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Carmen Diaz

How to fix disqualified Washington ESD unemployment claim - need help with appeal

Got my determination letter yesterday saying my UI claim is disqualified for 'separation from work' reasons. Washington ESD is saying I quit voluntarily but that's not what happened - I was basically forced out due to unsafe working conditions at my warehouse job. The letter mentions I can appeal but I have no idea how this process works or what documentation I need. Has anyone successfully overturned a disqualification decision? I really need these benefits while I look for new work.

You definitely need to appeal this ASAP! You have 30 days from the date on your determination letter to file an appeal with Washington ESD. The key is proving you had 'good cause' to leave your job. Unsafe working conditions can absolutely qualify as good cause if you can document it properly.

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Thank you! Do I file the appeal online through my SecureAccess Washington account or do I need to mail something in?

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You can file online through your account - it's faster and you get confirmation. Look for the 'Appeals' section in your account dashboard.

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What kind of documentation do you have about the unsafe conditions? That's going to be crucial for your appeal. Photos, incident reports, emails to supervisors about safety concerns, witness statements from coworkers - anything that shows you tried to address the issues before leaving.

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I have some photos on my phone and a few text messages to my supervisor about the problems. Is that enough?

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That's a good start but try to gather more if possible. Any written complaints you filed, safety violations you reported, or documentation of the company ignoring safety issues will strengthen your case.

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I went through something similar last year and it was a nightmare trying to get through to Washington ESD to discuss my case. Spent hours on hold only to get disconnected. Finally used Claimyr (claimyr.com) which actually got me connected to an agent who could explain exactly what evidence I needed for my appeal. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that service before. Did it actually help with your disqualification issue?

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Yeah it did. The agent I spoke with helped me understand what Washington ESD was looking for in my appeal documentation. Made all the difference in getting my benefits approved.

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the whole system is rigged against workers anyway. they always side with employers first no matter what evidence you have. good luck but dont get your hopes up too much

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That's not really true. Appeals do get overturned when there's proper documentation. The key is presenting a strong case with evidence.

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maybe for some people but ive seen plenty of legitimate cases get denied on appeal too

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For unsafe working conditions, you'll need to show that: 1) The conditions were genuinely unsafe, 2) You made reasonable efforts to get them fixed, 3) The employer failed to address the issues, and 4) A reasonable person would have quit under those circumstances. Document everything chronologically.

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This is really helpful. Should I include medical records if the unsafe conditions affected my health?

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Absolutely! Medical documentation showing health impacts from workplace conditions strengthens your case significantly.

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How long does the appeal process usually take? I'm worried about how I'll pay bills while waiting for a decision.

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Appeals can take 4-8 weeks depending on Washington ESD's caseload. If you win your appeal, you'll get backpay for all the weeks you should have received benefits.

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That's a long time to wait without any income coming in...

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Update: I found the appeal form in my account and started filling it out. There's a section asking for a detailed explanation of why I disagree with the decision. Should I write a novel or keep it concise?

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Keep it focused but thorough. Stick to the facts about the unsafe conditions, what you did to address them, and why you had no choice but to leave. Avoid emotional language.

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Good point about avoiding emotional language. Adjudicators want facts and evidence, not feelings about how unfair the situation was.

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i got disqualified too but for attendance issues. different situation but the appeal process is the same. make sure you submit everything by the deadline or you're screwed

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Did your appeal work out? I'm trying to stay optimistic here.

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still waiting on the decision but at least i got my paperwork in on time. thats half the battle right there

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Don't forget to keep filing your weekly claims even while your appeal is pending! A lot of people make this mistake and then have issues getting their backpay if they win.

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Wait, I can still file weekly claims even though I'm disqualified? That seems weird.

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Yes, you should continue filing. It maintains your claim and ensures you get paid for those weeks if your appeal is successful.

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Another option if you need to talk through your appeal strategy is using that Claimyr service I mentioned earlier. They helped me understand exactly what Washington ESD adjudicators look for in successful appeals. Really worth the investment when you're dealing with something this important.

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How much does something like that cost though? Money's tight right now obviously.

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I'd rather not get into specific costs but for me it was worth it to actually reach someone who could give me real guidance instead of spending days trying to get through on the phone.

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Make sure you're looking at the right deadlines too. The 30-day appeal deadline is from the date on the determination letter, not the date you received it. And if the 30th day falls on a weekend or holiday, you get until the next business day.

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Good point about the date. My letter is dated from last Tuesday so I have until next Thursday to get everything submitted.

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this happened to my brother in law and he had to go to an actual hearing with a judge. had to present his case and everything. hopefully yours gets resolved before that step but just fyi thats a possibility

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A hearing sounds terrifying. Do I need a lawyer for that?

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You can represent yourself at unemployment hearings. Many people do. The process is less formal than regular court proceedings.

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Just want to say good luck with your appeal! The system can be frustrating but don't give up. I've seen plenty of disqualifications get overturned when people present their case properly.

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Thanks for the encouragement! Really need to hear some positive stories right now.

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One thing that helped me was organizing all my evidence chronologically in a timeline format. Made it easier for the adjudicator to follow the sequence of events that led to me leaving my job.

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That's a great idea. I'll create a timeline showing when the safety issues started, when I reported them, and how they escalated.

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Exactly! And include dates for any attempts you made to resolve the issues through proper channels. Shows you tried to work within the system first.

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Washington ESD adjudicators deal with these cases all day long so they've seen every excuse in the book. The key is having actual documentation rather than just your word against your employer's word.

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This is so true. Documentation is everything in these cases. Even something as simple as a log of incidents with dates and descriptions can make a huge difference.

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how long after you submit the appeal do you hear back? im in a similar boat and getting anxious about the waiting

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You should get an acknowledgment that they received your appeal within a few days. The actual decision usually takes 4-8 weeks depending on their workload.

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If you win your appeal, make sure to double-check that they process your backpay correctly. I won mine but had to call and remind them about several weeks they initially missed.

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Good to know for later. Hopefully I'll have that problem to deal with instead of this disqualification!

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The fact that you have photos and texts to your supervisor puts you ahead of a lot of people who try to appeal with no documentation at all. You've got a real shot at overturning this.

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Thanks, that gives me some hope. I'm going to gather everything I can find and put together the strongest case possible.

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Final update from me - I submitted my appeal this morning with all my documentation organized chronologically like someone suggested. Photos, text messages, incident dates, everything. Now the waiting game begins. Thanks everyone for the advice and support!

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Great job getting it submitted! Remember to keep filing your weekly claims while you wait for the decision.

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Fingers crossed for you! Sounds like you put together a solid case.

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Hope it works out! If you need to follow up on the status of your appeal, that Claimyr service can help you get through to someone at Washington ESD who can actually check on it.

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