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Teresa Boyd

How does Washington ESD unemployment work for employers - confused about the whole process

I'm a small business owner in Washington and I'm trying to understand how the unemployment system actually works from the employer side. I know I pay into Washington ESD but I'm honestly confused about the whole process. When an employee files for unemployment, what exactly happens? Do I get notified? Can I contest it? What are my responsibilities? I've never had to deal with this before and want to make sure I'm handling everything correctly.

As an employer in Washington, you'll receive a 'Notice of Application for Benefits' from Washington ESD when someone files a claim listing you as their employer. You have 10 days to respond with any information about why they left (quit vs fired, misconduct, etc.). This is super important because it affects whether they get benefits and impacts your experience rating.

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Thanks! So I definitely need to respond within those 10 days? What happens if I miss the deadline?

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If you miss the 10-day deadline, Washington ESD will make their decision based on the information they have from the claimant. You can still provide information later, but it's much harder to change the decision once it's made.

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The key thing to understand is that Washington ESD unemployment is an insurance program. You pay premiums based on your payroll, and your rates can go up or down based on how many claims are filed against your account. It's called 'experience rating' - basically the more claims you have, the higher your rates become.

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That makes sense. So if I have a lot of employees file for unemployment, my rates go up? Is there a way to keep rates low?

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Exactly. The best way to keep rates low is to contest invalid claims and maintain good employment practices. If someone quits without good cause or is terminated for misconduct, they shouldn't get benefits.

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I've been dealing with Washington ESD for years and the most frustrating part is getting through to them when you need to discuss a claim. The phone lines are constantly busy and sometimes you really need to talk to someone about a complex situation. I recently started using a service called Claimyr (claimyr.com) that helps you get through to Washington ESD agents - they have this demo video that shows how it works: https://youtu.be/7DieNd3C7zQ. Game changer for busy employers who can't spend hours on hold.

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Interesting, I'll check that out. The thought of spending hours on hold with Washington ESD sounds awful.

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Never heard of Claimyr before but anything that helps with Washington ESD phone issues sounds useful. Their hold times are ridiculous.

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wait so as an employer do I have to pay for unemployment benefits directly or is it just the taxes I pay?? this is confusing

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You don't pay the benefits directly - you pay unemployment insurance taxes to Washington ESD quarterly. Those taxes fund the benefit payments. Your tax rate depends on your experience rating.

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oh ok that makes more sense thanks

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Here's what you need to know: Washington ESD will send you Form 5208 (Notice of Application) when someone files. You respond with Form 5210 (Employer Response) within 10 days. Include documentation like termination notices, disciplinary records, attendance records, etc. Be factual and stick to the facts - don't editorialialize.

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Are there specific things I should document during employment to protect myself later?

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Absolutely. Document attendance issues, performance problems, policy violations, warnings given, training provided. Keep records of resignation letters or termination meetings. Good documentation is your best defense.

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I fired someone last month for stealing and they filed for unemployment anyway!! Can you believe that? Now I have to deal with Washington ESD and prove they were terminated for misconduct. This system is so frustrating.

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Theft is definitely misconduct that disqualifies someone from benefits. Make sure you provide Washington ESD with all documentation - police reports, witness statements, security footage, etc. They should deny the claim.

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I sent everything to Washington ESD but haven't heard back yet. How long does this adjudication process usually take?

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Misconduct cases can take 4-6 weeks for adjudication. Washington ESD has to investigate thoroughly. Stay on top of it and follow up if needed.

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One thing people don't realize is that you can appeal Washington ESD decisions if you disagree. If they approve benefits and you think they shouldn't have, you have 30 days to file an appeal. Goes to an administrative law judge for a hearing.

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Good to know! What happens during these appeal hearings?

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It's like a mini court proceeding over the phone. You present your evidence, the claimant presents theirs, judge asks questions, then makes a decision. Having good documentation is crucial.

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Another tip for employers - make sure you're registered for Washington ESD's online services. You can check your account, view claims, submit responses electronically. Much easier than dealing with paper forms and mail delays.

