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Natalie Khan

How to request a hearing for unemployment disqualification in Washington ESD

My Washington ESD claim got denied last month and I need to figure out how to request a hearing. The letter says I have 30 days to appeal but I'm confused about the process. Do I need to fill out a specific form or can I just call them? Has anyone been through this before? I was disqualified because they said I quit voluntarily but that's not true - my hours were cut to almost nothing and I had no choice but to leave.

You need to file an appeal in writing within 30 days of the date on your determination letter. There should be instructions on the back of your denial letter. You can appeal online through your SecureAccess Washington account or mail in the appeal form. Make sure you explain why you disagree with their decision.

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Thanks! I'll check the back of the letter. Should I include documentation with my appeal or wait until the hearing?

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Include any documentation you have that supports your case - pay stubs showing reduced hours, emails about schedule changes, etc. The more evidence the better.

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same thing happened to me, i appealed online and it was pretty straightforward. just login to your esd account and look for the appeal option

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Did you win your appeal? How long did the whole process take?

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yeah i won, took about 6 weeks from appeal to hearing. the judge was fair and listened to my side

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I had trouble reaching Washington ESD to ask questions about my appeal process. Kept getting busy signals and disconnected calls. Finally used this service called Claimyr (claimyr.com) that got me through to an actual person. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ. Really helped me understand what I needed to do for my hearing.

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That sounds helpful! I've been trying to call for days with no luck. Did they charge you a lot?

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It was worth it to finally talk to someone who could explain the process. Way better than sitting on hold for hours.

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never heard of that service but honestly anything is better than trying to get through their phone lines

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Make sure you keep filing your weekly claims even while your appeal is pending! I made that mistake and it complicated things. Also, if you have any witnesses who can testify about your work situation, get their contact info ready.

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Oh good point about the weekly claims. I wasn't sure if I should keep doing that or not.

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Yes definitely keep filing! Even if you're not getting paid, it protects your claim dates. The hearing judge will ask about this.

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wait really? i thought you couldnt file if you were denied

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No, you should continue filing weekly claims during the appeal process to maintain your eligibility for back pay if you win.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! I've been through this nightmare twice. They deny legitimate claims and make you jump through hoops to get what you deserve. Make sure you document EVERYTHING and don't let them intimidate you at the hearing.

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It does feel overwhelming. What kind of documentation helped you the most?

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Pay stubs, emails from your boss, anything showing the conditions that forced you to quit. I had text messages from my supervisor about schedule changes that really helped my case.

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the hearing is done by phone usually, at least mine was. the judge will ask you to explain your side first, then the employer if they show up. most employers dont even bother showing up tbh

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That's good to know. I was worried about having to go somewhere in person.

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Phone hearings are way less stressful than in person. Just make sure you're in a quiet place and have all your documents ready.

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For constructive dismissal cases like yours, you'll need to prove that a reasonable person would have felt compelled to quit. Document the reduction in hours, any changes to your job duties, and whether you tried to resolve the issues with your employer first.

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I did try talking to my manager about getting more hours but she said business was slow. Should I mention that?

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Absolutely! That shows you made a good faith effort to resolve the situation before quitting. Write down everything you remember about that conversation.

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this is really good advice. i wish i had known this stuff when i went through my appeal

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Just wanted to follow up on the Claimyr thing - I ended up using them again when I had questions about my hearing preparation. The agent I spoke with at Washington ESD was really helpful in explaining what to expect and what documents would be most important for my specific case.

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That's really reassuring. I think I'm going to try that service too since I keep striking out with the regular phone number.

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sounds like a good option for people who cant get through. the esd phone system is terrible

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been there done that. won my appeal but it took forever. just be patient and dont give up. the system is slow but if you have a legitimate case youll probably win

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Thanks for the encouragement. How long did it take from filing the appeal to getting your back pay?

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about 8 weeks total. the hearing was at week 6 and then took another 2 weeks to get the decision and payment

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Make sure you understand the difference between voluntary quit and constructive dismissal. If your hours were cut drastically, that might qualify as constructive dismissal which is treated differently than a voluntary quit.

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I think that's exactly what happened to me. My hours went from 40 to like 8 per week. Is there a specific threshold?

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There's no specific percentage but a reduction from 40 to 8 hours is definitely substantial enough to potentially qualify. Document the timeline of when your hours were cut.

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do they record the hearing? i want to know if i can get a copy later if i need it

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Yes, hearings are recorded and you can request a copy of the recording. There might be a small fee for this.

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good to know, thanks

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This whole thread is making me nervous about my own situation. I'm thinking about quitting because of harassment at work but I'm scared they'll deny my claim.

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Document everything about the harassment first. You'll need evidence to show that quitting was your only reasonable option.

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Yeah definitely document everything. I wish I had kept better records of when my hours were cut.

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Thanks, I'll start keeping a log of incidents and any communications about it.

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Pro tip: if your employer doesn't show up to the hearing, you'll basically win by default as long as your story is consistent and you have some documentation. Most small employers don't bother with the hearing process.

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That would be amazing if they don't show up. It's a small business so maybe they won't.

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Even if they do show up, don't panic. Just stick to the facts and be honest about what happened.

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i won my appeal but then my employer appealed to the board of appeals. this process can go on forever if they really want to fight it

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Oh no, I hope that doesn't happen to me. How long did the second appeal take?

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another 3 months but i won that one too. at least i got all my back pay eventually

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Remember that the burden of proof is different for quit vs discharge cases. Since you quit, you'll need to prove you had good cause. But with the hours reduction you described, you should have a strong case.

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That's helpful to know. I was worried that quitting automatically meant I'd lose.

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Not at all. Washington state recognizes several good cause reasons for quitting, including substantial reduction in hours or pay.

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just went through this process last year, the key is being organized and having all your documents ready. make copies of everything and bring them to the hearing even if its by phone

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Good advice. I'm going to start gathering everything this weekend.

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also write down a timeline of events before the hearing so you dont forget important details when youre nervous

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Update on my earlier Claimyr recommendation - they actually helped me prepare for my hearing too. The Washington ESD agent walked me through what questions to expect and how to present my case effectively. Made a huge difference in my confidence level.

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That sounds incredibly helpful. I'm definitely going to look into that service.

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wish i had known about that when i was going through my appeal. would have saved me a lot of stress

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The waiting is the worst part. Filed my appeal 5 weeks ago and still haven't heard about a hearing date. At least I'm still filing my weekly claims like everyone recommended.

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I'm just starting this process but already feeling anxious about the waiting.

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its hard but try to stay positive. from what ive read here it sounds like most people win if they have a good case

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One thing nobody mentioned - if you win your appeal, you'll get back pay for all the weeks you were denied. That can be a significant amount so it's worth fighting for.

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That's a good point. I've been worried about my bills but if I win I should get caught up.

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exactly, and the back pay includes any increases in benefit amounts that happened while you were waiting

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Good luck with your appeal! This thread has been really helpful for understanding the process. Sounds like you have a solid case with the hours reduction.

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Thank you! Everyone's advice has been incredibly helpful. I feel much more confident about moving forward with the appeal now.

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thats what this community is for. hope everything works out for you

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