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Diego Fisher

How long does an employer have to appeal unemployment benefits in Washington?

My former employer is trying to fight my unemployment claim and I'm getting nervous about it. I was let go from my warehouse job two months ago for what they called 'performance issues' but I think it was really because I complained about safety violations. I got approved for benefits and have been collecting for about 6 weeks now. Yesterday I got a notice that my employer is appealing the decision. How long do employers have to file these appeals? I thought there was a deadline but now I'm worried they can just keep challenging it whenever they want. Has anyone dealt with this before? I really need these benefits to keep paying rent.

Employers in Washington have 30 days from the date they receive the initial determination notice to file an appeal. If they missed that deadline, they need to show good cause for the late appeal. The fact that you've been collecting for 6 weeks suggests they might have filed right at the deadline or are filing a late appeal.

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So they can't just keep appealing over and over? That's a relief. Do you know what happens if their appeal is late?

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No, they only get one shot at appealing the initial decision. If it's late, they have to prove good cause like they never received the notice or had some other valid reason for the delay.

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ugh employers are the worst about this stuff. mine tried to appeal too after firing me for 'attitude problems' when really i was just standing up for myself. took forever to get resolved

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How long did your appeal take to get resolved? I'm worried this is going to drag on forever.

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like 3 months total but i kept getting paid while it was pending which was good

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The 30-day rule is pretty strict in Washington. I've seen cases where employers tried to appeal months later and got denied because they couldn't prove good cause for the delay. If you've been collecting benefits, Washington ESD already made an initial determination in your favor. The employer's appeal will trigger a hearing where both sides can present evidence.

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What should I do to prepare for this hearing? I've never been through anything like this before.

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Gather any documentation about your termination - emails, performance reviews, safety complaints you filed, witness statements if possible. The hearing will focus on whether you were terminated for misconduct or just poor performance.

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I had a similar situation last year and couldn't get through to Washington ESD to ask questions about the appeal process. The phone lines are impossible. I ended up using this service called Claimyr that helped me reach an actual person at Washington ESD to get answers about my case. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Really? How does that work? I've been trying to call Washington ESD for days with no luck.

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They basically handle the calling for you and get you connected to an actual Washington ESD representative. Saved me hours of trying to get through on my own.

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Is that legit? Sounds too good to be true with how hard it is to reach anyone at Washington ESD these days.

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WAIT - are you sure you're still going to get paid during the appeal?? I thought they stopped payments when there's an appeal pending. This is exactly what I'm worried about with my own claim.

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You continue receiving benefits during the appeal process unless Washington ESD specifically stops them. The employer's appeal doesn't automatically halt payments.

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Oh thank god. I was panicking thinking I'd lose my income immediately if my employer appeals.

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This is so typical. Companies fire people then try to block their unemployment just to be spiteful. The 30 day deadline exists for a reason - they can't just sit on it and appeal whenever they feel like it.

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That's exactly what this feels like - spite. They had plenty of time to appeal if they really thought they had a case.

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Document everything about why you were really fired vs what they claim. Safety violations are serious and if you complained about those, that might actually work in your favor.

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I work in HR and deal with unemployment appeals regularly. The 30-day deadline is firm unless there are exceptional circumstances. Most employers who wait this long either forgot about the deadline or are fishing for reasons to challenge valid claims. Your safety complaint history could be relevant to your case.

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Should I contact OSHA about the safety issues or would that complicate my unemployment case?

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That's separate from your unemployment claim, but documenting workplace safety violations you reported could support your case that the termination was retaliatory rather than for legitimate misconduct.

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same thing happened to my friend except they appealed on day 29 like right at the deadline. still lost because they couldn't prove misconduct just poor performance

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That gives me hope. My performance reviews were actually decent until I started complaining about safety stuff.

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yeah sounds like retaliation to me. keep all your documentation about the safety complaints

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The timeline works like this: Washington ESD sends the determination notice to both you and your employer. The employer has 30 calendar days from the mail date on that notice to file their appeal. If they miss it, they need to file a petition for late appeal with good cause. After 1 year, even good cause won't help them.

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One year? So there's definitely a hard deadline after that point?

