Former employer lying about termination reason to ESD - fighting false claims in my unemployment case

Oh yeah, been there! My boss said I "abandonded my job" when actually they cut my hours to almost nothing trying to make me quit. They told ESD I just stopped showing up which was a total lie! You gotta gather EVERYTHING - emails, text messages, performance reviews, anything showing you were in good standing. Also get statements from coworkers if any are willing to speak up for you. The adjudicator will call both sides and interview you. BE CALM during that call even if your blood is boiling. If you get emotional they might think your defending yourself too hard. I won my case btw. ESD saw through their BS eventually.

This happens more often than you'd think. When an employer contests a claim, ESD is required to investigate both sides. The good news is that in Washington, the employer has the burden of proof when they allege misconduct. A few important points: 1. Misconduct has a specific legal definition for UI purposes - it's not just any reason an employer doesn't like 2. Document timeline of events in detail before your adjudication interview 3. Stick to factual statements only - avoid emotional language or accusations 4. If denied, you have the right to appeal to the Office of Administrative Hearings I recommend reviewing the ESD Handbook section on misconduct disqualifications so you're prepared for questions they'll ask: https://esd.wa.gov/unemployment/handbook

my boss did the EXACT same thing!!!! said i was always late when i had punch cards proving i wasnt. i got denied at first but then i appealed and won. they just make stuff up because they dont want their UI taxes to go up!!!! its such BS. make sure u appeal if u get denied the first time, lots of people win on appeal.

The same thing happened to my neighbor and she was denied benefits initially. The whole system is rigged to favor employers. They can say whatever they want and ESD believes them because they pay into the system. It's totally unfair how they treat regular workers.

I've been trying to reach ESD for weeks about a similar situation and it's impossible to get through! After 50+ calls and being hung up on repeatedly, I discovered a service called Claimyr (claimyr.com) that got me through to an ESD agent in under 25 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 When I finally talked to an agent, they explained exactly what evidence they needed to counter my employer's false statements. Made a huge difference in my case. Sometimes you just need to talk to an actual person at ESD to understand what's happening with your claim.

To answer your question about adjudication timing - it varies widely right now. Some claims are resolved in 2-3 weeks, while others can take 6-8 weeks depending on complexity and current workload. If your financial situation is becoming dire while waiting, you can request a hardship expedition, though these are only approved in specific circumstances. Regarding evidence, contemporaneous documentation is strongest - emails, texts, or notes written at the time events occurred carry more weight than statements written after termination. Also helpful are witness statements, especially from supervisors or HR personnel if possible.

My brother had something similar happen at his warehouse job last year. The company claimed he damaged equipment on purpose but it was actually broken before his shift even started. He ended up having to go to a hearing thing with a judge. Kind of like court but over the phone. He won because the company couldn't prove anything. Just stick to your story and don't get flustered when they question you.

Some practical advice that might help your case specifically: 1. If the new manager only started 3 weeks before terminating you, this actually supports your narrative that the termination was about bringing in their own team rather than your performance. Point this out in your adjudication interview. 2. If you have performance reviews or positive feedback from before the new manager arrived, these documents establish a pattern of satisfactory work that was only "disrupted" after the new manager arrived. 3. Request your personnel file from HR immediately if you haven't already. By law, employers in Washington must provide this within 10 business days. This may contain documentation that contradicts their current claims. 4. If the "policies" they claim you violated weren't clearly communicated, that's important to emphasize. For UI purposes, employees generally need to be aware of expectations before being held accountable for them. 5. Document the timing of events carefully - when the new manager started, any changes in your duties or treatment, the termination meeting details, etc. A clear timeline often reveals inconsistencies in employer claims.

i had 2 go thru this last year my boss said i was on my phone all day but actully they just didnt have enough work. took 9 weeks to get any money but i won because they couldnt prove anything. the waiting is the worst part fr

One thing nobody mentioned yet - check your social media accounts and make sure there's nothing there your employer could use against you! My friend got denied because she posted something about being glad to be fired from her "horrible job" and the employer used it as evidence she wanted to leave. Delete anything questionable NOW before your hearing!