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!

I went through almost the exact same situation 6 months ago! My former employer claimed I was "insubordinate" and "violated safety protocols" - complete fabrications because they were doing layoffs but didn't want to call it that. Here's what worked for me: I wrote a detailed chronological statement of everything that happened, focusing only on facts and dates. I included every email, text, and document I could find that showed I was doing my job properly. Most importantly, I stayed calm during the adjudication interview even though I was furious about their lies. The key thing is that ESD looks for consistency in stories and evidence to back up claims. Your employer has to prove their allegations with specific examples and documentation. If they're just making vague accusations without proof, that actually works in your favor. My claim took about 4 weeks to resolve, and I was approved. The adjudicator told me that employers who fabricate reasons often can't provide concrete evidence when pressed for details. Stay strong and stick to the facts - you've got this!

I'm dealing with something very similar right now - my former employer is claiming I was "frequently absent" when I only called in sick twice in 8 months and both times I followed their policy exactly. They're just trying to avoid their unemployment tax increase. One thing that's helping my case is I kept screenshots of my work schedule and attendance records on the employee portal before they terminated my access. Also saved all the text exchanges with my supervisor about those sick days. The adjudicator I spoke with seemed really interested in the timeline and kept asking my employer for specific dates and documentation during their interview. Apparently they couldn't provide much concrete evidence beyond their initial statement. Don't give up hope - from what I've seen in this community, a lot of these employer fabrications fall apart when ESD actually investigates them thoroughly. The truth usually comes out during the process.

I'm going through the exact same nightmare right now! My former employer is claiming I was "disruptive to team morale" and "failed to follow supervisor instructions" - none of which ever happened. The reality is they hired a new department head who wanted to restructure and bring in their own people, but they're making up these bogus misconduct claims to contest my unemployment. What's really frustrating is that I have zero documentation of any disciplinary actions or performance issues because there weren't any! I had good performance reviews and never received any warnings. It's like they're banking on ESD just taking their word for it. I've been in adjudication for 3 weeks now and I'm stressed beyond belief. Reading through everyone's experiences here gives me some hope though. It sounds like a lot of employers try this tactic but can't actually back up their claims when pushed for specifics. I'm gathering every piece of positive feedback I can find - emails praising my work, my last performance review, even thank you messages from clients. Hopefully that will be enough to show their claims are baseless. This whole process is so anxiety-inducing when you're already dealing with job loss!

I'm so sorry you're going through this - it's incredibly frustrating when employers fabricate reasons to avoid paying unemployment! I went through something similar last year where my boss claimed I was "unprofessional with customers" when actually they were just cutting costs and didn't want to admit it was a layoff. Here's what really helped my case: I documented EVERYTHING in chronological order, including dates, times, and any witnesses present. Since you mentioned the new manager wanted their own team, that's actually a really strong point in your favor - it shows the real reason for termination wasn't your performance or conduct. A few things that made a difference for me: - I requested my complete personnel file from HR (they have to provide it within 10 days in WA) - I gathered any positive feedback, emails, or performance reviews from before the new manager arrived - I stayed factual and calm during my adjudication interview, never getting emotional even though I was furious The adjudicator ended up approving my claim because my employer couldn't provide specific evidence of their accusations - just vague statements. It took about 5 weeks total but I got all my back pay. Don't lose hope! Employers who lie often can't back up their claims when ESD digs deeper. You've got this!