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Javier Hernandez

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

Washington ESD just denied my unemployment claim and I got a determination letter saying I was fired for misconduct. This is completely wrong - I was let go because of budget cuts, not misconduct. The letter says I have 30 days to appeal but I have no idea how to actually win this thing. Has anyone successfully appealed a Washington ESD determination? What kind of evidence do I need and how does the hearing process work? I'm really stressed because I need these benefits to pay rent.

Yes, you can definitely win an appeal if you have the right documentation. First thing - make sure you file your appeal within 30 days of the determination date, not when you received it. You'll need to gather all your termination paperwork, any emails or communications about the layoff, and witness statements if possible. The key is proving it was a layoff due to budget cuts, not misconduct.

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

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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.

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ugh the appeal process is such a nightmare. I went through this last year and it took forever just to get a hearing date scheduled

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

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

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I've been through the Washington ESD appeal process twice and won both times. The hearing is done by phone usually, and you'll have a judge who listens to both sides. Your employer has to prove misconduct, which is actually pretty hard to do if it was really a layoff. Make sure you have copies of everything and organize your evidence beforehand.

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

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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.

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

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I used Claimyr to actually talk to someone at Washington ESD about my appeal process. Was having trouble getting through on the phone to ask questions about what documents I needed. Their service got me connected to an agent who walked me through exactly what evidence would be most helpful for my specific situation. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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

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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.

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

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MAKE SURE YOU KEEP FILING YOUR WEEKLY CLAIMS DURING THE APPEAL! Even though you're not getting paid, you have to keep certifying or you'll lose those weeks if you win.

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

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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!

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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.

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What exactly did your termination letter say? If it mentions anything about performance or policy violations, that could be used against you. But if it clearly states budget cuts or restructuring, you should be in good shape.

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

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

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been there, done that. the washington esd system is rigged against workers. they deny everyone first hoping you won't appeal. but if you have any decent evidence at all you can usually win on appeal. just be persistent

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

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

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I won my misconduct appeal last month. The key things that helped me: 1) I had email evidence showing the real reason for termination 2) I prepared a timeline of events 3) I stayed calm during the hearing and just presented facts. Don't get emotional even if your employer lies - just stick to your evidence.

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

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

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Does anyone know if you can have a representative speak for you during the hearing? I'm not comfortable with public speaking and worried I'll mess up my own case.

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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.

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

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just want to add that if your employer doesn't show up to the hearing you basically win by default. happened to me - they scheduled the hearing but my old boss never called in so the judge ruled in my favor immediately

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Wow, really? How often does that happen?

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

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One thing to watch out for - make sure you understand what specific type of misconduct they're claiming. There's willful misconduct vs ordinary negligence and the standards are different. If they can't prove willful misconduct, you should win.

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

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

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I tried using that Claimyr service someone mentioned earlier and it actually worked great. Got through to Washington ESD in like 10 minutes instead of the usual hours of busy signals. The agent explained the difference between misconduct and layoffs for appeals, which really helped me understand what I was up against.

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

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

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Quick tip - request a copy of your entire unemployment file from Washington ESD before the hearing. Sometimes there are notes or documents in there you haven't seen that could help your case.

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

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

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Whatever you do, don't admit to ANY wrongdoing during the hearing, even minor stuff. I made that mistake and it hurt my case. Even if you think you're being helpful by acknowledging small issues, it can be used against you.

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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.

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

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The appeals process saved me when I was wrongfully denied. Take it seriously, prepare well, and you have a real chance of winning. Washington ESD approves a decent percentage of appeals when people actually show up with evidence.

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

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

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One last thing - if you lose the appeal at the hearing level, you can still appeal to the Board of Appeals. Don't give up if the first appeal doesn't go your way.

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

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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.

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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.

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