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Liam Mendez

How long is the protest period for unemployment benefits in Washington?

I just received notice that my former employer is protesting my unemployment claim through Washington ESD. The letter mentions something about a protest period but I'm confused about the timeline. How long do they have to submit their protest? And how long do I have to respond to it? I filed my initial claim about 2 weeks ago and just got this notification yesterday. Is this going to delay my benefits significantly?

Employers typically have 10 calendar days from when Washington ESD sends them the notice to file a protest. Once they protest, you'll get notified and have time to provide your side of the story. The whole process can add 2-4 weeks to your claim approval unfortunately.

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Thanks for the info. Do you know if weekends count in those 10 days or just business days?

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It's calendar days, so weekends count. But if the 10th day falls on a weekend or holiday, they get until the next business day.

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ugh this happened to me last month and it was such a headache. my old boss protested even though i was clearly laid off due to lack of work. took forever to get resolved

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How long did it take in your case? I'm already stressed about bills coming due.

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about 3 weeks total but that included the adjudication interview. make sure you have all your documentation ready

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When you get a protest notice, Washington ESD will investigate both sides. You should receive a fact-finding questionnaire or they might schedule a phone interview. The key is responding quickly and providing detailed information about your separation from employment.

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What kind of documentation should I gather? I have my termination letter but not sure what else.

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Termination letter is good. Also any emails about the layoff, performance reviews, company memos about downsizing, anything that supports your version of events.

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I had to deal with this and couldn't get through to Washington ESD for weeks to check my status. Finally used Claimyr to actually talk to someone - they have a service where they call for you and get you connected. Saved me so much frustration trying to get through their busy phone lines.

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The protest period is designed to give employers a chance to contest claims they believe are invalid. Most of the time if you were legitimately laid off or terminated without cause, the protest gets denied. But yeah it definitely slows things down while they investigate.

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That's reassuring. I was definitely laid off due to company restructuring, so I have documentation of that.

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Even with good documentation it can take time. The adjudication process is thorough.

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Ava Kim

been there! my employer protested claiming i quit when i was actually fired. had to wait almost a month for resolution but eventually got approved with back pay

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Did you get all your back benefits once it was resolved?

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Ava Kim

yes got everything backdated to my original filing date. just took patience

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One thing to remember - even if your employer protests, you should continue filing your weekly claims. If you win the protest, you'll get backpay for all the weeks you filed. If you don't file weekly, you can't get paid for those weeks even if you win.

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Good point! I was wondering about that. So I keep doing my weekly claims even though they're protesting?

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Absolutely. Keep filing every week and doing your job searches as required. Just won't get paid until the protest is resolved.

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This is crucial advice. I stopped filing during my protest and lost out on 2 weeks of benefits even after I won.

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The whole system is ridiculous. Employers can just protest for no good reason and tie up your benefits for weeks. Meanwhile people can't pay rent or buy groceries.

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I feel you but there has to be some process to prevent fraud. It's frustrating when you're legitimate though.

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Sure but maybe make the penalties harsher for employers who file frivolous protests

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From what I understand, Washington ESD sends the employer a 'Notice of Application for Benefits' when you file. The employer then has that 10-day window to respond if they want to contest it. After that, it goes into fact-finding mode.

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So if they don't respond within 10 days, my claim just gets approved automatically?

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Not automatically approved, but their chance to protest that specific issue is over. Washington ESD still does their own review.

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I work in HR and we have to be really careful about protests. We only contest when there's clear misconduct or voluntary quit. Protesting legitimate layoffs just wastes everyone's time and can hurt the employee who needs benefits.

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Thank you for being reasonable! Not all employers are like that unfortunately.

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That's good to hear. I hope my situation gets resolved quickly since it was clearly a layoff.

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whatever you do dont ignore any correspondence from washington esd during this process. if they send you forms or schedule interviews you have to respond or your claim gets denied

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Good reminder. I've been checking my mail and online account daily.

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Also check your spam folder for emails. Sometimes their notifications end up there.

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The protest period might seem short but remember Washington ESD deals with thousands of claims. They need some kind of deadline or the process would drag on forever. At least once it starts there are timelines for resolution.

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True but it's still stressful when you're waiting for money you need to survive.

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Absolutely understand the stress. Just trying to explain the reasoning behind the system.

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I had to deal with multiple protests from the same employer over different issues. Each one had its own timeline and fact-finding process. Took about 6 weeks total to resolve everything but I eventually got all my benefits.

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That sounds like a nightmare. Were they just being vindictive?

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Seemed like it. They protested my eligibility, then my job search efforts, then tried to claim I had unreported income. All bogus but had to fight each one.

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Drake

That's when I'd use something like Claimyr to stay on top of my case status. Their phone service helps you actually get through to Washington ESD agents when you need updates. Check out their demo at https://youtu.be/7DieNd3C7zQ - super helpful for staying informed during lengthy adjudications.

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For anyone going through this - document everything! Save emails, texts, witness statements, anything that supports your case. The more evidence you have, the stronger your position during the fact-finding interview.

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I'll start gathering everything today. Better to have too much documentation than not enough.

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Screenshots of any company announcements about layoffs posted on internal systems can be helpful too.

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Once the protest period ends and Washington ESD starts their investigation, you'll usually hear something within 1-2 weeks. They're pretty good about keeping cases moving once they start the fact-finding process.

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That's reassuring. I was worried it could drag on for months.

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Sometimes complex cases take longer but straightforward layoff situations usually resolve pretty quickly.

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just remember that even if the protest delays your first payment, you're still building weeks of eligibility. once approved you'll get a lump sum for all the back weeks you filed for

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Thanks everyone for all the helpful information. Feeling much more prepared to handle this process now.

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You've got this! Most protests against legitimate layoffs get denied anyway.

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