guess??

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The guidelines are actually pretty clear in the employer handbook, but every situation is different. That's why they review each case individually.

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maybe for you but ive been scratching my head over some of these decisions. had someone who was constantly late get approved for benefits because i didnt have 'sufficient warnings' documented. how many warnings do you need??

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One thing that surprised me as a new employer was learning about 'voluntary quit with good cause.' I thought if someone quit, they automatically wouldn't get benefits, but there are actually lots of reasons someone can quit and still be eligible. Things like harassment, unsafe conditions, significant changes to job duties, even in some cases reduction in hours or pay. It's not just about whether they initiated leaving.

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That's really helpful to know. So even if I think someone 'quit', they might still be eligible for benefits?

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Exactly. That's why it's important to respond to the charging notice with your side of the story. If you know they quit because they found a better job, say that. If there were other circumstances, explain those too.

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Your unemployment tax rate will change each year based on your 'experience rating' - basically how many claims have been charged to your account versus your total wages. New employers start at the standard rate, but if you have a lot of successful claims charged to you, your rate goes up. If you have few or no chargeable claims, it goes down. The minimum rate for experienced employers is much lower than the new employer rate.

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How long does it take to get an experience rating? When do I stop being a 'new employer'?

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I think it's after you've been liable for unemployment taxes for at least two years and have sufficient wage history. Then they calculate your experience rating based on the ratio of benefits charged to total wages over the rating period.

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Just went through this whole process last year when I had to lay off two employees due to budget cuts. The charging notices came pretty quickly after they filed, maybe within a week or two. I didn't contest them since it was a legitimate layoff, and the claims were charged to my account. My tax rate did go up the following year, but not by a huge amount since my total wage base was pretty high compared to the benefit charges.

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Did you have to provide any documentation for the layoffs, or was it pretty straightforward?

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Since I wasn't contesting the claims, I just confirmed the separation reason and dates. If you're not arguing that they shouldn't get benefits, the process is much simpler.

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watch out for seasonal employees too! if you have workers who come and go regularly like in retail or hospitality, their claims can still be charged to your account even if the separation was expected. I made the mistake of thinking seasonal layoffs wouldn't count but they definitely do unless there's a specific agreement about returning to work.

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Good to know! I might have some seasonal help during busy periods.

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yeah just budget for it. seasonal claims are usually legitimate so don't waste time trying to contest them unless there's actually misconduct involved

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The timing of when you respond to charging notices is really important. You get that notice, you have 10 days to respond if you want to protest. But even if you don't protest initially, you can still participate in any appeal hearing if the claimant appeals a disqualification. The key is staying engaged in the process if you have legitimate concerns about the claim.

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What happens at an appeal hearing? Do I need a lawyer?

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You can have a lawyer but it's not required. It's usually done by phone, and you just present your evidence and testimony about why the person shouldn't get benefits. The administrative law judge asks questions and makes a decision.

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Been running a small business for 15 years and honestly, most of the time it's not worth fighting unemployment claims unless it's really clear-cut misconduct. The time and energy you spend on hearings and appeals usually costs more than just accepting the charge to your account. Pick your battles wisely.

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That makes sense from a practical standpoint. How much do rates typically increase if you have claims charged?

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It depends on your wage base and claim history, but for a small employer, one or two claims usually don't cause a dramatic increase. It's when you start having multiple claims or high-dollar claims that it really impacts your rate.

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Don't forget about the appeals process! If ESD makes a decision you disagree with - whether they approve or deny the claim - you can appeal. Sometimes they'll approve a claim initially but when you provide more information at a hearing, the decision gets reversed. I've had success appealing cases where the initial decision didn't consider all the facts.

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How long do appeals take to resolve?

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Usually a few weeks to get a hearing scheduled, then you get the decision pretty quickly after that. The whole process might take 2-3 months total, but every case is different.

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Quick tip: when you're filling out the response to a charging notice, be specific and factual. Don't just say 'fired for misconduct' - explain exactly what they did, when it happened, what warnings were given, what policies were violated. The more specific information you provide, the better chance you have if the claim goes to a hearing.

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Should I attach documentation to the response form?

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Yes, definitely! Attach any relevant write-ups, attendance records, policy violations, witness statements, whatever supports your case. Make it easy for the adjudicator to understand what happened.

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I actually used that Claimyr service someone mentioned earlier when I needed to talk to ESD about a complex separation issue. The employee claimed they quit due to harassment but it was actually a performance termination. Couldn't get through on the regular phone lines for days, but Claimyr got me connected within an hour. Definitely worth it when you need to explain nuanced situations.

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Did it help resolve your case faster?

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I think so. Being able to actually talk to someone and explain the timeline of events made a big difference. The written response can only capture so much detail.

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Something else to keep in mind - if you're a new employer, your first few years are really important for establishing your experience rating. Try to avoid situations that lead to chargeable claims if possible. Good hiring practices, clear policies, proper documentation, and treating employees fairly can help prevent a lot of problems down the road.

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Any specific policies you'd recommend having in place from the start?

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Clear attendance policy with progressive discipline, performance standards, code of conduct, safety policies if applicable. Make sure employees know what's expected and what the consequences are for not meeting expectations.

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the whole unemployment system is just broken honestly. spent hours dealing with a claim from someone who literally walked off the job because they didnt like their schedule, and they still got benefits because i supposedly didnt prove it was 'misconduct.' like what more do you need than them abandoning their job?

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Job abandonment can be tricky to prove. You usually need to show they were scheduled to work, didn't show up, and didn't communicate with you. How long between their last day and when you considered it abandonment?

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they were no call no show for 3 days then texted saying they quit. thought that would be enough but apparently not

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For anyone just starting out as an employer, I'd recommend getting familiar with the Washington ESD employer handbook. It explains all the rules about misconduct, voluntary quit, suitable work, everything you need to know. Also sign up for their online services so you can submit responses electronically instead of mailing paper forms.

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Thanks for the tip about online services. Is there a separate login for employers vs. employees?

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Yes, employers use a different system called eServices. You'll get login credentials when you register your business with ESD.

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Remember that even if a claim gets charged to your account, it doesn't necessarily mean you did anything wrong. Sometimes people get laid off due to economic reasons, business closure, lack of work, etc. Those are legitimate reasons for unemployment benefits and the system is working as intended. It's the fraudulent or improper claims you want to contest.

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That's a good perspective. I guess I was thinking any claim would be bad, but you're right that sometimes it's just the nature of business.

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Exactly. The unemployment system is insurance for both employees and employers. Sometimes you pay claims, sometimes you don't, but overall it provides stability to the workforce.

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Last thing I'll add - keep track of your quarterly wage reports and tax payments. Make sure you're reporting wages accurately and paying on time. Penalties for late reporting or payment can add up quickly, and you need accurate wage records for the experience rating calculation. Also, if you ever have questions about a specific claim, that Claimyr service really does work well for getting through to ESD agents when the regular phone lines are jammed.

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This has all been incredibly helpful. I feel much more prepared to handle the employer side of unemployment now. Thanks everyone!

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You're welcome! It seems complicated at first but once you get the hang of it, it becomes routine. Good luck with your new business!

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