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Sofia Gomez

How to win an unemployment appeal - Washington ESD hearing scheduled next week

My Washington ESD claim was denied because they said I quit voluntarily, but I was actually forced to resign due to unsafe working conditions. I have an appeal hearing scheduled for next Tuesday and I'm terrified I'm going to mess this up. The denial letter says I didn't show 'good cause' for leaving but I have documentation of the safety violations I reported. Has anyone successfully won their unemployment appeal? What should I bring to the hearing and how should I present my case?

You absolutely can win this! The key is having solid documentation. Bring copies of any safety reports you filed, emails about the unsafe conditions, photos if you have them, and any witness statements. At the hearing, stick to the facts and explain clearly why you had no choice but to leave. The administrative law judge will ask specific questions about your attempts to resolve the situation before quitting.

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Thank you! I do have the incident reports I filed with HR and some photos of the hazardous equipment. Should I also bring my original employment contract?

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Yes, bring everything that supports your case. The contract might show your job duties vs what you were actually asked to do unsafely.

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won my appeal last year for similar reason - constructive dismissal they called it. brought witnesses who testified about the unsafe conditions, that really helped my case

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Did your witnesses appear in person or by phone? My former coworker offered to testify but lives out of state now.

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phone testimony is allowed, just make sure they're available at the scheduled time and have good connection

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I've been through this process and one thing that really helped me was using Claimyr to get through to an actual Washington ESD agent before my hearing. They helped me understand exactly what documentation the appeals office would be looking for. You can check out their service at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made all the difference in preparing my case properly.

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I've been trying to reach someone at Washington ESD for weeks to clarify what evidence I need. How does Claimyr work exactly?

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They basically handle the calling process for you and get you connected to an actual person who can answer your questions. Way better than sitting on hold for hours.

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Interesting, never heard of that service. Might be worth it just to get clarity on the appeal process before the hearing.

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MAKE SURE YOU UNDERSTAND THE BURDEN OF PROOF! In Washington, you have to prove good cause for leaving. Don't just complain about your old job - show specific evidence that any reasonable person would have quit in your situation. I see too many people lose appeals because they can't prove their case with facts.

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What counts as 'good cause' exactly? The safety violations seem pretty clear cut to me but I want to make sure I'm covering all bases.

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Good cause includes unsafe working conditions, but you need to show you reported it to management and gave them a chance to fix it. If they ignored safety concerns, that's constructive dismissal.

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This is really important advice. The judge will want to see that you tried to work with your employer before quitting.

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omg this is giving me anxiety just reading it... i have an appeal hearing coming up too for a different reason and im so scared im going to say the wrong thing. do they record these hearings?

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Yes, they record the hearings. That's actually good because it means there's an accurate record if you need to appeal further. Just be honest and stick to the facts.

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ok that makes me feel a little better, at least they cant misrepresent what i said

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Practice your presentation beforehand! I cannot stress this enough. Write out a timeline of events and practice explaining your situation clearly and concisely. The judges appreciate when people are organized and prepared. Also, be respectful even if you disagree with your former employer's testimony.

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Good point about practicing. Should I write out exactly what I want to say or just bullet points?

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Bullet points are better. You want to sound natural, not like you're reading a script. But having key points written down helps you stay on track.

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The unemployment system is SO BROKEN. They deny claims for anything and everything, then make you jump through hoops to prove you deserve benefits you already paid into. It's ridiculous that you have to go through all this stress just to get what you're entitled to.

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I feel this so much. The whole process is designed to wear you down and make you give up.

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I understand the frustration, but the appeal process does work when you have documentation. Don't let the system intimidate you into not fighting for your benefits.

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Bring multiple copies of everything! The judge, your employer's representative, and you should each have copies. I learned this the hard way when I only brought one set and had to share with the employer's lawyer during my hearing.

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How many copies should I bring? And should they be organized in any particular way?

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Bring at least 4 copies of each document. Organize them chronologically and put everything in labeled folders. Makes you look professional and prepared.

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Question about witnesses - do they have to be subpoenaed or can they just volunteer to testify? My supervisor who witnessed the safety issues wants to help but I'm not sure about the process.

