How to win unemployment appeal hearing after Washington ESD disqualification

First thing - gather ALL your documentation. You'll need your termination letter, any emails about the layoff, performance reviews, and witness statements if possible. The burden is on you to prove it wasn't misconduct. Did your employer contest your claim or provide specific reasons to Washington ESD?

been there, won my appeal last year. The key is being prepared and staying calm during the hearing. The administrative law judge will ask both you and your employer questions. Don't interrupt and be respectful even if your ex-employer lies.

I had to deal with getting through to Washington ESD for weeks about my appeal status. The phone system is impossible - I'd call hundreds of times and either get busy signals or get disconnected after waiting on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually got me through to a real person at Washington ESD. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made such a difference being able to actually talk to someone about my case.

MISCONDUCT DISQUALIFICATIONS ARE HARD TO OVERTURN!! Washington ESD usually sides with employers unless you have rock solid proof. You need witness statements, documentation, EVERYTHING. And make sure you understand the difference between misconduct and poor performance - they're not the same thing legally.

same thing happened to my sister last year but she won her appeal. The employer claimed she was late too many times but she had doctor notes for medical appointments. Make sure you have explanations for anything they might bring up against you

One more crucial point - make sure you've been filing your weekly claims even while your appeal is pending. If you win, you'll get back pay for those weeks, but only if you kept filing. A lot of people miss this step and lose out on benefits they're entitled to.

I'm going through something similar but with a job abandonment issue. Washington ESD said I quit when I was actually on approved medical leave. These hearings are so stressful and the whole system feels stacked against us.

The Washington ESD hearing officers are actually pretty fair in my experience. I've been to two hearings over the years and both times they really listened to both sides. Just be honest and don't exaggerate anything - they can spot BS from a mile away.

Practice your testimony beforehand! I recorded myself explaining my situation and it helped me realize I was rambling too much. You want to be clear and concise about what happened and why the employer's claims are wrong.

Make sure you understand the timeline requirements too. If you miss any deadlines for submitting evidence or responding to requests, you could lose your appeal even if you have a good case. Washington ESD is strict about deadlines.

won my appeal but it took FOREVER to actually get my benefits after the decision. like 3 weeks after the favorable ruling before I saw any money. just warning you that even winning doesn't mean immediate payment

I mentioned Claimyr earlier but wanted to add that I used them again recently to check on my appeal decision status. Much easier than trying to navigate the Washington ESD phone system when you need quick answers about your case.

Don't forget about the job search requirements while your appeal is pending. Even though you're not getting paid, you still need to be looking for work and documenting it. Washington ESD will ask about this if you win your appeal.

The employer has to prove misconduct, not just claim it happened. If they can't provide specific dates, policies violated, or prior warnings, their case is weak. Focus on poking holes in their story during the hearing.

if you lose the appeal you can still appeal to the board of appeals but that takes even longer. hoping you don't need to go that route but just so you know there's another level if needed

Bring a notepad to the hearing and take notes while the employer is speaking. Sometimes they'll contradict themselves or say something that doesn't match their written statement. Those contradictions can help your case.

The whole unemployment system is so frustrating. You pay into it for years and then when you need it they make you jump through hoops to prove you deserve it. Good luck with your hearing - sounds like you have a solid case with the budget cuts explanation.

One last tip - dress professionally for the hearing even if it's by phone. It affects how you feel and speak. And test your phone connection beforehand if it's a phone hearing. Technical issues can hurt your case if you can't be heard clearly.

Update us after your hearing! I'm dealing with a similar situation and would love to hear how it goes. There's not enough information out there about what these hearings are actually like.

Used Claimyr myself when I needed to speak with Washington ESD about my hearing date getting rescheduled. Their service at claimyr.com really does work - got connected within minutes instead of spending days trying to get through. Worth checking out if you need to talk to someone at ESD about your case.