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

Thank you! I still have my termination letter that mentions budget constraints. Should I also get a statement from my former supervisor?

Absolutely get that supervisor statement if they're willing. Having someone from management confirm it was budget-related and not performance issues will be huge for your case.

How long did it take for you to get your hearing? I'm worried about how long this will drag out.

took about 6 weeks to get the hearing scheduled, then another 2 weeks for the decision. but i won so it was worth it

Did you represent yourself or get a lawyer? I'm worried I won't know what to say during the hearing.

I represented myself both times. The judges are pretty good about asking questions to get the facts out. Just stick to the truth and present your evidence clearly.

You can also request a postponement if you need more time to gather evidence. Don't rush into the hearing unprepared.

That sounds helpful - did it cost a lot? I'm already tight on money waiting for this appeal.

It was worth it for me to get real guidance instead of guessing what I needed. The agent I talked to had specific advice about misconduct appeals that I couldn't find anywhere online.

Never heard of that service but anything that helps you actually reach Washington ESD sounds useful. Their phone system is impossible normally.

Really? I thought I couldn't file since I was denied. How do I file if my account shows I'm not eligible?

You should still be able to file weekly claims even with a denial. If not, call and ask them to reopen your claim for appeal purposes. This is super important - don't skip weeks!

This is correct. You need to continue filing to preserve those benefit weeks. If you win the appeal, you'll get back pay for all the weeks you properly filed for.

It says my position was eliminated due to restructuring and budget constraints. No mention of my performance at all.

That's perfect evidence right there. Make sure you have multiple copies and bring the original to reference during your hearing.

That's encouraging to hear. I was starting to think I had no chance against them.

Don't give up! The initial denial is often just their first line of defense. Appeals are where the real decisions get made.

Good advice about staying calm. I'm already angry about this whole situation so I need to work on that before the hearing.

Practice explaining your side beforehand. I actually rehearsed with my spouse so I wouldn't ramble during the real hearing.

Yes, you can have someone represent you, but they need to be authorized. Could be a lawyer, union rep, or even a friend if you fill out the right paperwork.

Thanks! I might ask my brother who's good with this kind of stuff to help me.

Wow, really? How often does that happen?

not sure how common it is but apparently employers skip hearings more than you'd think, especially if they know their case is weak

The determination just says 'discharged for misconduct' - it doesn't specify which type. Should I ask for clarification?

You can ask during the hearing what specific misconduct they're alleging. Make them spell it out - they have the burden of proof.

That's the second person who's mentioned them. Might be worth trying since I have so many questions about the process.

Yeah I used them too when I couldn't get answers about my adjudication. Much easier than the regular phone lottery.

How do I request that? Do I need to file some kind of form?

You can request it through their online system or by calling. It's your right to see everything in your file.

Good point - I was going to mention that I was sometimes a few minutes late due to traffic, but maybe I shouldn't bring that up.

Exactly! Don't volunteer information that wasn't part of their stated reason for firing you. Focus only on disproving their misconduct claims.

Thank you everyone for all the advice! I feel much more confident about fighting this now.

You got this! Just remember to stay organized and present the facts clearly. Good luck with your hearing!

There's another level after the hearing? That's good to know just in case.

Yes, but focus on winning the first appeal. The Board of Appeals is more limited in what they review, so it's better to get it right at the hearing level.

Also, sometimes using Claimyr to talk to an agent about appeal strategy can help if you're unsure about your next steps after a hearing.