How to win an unemployment appeal - Washington ESD denied my claim

Thank you! I do have some emails where my supervisor was being unreasonable about my schedule requests. Should I submit those with my appeal paperwork?

Absolutely submit those emails. Any documentation that shows the real reason for separation helps your case tremendously.

Thank you! I didn't know I could request my personnel file. How do I do that?

Send a written request to your HR department. In Washington, employers must provide it within a reasonable time. This will show if there are any disciplinary actions on file that they're claiming as misconduct.

Thank you! I do have the termination letter but it's pretty vague. Should I try to get something more specific from my old boss?

If you can get anything in writing that shows it was budget related and not performance, that would be huge for your case.

Thank you! I do have the restructuring email from management. Should I also get statements from my former supervisor?

Absolutely, supervisor statements are very valuable if they're willing to provide them. Make sure they specifically address that your termination wasn't misconduct-related.

I haven't received anything from them yet about the employer's statement. How long does that usually take?

Should be within a week or two of filing your appeal. Check your mail daily - sometimes it comes regular mail, not through your online account.

How long did your appeal process take? I'm worried about how long I'll be without benefits.

Mine took about 6 weeks from filing to the hearing decision. If you win, they'll pay you retroactively for the weeks you were denied.

6 weeks is actually pretty fast these days. Some appeals are taking 2-3 months now because of the backlog.

Is this some kind of paid service? I'm already tight on money waiting for my benefits.

It was worth it for me because I was getting nowhere with the regular phone lines. The agent I reached helped me understand exactly what evidence I needed for my appeal.

What if my former employer lies about what happened? Can they do that?

They can submit their version of events, but if you have contradicting evidence, the hearing officer will weigh both sides. This is why documentation is so crucial.

My employer tried to claim I was insubordinate when really I questioned unsafe working conditions. I had emails proving my concerns were legitimate and won my appeal.

How long did your appeal take? I'm worried about how long I'll be without benefits.

Mine took about 6 weeks from filing the appeal to getting the decision. If you win, they'll pay you retroactively for the weeks you were denied.

Oh good point, I wasn't sure about that. Do I keep certifying even though I'm getting $0?

Yes definitely keep filing those weekly claims! If you win the appeal they'll pay you retroactively for all the weeks you certified.

Never heard of that service. Is it legit or just another scam?

It's legit - they just help you get through the phone lines. I was skeptical too but it actually worked when I couldn't reach anyone for weeks.

Might have to try that because I've been calling Washington ESD for days with no luck getting through to anyone.

Wait, I have to do job search activities even while my appeal is pending? I thought I didn't have to do that until my claim was approved.

You should keep doing job search activities. Better to be safe and have the documentation ready than scramble later if your appeal succeeds.

That's helpful context. The denial letter was pretty vague about why they considered it misconduct.

The denial letters are often generic. During your appeal hearing, you'll get to hear exactly what your employer reported and respond to it directly.

That's not entirely true. The appeal process exists for a reason and hearing officers do listen to both sides. You have to present your case properly though.

maybe but its still bs that we have to fight so hard just to get benefits we paid into

How do I get copies of my personnel file? Do I have to ask my former employer directly?

Yes, you have the right to request your personnel file in Washington. Most employers will provide it, especially if you explain it's for an unemployment appeal.

That's interesting, I've been trying to call for days with no luck. How does Claimyr work exactly?

It basically calls Washington ESD for you and gets you connected to a real person instead of sitting on hold forever. Made the whole process much less stressful.

Never heard of that service but anything that helps get through to Washington ESD sounds good to me. Their phone system is terrible.

Is the hearing over the phone or in person? The appeal paperwork wasn't clear about this.

Most are by phone now. You'll get a call from the hearing officer at your scheduled time. Make sure you're in a quiet place with good reception.

Also turn off call waiting! I've heard of people losing their connection because another call came through.

Should I get a lawyer or representative for the hearing? I'm worried I'll say something wrong.

You can have representation but many people do fine representing themselves. If your case is straightforward misconduct dispute, you might not need a lawyer.

Good point. I should write out a timeline before the hearing so I don't get confused about dates.

I have one coworker who saw what happened. Would they have to be on the phone call during the hearing?

Yes, witnesses participate in the hearing by phone. Make sure they're available during your scheduled hearing time.

I've been trying to call for days with no luck. Is that service legit? I'm worried about scams right now.

Yeah it's real, they just help you get through the phone system faster. I was skeptical too but it actually worked and I got to talk to someone who explained exactly what I needed for my hearing.

How do I know what qualifies as misconduct under Washington law? Is there a specific definition?

Misconduct has to be willful disregard of employer's interests or deliberate violation of rules. Simple disagreements or personality conflicts usually don't qualify.

Did you actually go through with the appeal process though? A lot of people give up before the hearing.