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I should definitely set that up. What's the website?

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It's through SecureAccess Washington (SAW) - same login system Washington ESD uses for everything. You'll need your UBI number and some other business info to register.

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my experience with washington esd has been terrible they approved benefits for someone who quit without notice and didnt even look at the evidence i sent them

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That's frustrating. Did you appeal the decision? Sometimes the initial determination is wrong but gets corrected on appeal.

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yeah i appealed and won but it took months and cost me money in higher premiums in the meantime

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The seasonal employer rules are different too if that applies to your business. Some seasonal businesses can get a different rate structure or have claims charged differently. Worth looking into if you have seasonal fluctuations.

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I'm not seasonal but good to know. Seems like there are a lot of special rules and situations.

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Washington ESD also audits employers periodically to make sure you're paying the right amount of taxes and classifying workers correctly. Independent contractors vs employees is a big issue - make sure you're classifying people correctly or you could owe back taxes.

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Oh wow, I use some contractors. How do they determine if someone should be classified as an employee?

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It's complex but generally about control - if you control how, when, and where they work, they're probably employees. There's a specific test Washington ESD uses.

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Been an employer for 15 years and honestly the Washington ESD system isn't that bad once you understand it. The key is responding promptly and keeping good records. Most problems come from employers who ignore the notices or don't provide enough documentation.

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That's reassuring to hear from someone with experience. Any other tips for a new employer?

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Stay organized, respond to everything promptly, be factual not emotional in your responses, and don't take it personally when people file claims. It's just part of doing business.

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I had a situation where an employee was laid off but then found another job before their first unemployment payment. Washington ESD still charged the claim to my account even though no benefits were paid. Had to fight that one.

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That shouldn't happen if no benefits were actually paid. Did you get it resolved?

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Eventually yes, but it took several phone calls and emails. Another case where having a way to actually reach Washington ESD staff would have helped.

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Speaking of reaching Washington ESD, I mentioned Claimyr earlier but wanted to add that it's been especially helpful for complex employer situations where you really need to discuss details with an agent. Much better than the generic online forms for nuanced cases.

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I bookmarked their site. Sounds like it could save a lot of time and frustration.

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Don't forget about the work search requirements either. If you're contesting a claim, sometimes Washington ESD will approve it but the person still has to meet work search requirements to keep getting benefits. That's between them and Washington ESD though.

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Good point. So even if they get approved, they still have to actively look for work?

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Exactly. Washington ESD requires job search activities each week. If they don't comply, benefits can be stopped.

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this whole thread has been really helpful! I'm starting my first business next year and had no idea about any of this employer stuff with unemployment.

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Make sure you register with Washington ESD when you start hiring employees. You'll need to start paying unemployment taxes once you meet certain thresholds.

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thanks will definitely do that

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One last thing - keep in mind that Washington ESD decisions can affect your business reputation too. If you contest every claim just to be difficult, word gets around. Only contest when you have legitimate grounds.

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That's a good point about reputation. I want to be fair but also protect my business interests.

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Exactly the right attitude. Be fair and factual, but don't be afraid to contest invalid claims. It's part of the system.

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The whole experience rating thing can really add up over time. I know employers who saw their rates double because they didn't contest questionable claims early in their business. It's worth paying attention to.

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Wow, doubled rates? That could really hurt a small business. Definitely going to be proactive about this.

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Great discussion everyone. The main takeaways for new employers: 1) Respond to Washington ESD notices within 10 days, 2) Keep good employment records, 3) Contest invalid claims to protect your experience rating, 4) Use the online system when possible, 5) Appeal if you disagree with decisions. Washington ESD isn't perfect but the system works if you understand it.

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Perfect summary, thank you! This has been incredibly helpful for understanding the employer side of unemployment.

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Agreed, this thread should be pinned or something. Lots of good practical advice here.

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And remember, if you do need to reach Washington ESD by phone for complex issues, services like Claimyr can save you hours of hold time. Sometimes you just need to talk to a human to get things sorted out properly.

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Definitely keeping that option in mind. Thanks everyone for all the helpful information!

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