Fired for reporting illegal tip theft - now stuck in ESD adjudication - will they believe me?

You absolutely need to mention the L&I complaint to the adjudicator! This is crucial evidence that supports your side of the story. ESD doesn't automatically side with employers, especially if there's evidence of retaliation for reporting illegal activities (which is what this sounds like). Make sure you: 1. Document the exact timeline of events (when you reported the tip theft, when you were fired) 2. Get statements from coworkers if possible who can verify your story 3. Provide the L&I case number to ESD 4. Submit any written communications about the tip issue or your termination You should also know that being fired for reporting illegal activity is considered retaliation and generally qualifies you for unemployment benefits. This is whistleblower protection. Don't panic yet - adjudication can take 3-6 weeks sometimes, but with proper documentation, you have a strong case.

I'm going through almost the EXACT same thing right now!!! My boss fired me after I reported safety violations and claimed it was for "attendance issues" even though I had no prior warnings. Been stuck in adjudication for 5 WEEKS with bills piling up. The stress is unreal. Have you been able to get through to anyone at ESD besides that one time? I've called like 50+ times and keep getting disconnected.

I had success getting through to ESD using Claimyr.com - it's a service that holds your place in line and calls you when an agent is available. Saved me hours of frustration after weeks of trying to get through. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Regarding your case, I went through something similar last year. ESD actually ruled in my favor even though my employer lied about why they fired me. The adjudicator asked for my side, I provided documentation (emails and witness statements), and they approved my claim. The key was having evidence beyond just my word against theirs.

u should def tell them about the L&I thing!! my cousin had something similar happen at a construction job and the adjudicator decided in his favor. took like a month tho so hang in there

As someone who's handled several ESD appeals (I'm not a lawyer but have assisted friends through the process), I want to clarify a few things: 1. Misconduct disqualifications require the employer to prove you knowingly violated a reasonable company policy. If you were terminated for whistleblowing about illegal activity, that is NOT misconduct under UI law. 2. Document EVERYTHING. Screenshots of texts, emails, names of witnesses, dates of incidents, etc. 3. If your claim is denied, you have 30 days to file an appeal - and many initial denials get overturned at appeal. 4. When the adjudicator calls, be calm and stick to facts. Don't get emotional or trash-talk your former employer. 5. The L&I complaint is extremely relevant - it establishes a pattern and shows you were acting in good faith. In these cases, ESD doesn't inherently favor either side. They look at evidence and apply the law. Since tip theft is illegal in Washington, reporting it would not constitute misconduct. Good luck!

Not to be negative but my employer lied about why they fired me too and ESD sided with them initially. Had to appeal and wait ANOTHER 6 weeks before getting a hearing with an administrative law judge. The system is stacked against workers IMO. Hope you have a different experience but just be prepared for a long battle.

i went thru adjudcation last month and it took foreverrrrr!!!! but i finally got approved. my employer said i quit but i was actually laid off and i had to prove it. the wichtblower thing is different but if u have that L&I thing thats good proof right there. make sure u answer ur phone even if u dont recognize the number cuz thats how they contact u!!!

One additional thing - keep filing your weekly claims during the entire adjudication process! Even if your status is pending, you must keep filing each week. If you don't and then get approved later, you won't be paid for weeks you didn't file. I've seen people make this mistake and lose out on thousands in benefits they should have received.

My brother works for a restaurant and had same problm with tips getting stolen but he just quit instead of getting fired. ESD denied him because quitting is different I guess? So maybe youre in a better position since they fired you. But I think its crazy how long they make people wait while bills still need to be paid! The whole system is messed up if you ask me.

Has ANYONE from ESD actually contacted you yet for your side of the story??? I'm on week 6 now of adjudication and literally no one has called me or sent me any messages asking for my version of events. How are they even making decisions if they don't talk to both sides?!?