I did and I lost even with documentation. The judge basically believed my employer over me.

That's unfortunate but not typical. Most layoff cases win on appeal if there's proper documentation of the business reasons.

That timeline approach sounds smart. Did you submit this before the hearing or present it during?

I submitted it with my initial appeal paperwork and also referenced it during the hearing. Having it in writing beforehand was helpful.

That makes sense. I have emails from my supervisor saying the layoffs were due to budget constraints. Should I include those?

Absolutely! Those emails are perfect evidence. Print them out and have them ready for the hearing. They directly contradict any misconduct claims.

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

I don't remember the exact amount but it was worth it to actually get answers instead of sitting on hold forever. Check their website for current info.

Did you appeal it? How did it turn out?

still waiting for my hearing date, filed appeal 3 weeks ago. this whole system is so stressful

Hang in there, the waiting is the worst part. Once you get to present your side it usually goes better than expected.

I know right? It's so frustrating that I have to prove I didn't do anything wrong when I was just doing my job.

The system is set up to deny first and ask questions later. It's all about saving money for the state unfortunately.

How exactly does that service work? Do they just help you get through the phone system?

They handle the calling and waiting, then connect you when they reach a live agent. Way better than spending hours on hold yourself.

That's helpful. My employer said I didn't follow procedures but I was never trained properly on them.

Lack of proper training is definitely a defense. Document that if you can - any emails asking for training, witnesses who can testify about inadequate training, etc.

Good point, I'll make note of that. Hopefully I'll need this advice soon!

Stay positive! Sounds like you have a strong case with the restructuring documentation.

Really? I didn't know I could record it. Do I need to tell them I'm recording?

You should let them know at the beginning of the hearing that you're recording for your own records. It's your right but good to be transparent about it.

It just says 'discharged for misconduct' but doesn't give specifics. That's part of what's so frustrating about this.

You should be able to request the employer's response that led to the denial. That will show you exactly what they claimed happened.

That's really helpful advice. Should I get an attorney or can I represent myself?

Most people represent themselves successfully. The hearings are pretty informal. Just be organized and truthful.

There are multiple levels of appeals? I didn't know that.

Yes, first is the Administrative Law Judge hearing, then the Board of Appeals, then Superior Court. Each level gives you another chance to present your case.

Most people win or lose at the first level though. The higher appeals are for when there were procedural errors or new evidence.

That's reassuring to hear. I keep imagining it like a courtroom drama but sounds more reasonable.

It's much more conversational. They ask questions, you answer honestly, employer gives their side, then the officer makes a decision based on the facts.

What happens if they don't show up? Do I automatically win?

Not automatically but it definitely helps since they can't present their side or answer questions. You still need to make your case though.

How did the witness testimony work? Did they have to attend the hearing or just write statements?

They attended the phone hearing and testified. Made a huge difference because the employer couldn't dispute multiple witnesses.

Recording laws vary but in Washington it's generally legal if you're party to the conversation. However, check your employee handbook first.

Thanks, I'll look into that. Wish I had thought of it at the time.

How many levels of appeals are there? This could take forever...

There are three levels total - the initial determination, the appeal to an administrative law judge, then the Board of Review. After that it goes to superior court but most cases don't go that far.

That's a great idea. Should I send this timeline to Washington ESD before the hearing?

You can submit evidence in advance but make sure to bring copies to the hearing too. Sometimes things get lost in their system.

How much does something like that cost? I'm already broke from being unemployed.

I don't want to discuss pricing here but it was worth it for me to actually get information about my case instead of calling hundreds of times.

How long ago was your denial? There are time limits for appeals but you might still be able to file.

It was about 4 months ago. Probably too late now.

The normal appeal deadline is 30 days but there are exceptions for good cause. You should call Washington ESD and ask.

What exactly counts as misconduct under Washington law? I thought any firing meant you couldn't get benefits.

Not at all. Misconduct has to be willful disregard of employer's interests, deliberate violations of workplace rules, or criminal acts. Poor performance or inability to do the job usually doesn't qualify.

5 hours?! What could possibly take that long to discuss?

My employer brought their lawyer and three managers as witnesses. They tried to make it seem like I was some kind of criminal when really I just made a mistake on one order.

You can have a representative attend and speak for you, or someone can attend just for support but they can't participate in the hearing.

Thanks, I get really nervous in these situations so it would help to have my spouse there.

Congratulations! That gives me hope. What was the main thing that helped you win?

had emails showing my boss saying the layoffs were due to covid impact on business. employer tried to say it was performance but the emails proved otherwise

Thank everyone so much for all this advice. I feel much more confident about my hearing now. I'll update this thread after my appeal.

Good luck! Remember to stay calm and stick to the facts. You've got this.

Really? They can't just reschedule if they miss it?

