How many times can you appeal unemployment decision in Washington ESD?

Thank you! So after the Board of Appeals, there's no more options? What about federal court?

Technically you could try federal court but that's extremely rare and expensive for unemployment cases. The Board of Appeals is really your last realistic shot.

Did you have a lawyer for the Board of Appeals hearing? I'm wondering if I should get one this time.

no lawyer, couldn't afford it. probably would have helped though

Thanks for the tip about Claimyr! I've been trying to call Washington ESD for weeks to get clarification on my appeal options.

What kind of new evidence would they accept? My employer lied at the first hearing but I didn't have proof then.

New documents, witness testimony, anything that wasn't available for the first hearing. If you have proof your employer lied, that could definitely be grounds for appeal.

I understand the frustration but the appeal process does work sometimes. You just have to have solid evidence and understand the legal standards.

MAYBE FOR SOME PEOPLE BUT MOST OF US GET SCREWED OVER

No, they're different. First you get a redetermination from Washington ESD. If denied, your first appeal goes to an administrative law judge. If that's denied, your second appeal goes to the Board of Appeals.

Oh wow, I didn't realize there were so many steps. Thanks for clarifying!

The process is still the same - redetermination, administrative law judge, then Board of Appeals. Three levels total including the initial decision.

Good point about the deadlines. My first appeal decision came last week so I still have time to file with the Board.

What happens if you miss the 30 day deadline? Is there any way to get an extension?

You can request late filing for good cause but it's really hard to get approved. Medical emergencies, military deployment, things like that might qualify.

How much does that service cost? I'm already broke from being unemployed.

They focus on the value of actually reaching someone rather than the cost. Check their site for details.

That gives me hope! What was different about your Board of Appeals case that helped you win?

I had better documentation the second time and focused on the legal standard for misconduct rather than just telling my story.

Yes, you should continue filing weekly claims during the appeal process. If you win your appeal, you'll get back pay for those weeks.

thanks! i wasn't sure and didn't want to mess anything up

So I wouldn't get to present new witnesses at the Board level?

Generally no, unless you can show the evidence wasn't available for the first hearing. They mainly review what happened at the ALJ level.

My case is misconduct too. What should I focus on for the Board hearing?

Focus on whether your actions really meet the legal definition of misconduct under Washington law. It's a higher bar than just being a bad employee.

That's exactly why services like Claimyr exist - the phone system is overwhelmed. Sometimes you need help just to reach an actual person.

Do you know any lawyers who specialize in unemployment cases? I'm starting to think I need professional help.

Check with your local bar association for referrals. Some legal aid organizations also help with unemployment appeals.

Yes, absolutely. Each job separation is evaluated separately. Losing an appeal for one job doesn't affect your eligibility for benefits from a different job.

That's a relief! Thanks for clarifying.

Wow, 6 months is a long time to wait for benefits. Did you have to find other income during that time?

Yeah, had to take temporary work to survive. But when I finally won the appeal, I got all the back pay I was owed.

Good to know. Sounds like the Board of Appeals is really my last realistic chance to win this case.

Exactly. Make sure you put everything you have into that Board appeal because it's your final shot.