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Yes, after one year from the determination notice date, the decision becomes final and can't be appealed regardless of the reason for delay.

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I tried calling Washington ESD about my employer's appeal and spent literally 4 hours on hold before giving up. Anyone know if there's actually a way to reach someone there?

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Like I mentioned earlier, I used Claimyr for this exact problem. They got me through to someone at Washington ESD in about an hour when I couldn't get through on my own after days of trying.

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I'm getting desperate enough to try anything at this point. The not knowing is driving me crazy.

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Question - if the employer appeals but it turns out they filed late without good cause, does that mean the original decision stands and I don't have to go through a hearing?

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Correct. If their appeal is dismissed as untimely, the original favorable determination becomes final and you continue receiving benefits without a hearing on the merits.

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That would be ideal. Fingers crossed they just missed their deadline.

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This whole system is designed to favor employers I swear. They get 30 days to think about whether they want to screw over their former employees and we just have to sit and wait.

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It does feel unfair that they can wait almost a month then suddenly decide to challenge it when I've been counting on these benefits.

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The 30-day period actually serves both sides - it gives employers time to gather information but also provides a clear deadline so claimants aren't left in limbo indefinitely.

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Had my employer try to appeal after the deadline claiming they 'never received' the notice even though it was sent certified mail. Washington ESD didn't buy it and dismissed their appeal. Check if your employer's appeal was filed on time.

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How can I find out when they filed it? The notice I got doesn't have that information.

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You can call Washington ESD to ask for the timeline, or it should be in the hearing notice if one gets scheduled.

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Wait I'm confused - is the 30 days from when Washington ESD mails the notice or from when the employer receives it? Because mail can take a few days...

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It's 30 days from the date on the mailed notice, not when they actually receive it. Washington ESD considers it delivered as of the mail date.

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Okay that makes sense. So even if mail was slow they still have to meet the 30 day deadline from the notice date.

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Your situation with safety complaints could actually strengthen your case. If you can show you were fired in retaliation for reporting safety violations, that's wrongful termination territory and definitely not misconduct that would disqualify you from benefits.

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I do have emails where I reported unsafe conditions to my supervisor and HR. Should I gather all of those?

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Absolutely. Print everything - the safety complaints, any responses or lack thereof, and anything showing the timeline between your complaints and termination.

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my employer waited until day 30 exactly to file their appeal. i think they do it on purpose to stress people out and hope they'll give up or make mistakes

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That's exactly how this feels - like psychological warfare. Did you end up winning your appeal?

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yeah because they couldn't prove actual misconduct just said i had 'bad attitude' which isn't enough to disqualify you

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I'm dealing with the same anxiety about employer appeals. Been approved for 8 weeks and keep waiting for them to challenge it. The 30-day rule gives me some peace of mind that there's actually a deadline.

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When did you get your approval notice? You might be past the 30-day window already.

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Good point - it was about 10 weeks ago so I think I'm in the clear. The stress is real though.

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Just want to add that even if your employer's appeal goes forward, the hearing process is actually pretty straightforward. I represented myself in my hearing and won because I had documentation and the employer just had complaints without proof of actual misconduct.

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That's encouraging. I'm terrified of having to go to a hearing but maybe it's not as bad as I'm imagining.

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The hearing officers are pretty fair and they know the difference between performance issues and actual misconduct. Your safety complaint history will probably help your case.

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For what it's worth, I used Claimyr when I needed to speak with someone at Washington ESD about appeal timelines and they were super helpful. Worth checking out if you need specific information about your case that you can't find online.

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Multiple people have mentioned them now. I might have to try it since I can't get through to Washington ESD any other way.

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Yeah the phone situation with Washington ESD is ridiculous. Claimyr actually got me to someone who could look up my specific case details.

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I'm new to this community but dealing with a similar situation. My employer just filed an appeal on what seems like day 29 or 30 - I'm not sure exactly when they received the notice but I've been collecting benefits for about 5 weeks. Reading through all these responses is really helpful, especially knowing that I should continue getting paid during the appeal process. I was panicking thinking the payments would stop immediately. Does anyone know if there's a way to check exactly when the initial determination notice was mailed to my employer? I want to see if they might have missed the 30-day deadline.

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