They can request to reopen the case but they have to show good cause for missing the hearing. Most of the time if they don't show up, you win.

I might try that if I have questions after my hearing. The phone system is definitely impossible to navigate.

Good idea. I think my former coworker would be willing to testify. How do I arrange that?

You can list them as witnesses when you file your appeal. Washington ESD will send them information about how to participate in the hearing.

Thank you, I really appreciate the support. This whole situation has been overwhelming.

That's smart. I get nervous talking on the phone so practicing beforehand would help.

Exactly. Write down the key points you want to make and practice them. Stay calm and stick to the facts during the hearing.

Oh wow, I didn't know that. I stopped filing because I thought there was no point since I was denied.

Start filing again immediately! You can backdate them if needed but it's better to keep filing weekly. This is super important.

Yes, this is crucial. Many people lose out on benefits because they don't file during the appeal process.

How often were you able to get status updates? I feel like I'm in the dark about what's happening with my appeal.

I could check whenever I wanted instead of waiting weeks for a callback. Made me feel much more informed about the process.

That's reassuring. I was worried I had to prove I was innocent.

Nope, they have to prove guilt. Your job is to show that their evidence doesn't meet the legal standard for misconduct.

How do I request an earlier hearing date?

you can call and ask if there are any earlier slots available. sometimes people cancel and spots open up

That sounds exactly like what happened to me. They're making it sound like I was a problem employee when I was just trying to do my job.

Exactly! Good luck with your appeal. Hopefully we both get this sorted out soon.

Really? That would be amazing if that happened.

Yeah, they have to participate or they forfeit their right to contest your claim. Make sure you still show up and be prepared though.

Good point. I should start keeping a log of everything related to this case.

Exactly. The more organized you are, the better your chances of winning the appeal.

Congratulations! How long did it take to get your back pay after winning?

About 2 weeks after the decision was issued. They paid me for all the weeks I had been denied during the appeal process.

I'm definitely going to look into that. I've been so stressed about making sure I do everything right.

It really does help reduce the stress. Being able to talk to someone who knows the system makes a huge difference.

Thank you for the encouragement. I really needed to hear that today.

You've got this! Just focus on gathering your evidence and presenting the facts clearly.

This is my first time filing for unemployment so I shouldn't have any issues with that part.

6-8 weeks total? That's longer than I expected. Good thing I'm doing job search activities while I wait.

Yeah it varies but expect it to take a while. The good news is if you win, they'll pay you retroactively for the waiting period.

That's reassuring. I'm definitely going to be nervous so it's good to know they're understanding about that.

Thanks for the reminder. I'll make sure to keep copies of all my appeal paperwork and evidence.

Hopefully it won't come to that but good to know there's another option if needed.

Right, but try to make your strongest case at the first hearing level. The Board of Appeals is more limited in what they can review.

Thank you for the encouragement. I really need to hear that right now because this whole situation has been so stressful.

Thank you so much for all the detailed advice. I'm feeling much more confident about my appeal now. I'll start gathering all my documentation today.

This whole thread has been really helpful. I'm in a similar situation and these tips are going to help me too.

Usually 1-2 weeks after the favorable decision is issued, but it can vary. You'll get all the back payments you were eligible for during the appeal period.

That's good to know for planning purposes. Hopefully I'll be in that situation soon!

That's a great point about burden of proof. I was thinking I had to prove I wasn't guilty of misconduct.

Exactly! They have to prove misconduct happened, not the other way around. Focus on presenting facts that show the real reason for your termination.

Wow, that's awful they denied you initially. Glad the appeal worked out!

yeah the initial determination was totally wrong. appeal process actually worked like it should

Good advice! I'll practice with my partner so I can get used to telling the story clearly.

Perfect! Having someone ask you questions beforehand really helps prepare you for the real thing.

Definitely doing this. How do you submit documents for the appeal?

You can usually email them or fax them in. Check your appeal paperwork for the specific instructions and deadline.

Thank you for the encouragement. Sometimes I second-guess myself about whether I deserve the benefits.

That's exactly what they want you to feel! Stand up for yourself - you paid into this system and deserve fair treatment.

I do have my last performance review which was positive. Should I include that with my appeal documents?

Absolutely! Anything that shows you were performing well makes their misconduct claim look ridiculous.

Seems like a lot of people have had success with that service. Might try it if I need to check on my appeal status.

yeah way less frustrating than trying to call yourself. they do all the waiting for you

Is it worth getting a lawyer for something like this? I'm worried about the cost.

For straightforward cases like yours with clear documentation, you probably don't need one. But the consultation might give you confidence about your chances.

Thanks everyone for all the advice and encouragement. I feel much better prepared now and more confident about my chances.

Keep us posted on how it goes! Rooting for you to get this sorted out quickly.

Yes please update us! Your case will probably help other people in similar situations.