How to win Washington ESD unemployment appeal for attendance issues - need help

I do have the repair receipts and some hospital paperwork from when my mom was in the ER. Should I submit these with my appeal or wait for the hearing?

Submit copies with your appeal paperwork, but bring the originals to the hearing. The administrative law judge will want to see everything.

Good point - I never got written warnings, they just fired me after I missed 3 days in a month. Is that relevant?

Very relevant! Most companies have progressive discipline policies. If they skipped steps, that helps your case significantly.

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

It's worth checking out - they focus on helping you get through to the right person instead of spending hours on hold. The peace of mind was worth it for me.

I've heard of that service but wasn't sure if it was legit. Good to know it actually works.

Should I get a lawyer? This feels overwhelming.

You can represent yourself for these hearings. Just be honest and stick to facts. Having your documentation organized is more important than having a lawyer.

I just filed last week. How long are these appeals taking right now?

mine has been forever... they said 4-6 weeks but its been longer. hopefully yours goes faster!

I did call in each time but I don't have records of those calls. Is that going to hurt me?

Phone records might show outgoing calls to your employer. Check with your phone company - they sometimes keep records for several months.

How do I know which category my case falls into?

Misconduct usually involves willful or deliberate violations of company policy. If your absences were due to legitimate emergencies, it's more likely poor performance.

This is important - misconduct disqualifications are much harder to overturn than poor performance ones.

Interesting - I never thought about FMLA. My company has more than 50 employees so that might apply.

Definitely worth looking into. If you were eligible and they didn't inform you, that's a violation on their part.

I worked there for 2 years with no previous attendance issues. Should I ask for a reference from my supervisor?

If you have a good relationship with any former colleagues or supervisors, character references can definitely help your case.

That's exactly why I used Claimyr - saved me so much time and frustration trying to reach someone.

might have to look into that if I need to call them again

How do I request that? Do I call Washington ESD or is there a form?

You can request it when you file your appeal or call the appeals office directly. They're usually good about providing it.

Are these hearings done over the phone or in person now?

Most are still done by phone since COVID. Make sure you're in a quiet place with good reception.

I don't have my own medical records but I do have my mom's discharge papers from the ER. Would those work?

Those should help establish the legitimacy of the emergency, especially if the dates align with your absences.

I filed it 5 days after getting the disqualification notice, so I should be good on timing.

Good! Some people miss that deadline and then have to go through an even more complicated process.

I used them to get clarification on my appeal process and they were helpful. Not sure if they can do anything during the actual hearing though.

Makes sense - probably most useful for the pre-hearing preparation phase.

That's actually reassuring. I was worried I had to prove everything was justified.

Exactly. Your job is to show reasonable explanations for your absences and that you tried to handle the situations appropriately.

I didn't even think about back pay. How does that work?

If you win, you should get paid for all the weeks you were eligible but disqualified. Washington ESD usually processes this automatically but it can take a few weeks.

Thank you! This thread has been super helpful. I feel much more prepared now.

That's what this community is for! Keep us updated on how it goes.

My sister was with me during the family emergency. Would her testimony help?

Absolutely. Family members can testify about emergency situations they witnessed firsthand.

You're right - I have nothing to lose by trying. Thanks everyone for all the advice!

Exactly the right attitude. Come back and let us know how it goes - your experience might help someone else in the future.