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Witnesses can volunteer to testify, no subpoena needed unless they're unwilling. Having a supervisor testify on your behalf is huge - that carries a lot of weight with judges.

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That's great to hear. She was really upset about how management handled the safety concerns too.

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I used Claimyr recently when I needed to discuss my appeal strategy with a Washington ESD representative. The person I spoke with actually gave me specific advice about what evidence would be most compelling for my type of case. Sometimes getting that insider perspective makes all the difference in how you present your argument.

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That sounds really helpful. I'm worried I might be focusing on the wrong aspects of my case.

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Exactly! They can help you understand what the appeals judges typically look for in cases like yours. Worth checking out their video demo to see how the service works.

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Don't forget about medical documentation if the unsafe conditions affected your health! If you saw a doctor about stress, injuries, or health impacts from the workplace hazards, bring those records too. It strengthens your case for good cause.

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I did see my doctor about the stress and anxiety from the situation. I didn't think to include medical records but that makes sense.

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Medical records showing work-related health impacts can be very persuasive evidence that you had no choice but to leave.

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remember the hearing is usually pretty informal, not like a court trial. the judge will ask you to tell your story, then your employer gets to respond, then you can rebut. stay calm and factual

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That helps calm my nerves a bit. I was picturing something much more intimidating.

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yeah its more like a structured conversation than a trial, but still take it seriously and be prepared

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What if your employer lies during the hearing? My former company has already lied in their written response to my appeal. Can I call them out on it?

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You can absolutely challenge false statements, but do it professionally. Present your evidence that contradicts their claims rather than just saying they're lying. Let the facts speak for themselves.

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Good advice. I have emails that directly contradict what they claimed in their response, so I'll focus on presenting those.

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TIMELINE IS EVERYTHING! Create a detailed chronological timeline of events leading up to your resignation. Include dates of safety reports, management responses (or lack thereof), and any escalating dangerous situations. This shows the judge the progression that led to your decision.

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This is great advice. I've been focusing on individual incidents but you're right that showing the pattern over time is more compelling.

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Exactly! Show how the situation deteriorated despite your efforts to resolve it through proper channels. That demonstrates good cause clearly.

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Anyone know if you can request a postponement if you're not ready? I just got my hearing notice and it's only giving me 8 days to prepare.

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Yes, you can request a postponement for good cause, but don't wait - call the appeals office immediately. They're more likely to grant it if you request it right away rather than last minute.

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Thanks, I'll call first thing Monday morning. I need more time to gather witness statements.

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My appeal hearing is next month and I'm trying to decide if I should get a lawyer. Did anyone here use legal representation for their unemployment appeal?

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Most people represent themselves successfully in unemployment appeals. If your case is straightforward with good documentation, you probably don't need a lawyer. Save the money unless there are complex legal issues involved.

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That's reassuring. My case seems pretty clear-cut so I'll probably represent myself.

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I used a lawyer for mine because my employer had legal representation, but honestly I think I could have handled it myself with proper preparation.

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Follow up question - what happens if you win your appeal? Do you get back pay for all the weeks you were denied benefits?

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Yes, if you win your appeal you should receive retroactive payments for all eligible weeks from when your claim was originally filed. Make sure you've been filing your weekly claims even during the appeal process.

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Good to know! I've been filing my weekly claims online even though I wasn't getting paid. Glad I kept up with that.

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For anyone reading this thread who's struggling to get information from Washington ESD before their hearing, I had success using Claimyr to actually speak with someone who could clarify the appeals process. Sometimes you really need that human contact to understand exactly what you're up against. The video demo on their site shows exactly how it works - https://youtu.be/7DieNd3C7zQ

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I'm definitely going to check this out. I've been trying to call Washington ESD for two weeks with no luck.

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Yeah, the regular phone system is basically impossible. This service actually gets you through to someone who can help.

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Just want to say good luck to everyone dealing with appeals! The system makes it way harder than it should be, but don't give up. You paid into unemployment insurance and you deserve those benefits if you qualify.

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Thank you for the encouragement! This thread has been incredibly helpful in preparing for my hearing.

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Seriously, this community is so supportive. We all need to stick together dealing with these bureaucratic nightmares.

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