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Lilah Brooks

How to win unemployment fact-finding interview - Washington ESD called today

Got the call from Washington ESD today for my fact-finding interview and I'm freaking out. My former employer is claiming I was fired for misconduct but that's not what happened at all. I was let go because of a 'restructuring' but now they're saying I violated company policy. The interview is scheduled for next week and I have no idea what to expect or how to prepare. Has anyone been through one of these fact-finding interviews with Washington ESD? What should I say and what documents do I need? I really need these benefits and I'm scared they're going to deny my claim based on whatever my employer told them.

First thing - don't panic. Fact-finding interviews are just Washington ESD's way of getting both sides of the story. Bring ANY documentation you have - emails, performance reviews, termination letter, witness statements. Be honest and stick to facts only. Don't get emotional or defensive.

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Should I get a lawyer? I'm worried they'll twist my words somehow.

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You don't need a lawyer for the interview itself, but you can have one present if you want. Most people handle these on their own just fine.

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i went through this last year. the washington esd person was actually pretty fair. just tell your side clearly and dont ramble. if you were really just laid off due to restructuring then you should be fine

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Did your employer lie too? How did you prove they were wrong?

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yeah they tried to say i was fired for attendance but i had emails showing my supervisor approved my time off. documents saved me

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If you're having trouble reaching Washington ESD to ask questions about your interview, I used Claimyr.com recently and it worked great. They have this system that calls you back when an agent is available so you don't have to sit on hold forever. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helped me get through to someone when I needed clarification on my adjudication.

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Never heard of this service before. Does it actually work or is it just another scam?

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It's legit - they don't ask for your personal info or anything sketchy. Just helps you get connected to actual Washington ESD staff.

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Might try this if I need to follow up after my interview. Thanks for the tip.

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The key is preparation. Write down a timeline of events leading to your termination. Include dates, who was present, what was said. Practice explaining your side calmly and clearly. Washington ESD adjudicators deal with employer lies all the time - they know what to look for.

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Should I mention that my boss had it out for me personally? There was definitely some workplace politics involved.

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Only if you have evidence. Stick to facts you can prove. Personal conflicts without documentation won't help your case.

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ugh this is exactly why i hate the unemployment system. you get laid off through no fault of your own and then have to prove you deserve benefits. its backwards

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I get the frustration but the system exists to prevent fraud. It sucks when employers lie but that's why we have the appeal process.

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yeah but meanwhile people cant pay rent while waiting for washington esd to figure it out

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Quick tip - record the interview if Washington ESD allows it (ask first). If not, take detailed notes. You'll want this for your appeal if needed. Also, if they say you were fired for misconduct, ask specifically what policy you allegedly violated and when.

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Can they really record me without telling me? That seems illegal.

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Washington state is a two-party consent state for recordings, so they have to tell you if they're recording. You can ask to record too.

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Update: I found my termination letter and it clearly says 'position eliminated due to budget constraints.' Nowhere does it mention misconduct or policy violations. Should I lead with this?

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YES! That's your smoking gun right there. Make copies and bring the original. That letter contradicts whatever your employer told Washington ESD.

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Perfect. Now you have documentation that supports your version of events. The adjudicator will see the inconsistency.

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been there done that. my employer straight up lied and said i quit when i was actually fired. washington esd saw right through it once i showed them my documentation. dont stress too much

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How long did it take to get a decision after your interview?

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about 2 weeks but this was during covid so might be faster now

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Another thing - if you need to contact Washington ESD after your interview for any reason, that Claimyr service I mentioned earlier is still working great. I've used it three times now and always get through to a real person. Way better than calling the main number and getting hung up on.

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how much does it cost? seems too good to be true

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They have pricing on their site but honestly it's worth it to not waste hours on hold. Especially when you're dealing with time-sensitive stuff like appeals.

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What if they ask about your job search? I thought fact-finding was just about why you left your job but they asked me about whether I was looking for work too.

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They can ask about your ongoing eligibility too. Make sure you're keeping your job search log updated and are able to work if something comes up.

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Good point. I've been so focused on the misconduct thing I forgot about the work search requirement.

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Does anyone know if you can bring a witness to the interview? I have a coworker who saw everything that happened.

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You can ask but they'll probably want to interview the witness separately. Get a written statement from them just in case.

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Thanks, I'll ask for a statement. Better to have it and not need it.

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The whole thing is so stressful! I had mine last month and couldn't sleep for days before. But honestly the Washington ESD person was professional and just wanted to understand what happened. Don't overthink it.

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That's reassuring. I keep imagining they're going to be hostile or something.

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Nah they deal with this stuff all day. Just be honest and prepared.

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Make sure you understand the difference between misconduct and poor performance. Washington ESD has specific criteria for what constitutes misconduct that would disqualify you from benefits.

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Where can I find those criteria? I want to make sure I know what they're looking for.

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Check the Washington ESD website under disqualification reasons. Misconduct has to be willful and work-related.

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Whatever you do, don't admit to any wrongdoing even if you think it's minor. Let them ask specific questions and answer only what they ask.

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Is it okay to say 'I don't recall' if I'm not sure about specific dates?

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Better to be honest about not remembering than to guess wrong. They can verify dates anyway.

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oh and if you get denied after the interview you can appeal. dont give up if the first decision goes against you

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How long do you have to appeal? I want to be prepared just in case.

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30 days from the determination letter. dont wait though - appeal right away if you disagree

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I'm dealing with something similar but my employer is claiming I was late too many times. Problem is I have a disability accommodation for flexible start times. Can they still deny benefits for that?

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If you had an approved accommodation, that's not misconduct. Bring your accommodation paperwork to your interview.

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Thanks, I'll make sure to include that in my documentation.

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The waiting is the worst part. Had my interview three weeks ago and still no decision. How long does this usually take?

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Can take anywhere from a few days to several weeks depending on complexity. If it's been more than 3 weeks, try calling to check status.

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This is where Claimyr really helps - getting through to check on your claim status without waiting on hold forever.

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Final update: Had my interview this morning and it went way better than expected! The adjudicator was professional and really listened to my side. Having that termination letter made all the difference. She said I should expect a decision within 7-10 business days. Thanks everyone for the advice and support!

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Glad it went well! Sounds like you were well prepared.

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awesome! bet you'll get approved since you had the documentation

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See? I told you they're just trying to get to the truth. Congrats on getting through it!

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This thread is super helpful. I have my fact-finding interview next week and was panicking until I read all this advice. Definitely going to get my documentation together.

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You've got this! Just be prepared and tell the truth. The documentation really is key.

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Good luck! Feel free to ask if you have specific questions about preparing.

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Question - what if your employer doesn't show up for their part of the interview? Does that help your case?

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It can help because they're not there to contest your version of events, but Washington ESD will still make a decision based on available information.

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Makes sense. I guess they still have whatever the employer initially reported.

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