How to dispute unemployment claim - Washington ESD denied my benefits
Washington ESD denied my unemployment claim saying I was fired for misconduct but that's completely false. I was let go due to company downsizing and have documentation proving it. The determination letter doesn't match what actually happened at all. I need to know how to dispute this decision - what's the process for appealing? Do I have to file something specific or can I just call them? I'm really stressed because I need these benefits to survive.
45 comments


AstroAlpha
You definitely need to file an appeal, not just call. You should have received an appeal form with your denial letter. You have 30 days from the date on the determination to file your appeal with Washington ESD. Make sure you gather all your documentation - termination letter, emails, anything that proves it was downsizing not misconduct.
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Chloe Davis
•Thanks! I do have the termination letter that specifically mentions budget cuts. Should I include witness statements from coworkers too?
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AstroAlpha
•Absolutely include witness statements if you can get them. Any documentation that contradicts their misconduct finding will help your case.
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Diego Chavez
Been through this exact situation last year. The appeal process takes forever though - mine took 3 months before I got a hearing. In the meantime you won't get any benefits so make sure you have backup plans for bills.
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Chloe Davis
•Three months?? That's insane. How am I supposed to pay rent for three months with no income?
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Anastasia Smirnova
•You might want to try getting through to an actual person at Washington ESD to see if there's any way to expedite things. Good luck with that though - their phone system is impossible.
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Sean O'Brien
If you're having trouble reaching Washington ESD by phone, I found this service called Claimyr that actually gets you connected to real agents. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling and getting busy signals.
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Zara Shah
•Is that legit? How much does it cost? I'm already broke from being denied benefits.
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Sean O'Brien
•It's totally legitimate. I used it when my claim was stuck in adjudication. Way better than spending all day redialing the same number.
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Luca Bianchi
•Never heard of this but honestly anything is better than calling Washington ESD directly. Their hold times are ridiculous.
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GalacticGuardian
Make sure when you file your appeal that you check the box requesting an in-person hearing if you want one. Phone hearings are default now but sometimes face-to-face helps if you have good documentation to show the judge.
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Chloe Davis
•Good point about requesting in-person. I feel like I can explain the situation better face to face than over the phone.
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Anastasia Smirnova
Washington ESD's determination process is so messed up. They probably just took your employer's word for it without investigating. That's what happened to me - had to appeal even though I was obviously laid off due to COVID.
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Nia Harris
•Same here! They seem to automatically side with employers unless you have rock solid proof otherwise.
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Chloe Davis
•That's exactly what I think happened. My former supervisor even told me to file for unemployment because it was just budget cuts.
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Mateo Gonzalez
Don't forget to keep filing your weekly claims even while your appeal is pending! I made that mistake and it caused issues later when I won my appeal.
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Chloe Davis
•Wait really? I thought I couldn't file weekly claims if I was denied?
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Mateo Gonzalez
•You absolutely should keep filing. If you win your appeal, you'll get backpay for all those weeks. If you don't file, you lose those weeks forever.
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AstroAlpha
•This is correct. Always continue filing weekly claims during appeals. It protects your benefit weeks.
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Aisha Ali
Pro tip: when you're gathering evidence for your appeal, get everything in writing. Don't rely on verbal statements from your employer. Email trails, official termination notices, company memos about layoffs - that's what wins appeals.
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Chloe Davis
•I have emails from HR about the company restructuring. Should I print all of those out?
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Aisha Ali
•Yes, print everything. Organize it chronologically and highlight the key parts that prove it was downsizing not misconduct.
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Ethan Moore
The whole appeals process is designed to discourage people from fighting wrongful denials. Most people just give up because it takes so long and they need money now.
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Yuki Nakamura
•Sadly true. I know people who couldn't afford to wait months for an appeal hearing so they just accepted the denial.
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Chloe Davis
•Well I can't afford NOT to fight it. These benefits are the difference between keeping my apartment or becoming homeless.
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StarSurfer
If your appeal hearing doesn't go well, remember you can appeal that decision too to the Board of Appeals. It's another layer but sometimes necessary if the hearing officer makes mistakes.
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Chloe Davis
•How many levels of appeals are there? This seems like it could go on forever.
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StarSurfer
•Three levels total - initial determination, appeal hearing, then Board of Appeals. After that you'd have to go to court which most people can't afford.
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Sean O'Brien
Just wanted to follow up on the Claimyr thing - I used it again yesterday to check on my weekly claim status and got through to someone in like 20 minutes instead of spending all morning calling. Really makes a difference when you need answers fast about your claim.
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Carmen Reyes
•How does it work exactly? Do they call for you or what?
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Sean O'Brien
•They basically get you connected without all the busy signals and hold music. Check out their demo video if you want to see how it works.
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Andre Moreau
Make sure you understand the difference between misconduct and gross misconduct too. Regular misconduct can sometimes be overcome if you show it was isolated or not willful. Gross misconduct is much harder to dispute.
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Chloe Davis
•They're claiming regular misconduct but I honestly have no idea what they're even referring to. My performance reviews were all good.
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Andre Moreau
•That's exactly why you need to request the full file from your employer. They have to provide the documentation they used to claim misconduct.
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Zoe Christodoulou
Washington ESD is notorious for these bogus misconduct determinations. I swear they do it just to reduce the number of claims they have to pay out. Fight it hard!
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Jamal Thompson
•It's all about the numbers for them. Easier to deny first and make people appeal than to investigate properly upfront.
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Chloe Davis
•That's so frustrating. I'm the one who needs the money and they're playing games with my livelihood.
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Mei Chen
One thing that helped me was getting a free consultation with an employment attorney. Some will review your case briefly for free and tell you if it's worth appealing.
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Chloe Davis
•I didn't know attorneys would do free consultations for unemployment appeals. That's definitely worth looking into.
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Mei Chen
•Not all of them, but some do. Especially if it's a clear-cut case like yours sounds. Look for attorneys who specialize in employment law.
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CosmicCadet
The key to winning your appeal is being organized and having a clear timeline of events. Practice explaining your side of the story clearly and concisely before the hearing.
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Chloe Davis
•Good advice. I should probably write out a timeline now while everything is still fresh in my memory.
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CosmicCadet
•Exactly! And stick to the facts. Don't get emotional during the hearing even if the employer's representative says things that aren't true.
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Liam O'Connor
Been watching this thread and just wanted to say good luck with your appeal! It's stressful but if you have good documentation like you say, you should win. The system is frustrating but it does work sometimes.
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Chloe Davis
•Thanks for the encouragement! This thread has been super helpful. At least now I know what I need to do and that I'm not alone in dealing with this.
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