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Elijah Knight

How long does a protest take for unemployment - Washington ESD timing?

I'm trying to figure out the typical timeline for unemployment protests in Washington. Filed my initial claim about 6 weeks ago and got approved, but then my former employer submitted a protest saying I was fired for misconduct (which isn't true - I was laid off due to budget cuts). Washington ESD sent me a notice about the protest last week asking for my side of the story, which I submitted immediately with documentation. Now I'm just waiting and my weekly claims are on hold. Does anyone know how long these protest investigations usually take? I'm getting really stressed about my bills piling up.

Protests can take anywhere from 4-8 weeks typically, sometimes longer if Washington ESD needs additional documentation. The good news is if you win the protest, you'll get back pay for all the weeks you were on hold. Make sure you keep filing your weekly claims even though you're not getting paid - this preserves your claim dates.

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Thanks for the info! I have been filing my weekly claims still. Do you know if there's any way to speed up the process?

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Not really, but you can check your account online periodically for updates. Sometimes they'll request additional info which can delay things if you don't respond quickly.

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ugh same situation here but going on week 10 now. employer said i quit but i was actually terminated. so frustrating

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10 weeks?? That's terrible. Have you tried calling them to check on status?

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tried calling dozens of times but always busy signal or get disconnected after waiting forever

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I went through this last year and it took about 6 weeks for Washington ESD to make a decision on my employer's protest. The key is having good documentation. I had emails showing my layoff was due to company restructuring, not performance issues. Won the protest and got all my back pay. If you have any paperwork from your employer about the layoff, make sure Washington ESD has copies.

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That's encouraging to hear you won! I do have the layoff notice they gave me and some emails about the budget cuts. Hopefully that's enough evidence.

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Did you have to do a phone interview or hearing as part of the protest process?

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No phone interview in my case - they made the decision based on the written documentation from both sides. But I think they do phone interviews if the evidence is conflicting.

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If you're having trouble getting through to Washington ESD about your protest status, there's actually a service called Claimyr that can help you reach them. I used it when I was dealing with my own adjudication issues and it saved me hours of calling. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows exactly how it works. Basically they handle the calling and waiting for you.

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Never heard of that service before. Is it legit? How much does it cost?

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Yeah it's legitimate, I was skeptical too at first. They don't ask for your personal info or anything sketchy. The focus is just on getting you connected to an actual Washington ESD person instead of dealing with busy signals.

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Interesting, might have to check that out. I've wasted so many hours trying to get through to ESD.

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The Washington ESD protest process is honestly a nightmare. They're supposed to make decisions within a "reasonable time" but what's reasonable to them seems to be months. Meanwhile people can't pay rent or buy groceries. The whole system needs an overhaul.

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Totally agree. It's like they don't understand people have bills to pay while waiting for their decision.

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Yeah it really is stressful. I'm trying to stay patient but it's hard when you don't know when you might get an answer.

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Question about protests - if the employer doesn't respond to Washington ESD's request for information, does that help your case? My former boss is pretty disorganized so I'm wondering if they might just ignore it.

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If the employer doesn't provide evidence to support their protest within the timeframe Washington ESD gives them, it can definitely help your case. They can't just make claims without backing them up.

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That's what I was hoping. Fingers crossed they don't respond then!

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Been there with the protest situation. Mine took 7 weeks but I eventually won. The waiting is the worst part because you don't know if you should look for any job or hold out for something better. At least with regular unemployment you know you're getting paid while job searching.

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Exactly! I'm in this weird limbo where I don't know if I should take a lower paying job or wait it out. Did you keep job searching during your protest?

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I kept looking but was more selective since I wasn't getting any income anyway. Probably should have been more aggressive about it in hindsight.

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Pro tip: document everything during this process. Keep records of when you submitted your response, what documents you sent, any communication from Washington ESD. If they lose something or claim they didn't receive it, you'll have proof.

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Good advice! I did save copies of everything I submitted. Should I send it certified mail or is online submission okay?

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Online submission through your Washington ESD account is fine and actually preferred. You get a confirmation that it was received.

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What happens if you lose the protest? Do you have to pay back any benefits you already received?

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If you lose the protest, Washington ESD will determine you were overpaid and yes, you'd have to pay back any benefits. But you can appeal that decision if you disagree with it.

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Ugh that's scary. So you're basically gambling with money you might have to give back.

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That's why it's so important to be honest and have good documentation. Don't claim benefits if you know you're not eligible.

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I'm dealing with something similar but my employer is claiming I was a no-show for three days. Problem is I was actually in the hospital and had called in sick. Submitted my hospital records to Washington ESD but still waiting. It's been 5 weeks so far.

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That's awful that they're fighting your claim when you have medical documentation! Hopefully Washington ESD sees through their BS.

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Medical records should definitely be strong evidence in your favor. Did you also submit any call logs or texts showing you tried to contact your employer?

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Yeah I included screenshots of my calls and a text I sent to my supervisor. Hopefully it's enough.

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The protest timeline can also depend on how complex your case is. Simple cases where the facts are clear might resolve faster, but if there are multiple issues or conflicting stories it takes longer. Sounds like yours should be straightforward if you have layoff documentation.

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That makes sense. Mine should be pretty cut and dry since I have the official layoff notice from HR.

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Another thing to remember is that even during the protest, you still need to be actively searching for work and reporting it on your weekly claims. Don't slack off on job search requirements just because you're not getting paid yet.

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Good point, I've been keeping up with my job search log. Didn't want to give them any other reason to deny my claim.

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Smart thinking. Washington ESD can be picky about job search compliance.

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I used that Claimyr service someone mentioned earlier when I needed to check on my protest status. Actually worked pretty well - got through to someone at Washington ESD in about 20 minutes instead of spending hours calling myself. They were able to tell me my case was still under review but should be decided within the next two weeks.

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That's really helpful to know! I might try that if I don't hear anything in the next week or so.

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Did they charge you for the service? Trying to decide if it's worth it.

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They do charge but it was worth it to me to avoid the frustration of constant busy signals. The peace of mind of actually talking to someone was valuable.

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One more thing - if your protest gets denied, you have the right to appeal to an administrative law judge. That's a whole different process but at least you get a hearing where you can present your case in person (or over the phone).

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Hopefully it won't come to that, but good to know I have options if the initial decision doesn't go my way.

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Appeals can take even longer though, sometimes 3-4 months for a hearing date. The backlog is pretty bad.

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Stay positive! Most protests that are clearly frivolous get decided in favor of the claimant. If your employer laid you off due to budget cuts and you have documentation, that's pretty solid evidence that it wasn't misconduct on your part.

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Thanks for the encouragement! I'm trying to stay optimistic. The waiting is just really tough.

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I'm going through a similar situation right now - filed about 3 weeks ago and just got the protest notice from my former employer yesterday. They're claiming I was terminated for poor performance, but I have emails showing I was meeting all my targets and the termination was really due to company downsizing. It's so stressful not knowing how long this will drag on! Reading through everyone's experiences here is really helpful though. Sounds like having good documentation is key, which I think I do. Hoping we both get favorable decisions soon!

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Welcome to the protest waiting club! It sounds like you're in a really similar situation to mine. Having those emails showing you were meeting targets should definitely help your case - that's exactly the kind of documentation that can counter their poor performance claim. The waiting really is the worst part, especially when bills are piling up. At least we're both keeping up with filing our weekly claims so we'll get backpay if we win. Fingers crossed for both of us!

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