How to fight unemployment claim denial from Washington ESD - need appeal advice

Thank you! Do I need to keep filing weekly claims while the appeal is pending or should I stop?

Yes, keep filing your weekly claims even during the appeal process. If you win, you'll get backpay for the weeks you were denied.

How long did your appeal take? I'm worried about going without income for months.

Mine took about 8 weeks total. The hearing was scheduled about 4 weeks after I filed the appeal, then got the decision 3-4 weeks later. I won and got all my backpay.

Never heard of this service before. Does it actually work to get through to Washington ESD? I've been trying to call for weeks.

Yeah it worked for me. Saved me hours of trying to call. The automated system dials repeatedly until someone picks up, then connects you.

Should I get a lawyer for the hearing or can I represent myself?

You can represent yourself. Most people do. Just be organized, stick to the facts, and be respectful. The hearings are pretty informal.

I'd recommend getting a lawyer if you can afford it. Employment law can be tricky and having someone who knows the system helps.

That gives me hope! Did you have to provide a lot of documentation for unsafe conditions?

yeah i had photos, incident reports i filed with management, even got a coworker to write a statement. document everything!

How do I request those documents? Is that something I do through eServices?

You can call and request them or submit a written request. They should provide you with the employer's response to the separation questionnaire.

Definitely worth trying. I was getting so frustrated with the busy signals and disconnects before I found it.

Same here! Spent entire days trying to get through. That service saved my sanity.

This is really helpful. How formal is the hearing? Do I need to dress up or anything?

It's done by phone usually, so dressing up doesn't matter, but definitely be professional in how you speak and present your case.

Good point about certified mail. When does the 30 days start counting from?

From the date on your determination letter, not when you received it. So don't wait!

Three times?? That's crazy. What kept happening with your appeals?

first two times i didn't have enough documentation. third time i got everything together and had witnesses ready for the hearing.

Really? They don't automatically side with the employer if they don't participate?

Nope! If they don't show up to defend their position, you just need to present your side and you'll likely win.

That happened to me too. Employer didn't participate in the hearing at all and I got approved immediately.

How much does that service cost? I'm already struggling financially.

I found it worth it given how much time it saved me, but I understand everyone's situation is different. The peace of mind from actually talking to someone was huge for me.

That's great advice. Should I mention that my supervisor had it out for me or keep it factual?

Keep it factual. If you have evidence of bias or unfair treatment, present that evidence, but don't make it about personalities.

That's exactly my situation. We disagreed about scheduling but I never missed work or violated any written policies.

Then you have a good chance of winning your appeal. Disagreements with supervisors aren't misconduct by themselves.

Will do! Thanks everyone for all the advice. Feeling much more confident about appealing now.

We're rooting for you! The system is frustrating but appeals can definitely work when you have the right documentation.

This is such important advice! I didn't even think about getting the employee handbook. Since my situation is specifically about scheduling disagreements, having those written policies could really help show that I didn't actually violate anything formal. Do you know if former employees have a right to get copies of the handbook and policies, or do I need to request them through the appeal process?

You typically have the right to request copies of the employee handbook and policies that were in effect during your employment. I'd suggest calling HR at your former employer first - they're usually required to provide these documents to former employees upon request. If they refuse or give you the runaround, you can mention it during your appeal hearing and the administrative law judge can order them to provide the documents. Also, if you have any coworkers who are still there who could help you get copies, that might be faster than going through official channels. The key is getting the exact policies that were in place when you worked there, not updated versions.