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

Employers in Washington have 30 calendar days from the date they receive the initial claim notice to file a protest. However, they can also contest later if they have good cause for the delay. The fact that you've been receiving benefits doesn't necessarily mean you're safe from a challenge.

this happened to me too last year. my old job waited like 2 months then suddenly decided to fight my claim. had to go through a whole appeals process

I've been dealing with Washington ESD issues for months trying to get through to someone about my claim status. If you need to actually talk to an agent about this protest situation, I found this service called Claimyr that helps you get through their phone system. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than sitting on hold for hours.

The 30-day rule is in RCW 50.20.066 but there are exceptions. Employers can file late protests if they can demonstrate they didn't receive proper notice, had a change in personnel, or other 'good cause' reasons. The key thing is that Washington ESD will investigate any protest regardless of timing if the employer provides justification.

UGH this is exactly why the unemployment system is so broken! Employers can just wait until you've spent the money then decide to contest. Meanwhile we're struggling to pay rent and bills. The whole system protects employers over workers.

Just to clarify the process: when an employer files a late protest, Washington ESD will send you a 'Redetermination Notice' explaining the employer's reasons. You'll have the right to respond with your side of the story. Don't panic yet - many late protests are denied, especially if the employer's reasons seem weak.

been there done that with the employer protest thing. what really helped was getting through to an actual Washington ESD person to understand what was happening with my case. i used claimyr after reading about it here and actually got to talk to someone who explained the whole timeline. way better than guessing what's going on

Wait I'm confused - is there a difference between protesting the initial claim and appealing after benefits are approved? My employer did something but I'm not sure which one it was

Does anyone know if there's a limit to how many times an employer can contest? Like could they keep filing protests over and over?

just went through this exact situation last month. employer waited 6 weeks then filed protest claiming i was fired for misconduct (i wasn't). the good news is washington esd gave me full chance to respond and provide my evidence. ended up keeping my benefits but it was scary for a while

this is why i always document EVERYTHING when i leave a job. save emails, take photos of timesheets, anything that might help if the employer tries to fight unemployment later

The timing thing is so frustrating because meanwhile your bills don't stop. I had a similar situation and using one of those services to actually get through to Washington ESD helped a lot. Claimyr I think it was called? Being able to talk to a real person made all the difference in understanding what was happening.

Important point: even if your employer files a late protest, you should continue filing your weekly claims unless Washington ESD specifically tells you to stop. Don't assume your benefits are automatically suspended during the review.

It's just ridiculous that employers can wait this long. Like they're playing games with people's lives. Some of us are barely making ends meet and then BAM surprise contest after you've been relying on those benefits for over a month.

One more thing to remember: if the employer's protest is successful and Washington ESD determines you weren't eligible, you may have to repay benefits. But if you can show you had good cause to believe you were eligible when you applied, they might waive the overpayment. Keep records of why you thought you qualified.

been following this thread bc i'm worried about the same thing with my claim. my employer has been really vindictive since i left and i wouldn't put it past them to contest just to cause problems

Quick question - does the 30 day deadline start from when Washington ESD mails the notice or when the employer actually receives it? Sometimes mail can be delayed.

Just wanted to follow up on the Claimyr suggestion from earlier. If you do need to speak with Washington ESD about this protest situation, that service really does work well for getting through their phone system. Much better than the frustration of trying to call during business hours and never getting through.

Update: Thanks everyone for all the information and advice. I'm going to continue filing my weekly claims like suggested and gather up any documentation I have about my layoff. Hopefully this protest doesn't go anywhere but at least now I know what to expect in the process. This forum has been incredibly helpful!