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Nadia Zaldivar

How to write an unemployment letter for Washington ESD - need help with appeal

I got a disqualification notice from Washington ESD last week and I need to write an appeal letter but I have no idea where to start. The notice says I was fired for misconduct but that's not what happened at all. My supervisor wrote me up for being late twice in six months (both times due to childcare issues) and then terminated me when I couldn't cover a shift on my day off because my babysitter canceled. How do I explain this in a way that will convince the hearing officer? What format should I use and what documents should I include?

You'll want to write a formal business letter addressed to the Washington ESD Appeals Division. Include your claim number, social security number, and the date of the disqualification notice at the top. Then clearly state that you're appealing the decision and explain your side of the story with specific dates and facts. Keep it professional and stick to the facts - don't get emotional about it.

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Thanks! Should I mention that I tried to find coverage for that shift but couldn't reach anyone?

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Absolutely - that shows you made a good faith effort to be responsible. Include any text messages or emails that prove you tried to find coverage.

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Ev Luca

been through this exact thing, the key is proving misconduct vs just poor performance or circumstances beyond your control. for attendance issues you need to show it was due to legitimate reasons and that you followed company policy when possible

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Did you win your appeal? I'm so stressed about this whole process.

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Ev Luca

yes but it took like 3 months total. definitely worth fighting though

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I struggled with getting through to Washington ESD for weeks about my own appeal questions. Finally discovered Claimyr (claimyr.com) and they got me connected to an actual ESD agent within hours instead of days of calling. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helped me get the clarification I needed about appeal procedures and deadlines.

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How much does that cost though? I'm already broke from being unemployed.

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It's worth checking out their site for the details, but honestly getting through to ESD to ask questions about your appeal is priceless when you're facing a disqualification.

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I might try this - I've been calling ESD for days and keep getting disconnected or put on hold forever.

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Make sure you include witness statements if anyone can back up your version of events. Coworkers who saw you trying to find shift coverage, documentation of your childcare emergencies, anything that shows the termination wasn't for willful misconduct. Also request copies of your personnel file from your former employer - sometimes they contradict their own story.

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Good point about the personnel file. Can I request that even after I've been fired?

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Yes, in Washington state you have the right to request and receive copies of your personnel file. There might be a small copying fee but it's usually worth it.

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UGH the whole appeals process is such BS. They make it so complicated and confusing on purpose. I had to write three different letters before I finally figured out what they wanted. The system is designed to discourage people from fighting back.

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I feel this so hard. It's like they want us to just give up and not collect benefits we earned.

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While the process can be frustrating, many appeals are successful when people provide clear documentation and follow the proper procedures. Don't let the complexity discourage you from exercising your rights.

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Update: I found a template online but it seems pretty generic. Should I customize it heavily or is there a standard format that works best?

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Definitely customize it to your specific situation. Generic templates are obvious and don't tell your unique story effectively.

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Ev Luca

yeah make it personal but keep it professional. tell YOUR story with YOUR facts and dates

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Don't forget to keep copies of everything you send and get delivery confirmation. I sent my appeal letter regular mail and it got lost - had to fight to prove I sent it on time. Always use certified mail or hand deliver with a receipt.

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Oh wow I didn't think about that. How long do I have to submit the appeal?

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Usually 30 days from the date on your disqualification notice. Check the notice carefully for the exact deadline.

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And that 30 days is from the ISSUE date on the notice, not when you received it. Very important distinction.

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What if you don't have any documentation? Like what if it's just your word against theirs?

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Your testimony is still evidence. Write down everything you remember with as much detail as possible - dates, times, witnesses present, exact conversations. The hearing officer will consider credibility of all parties.

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That makes me feel a little better. I was worried without paperwork I had no chance.

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Another thing about getting help with your appeal - I used Claimyr again when I needed to check on my appeal status and ask about scheduling my hearing. Much easier than trying to get through to ESD on your own. Really takes the stress out of the whole process.

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Did they help you prepare for the actual hearing too or just with contacting ESD?

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They help you get connected to the right ESD departments and agents who can answer your specific questions about procedures and requirements.

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I'm dealing with something similar - they said I quit voluntarily but I was actually constructively dismissed because they kept cutting my hours until I couldn't afford to stay. It's so frustrating trying to explain complex situations in a letter format.

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Constructive dismissal cases can be won but you need to document the pattern of hour cuts and show it was unreasonable. Include pay stubs showing the decline and any communications about the schedule changes.

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I kept all my pay stubs luckily. Should I include copies with my appeal letter?

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Yes, definitely include copies of relevant pay stubs that show the pattern. Number them and reference them in your letter like 'as shown in Exhibit A'.

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make sure you address each specific reason they gave for the disqualification in your letter. if they said misconduct, explain why it wasnt misconduct. if they said you quit, explain why you were actually fired. dont assume they'll figure it out

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Good point. They specifically said I was fired for misconduct so I need to prove it was really just a scheduling conflict and attendance issues due to childcare.

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exactly. and show you tried to work with them on solutions before it got to termination

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Does anyone know if you can submit additional evidence after you send the initial appeal letter but before the hearing?

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Yes, you can typically submit additional evidence up until the hearing, but it's better to include everything you have with your initial appeal when possible. Check with ESD about their specific deadlines for submitting evidence.

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Thanks, I'm waiting on some documents from my old employer and wasn't sure if I should wait to send everything together.

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This whole thread is super helpful. I've been putting off writing my appeal because I was so overwhelmed. Now I feel like I actually know where to start.

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Don't wait too long - appeal deadlines are strict. Better to submit something than miss the deadline entirely.

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Yeah I'm going to start writing mine tonight. Thanks everyone for all the advice!

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Ev Luca

one more tip - if you have trouble reaching esdoracle or getting through to the right department about appeal questions, that claimyr service the other person mentioned actually worked really well for me too. saved me hours of calling and redialing

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Is that the same thing as those paid unemployment help services? I've been getting spam calls about those.

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Ev Luca

no this is different, it just helps you get through to actual ESD agents instead of getting stuck in phone hell. check out their video demo to see how it works

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Remember to write in first person and keep it chronological. Start with when you were hired, describe the incidents that led to termination, and explain why the termination was unjustified. Be specific about dates and keep it factual rather than emotional.

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Should I mention that I was a good employee overall with positive reviews before these attendance issues?

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Absolutely - include any positive performance reviews or commendations to show the attendance issues were isolated incidents, not a pattern of poor performance or bad attitude.

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What happens if you win the appeal? Do they backdate your benefits to when you first filed?

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If your appeal is successful, you should receive back payment for all the weeks between your initial claim and the favorable decision, assuming you were otherwise eligible and continued filing weekly claims.

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Good to know. I've been filing my weekly claims even though I'm not getting paid just in case.

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That's exactly what you should do. Keep filing those weekly claims throughout the appeal process.

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how long does the whole appeal process usually take from letter to final decision?

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Ev Luca

mine took about 12 weeks total but I've heard it can vary a lot depending on how backed up they are

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Yeah timing varies but expect at least 2-3 months from appeal to hearing to decision. Sometimes longer if there are delays or if you need to appeal to the next level.

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Can you represent yourself at the hearing or do you need a lawyer?

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You can absolutely represent yourself. Many people do and are successful. However, if the case is complex or involves significant amounts of money, consulting with an employment attorney might be worth considering.

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Thanks, I was worried I'd need to hire someone I can't afford.

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Just wanted to say thanks to everyone who contributed to this thread. I'm in a similar situation and this has been incredibly helpful for understanding the process.

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Same here! I feel so much more confident about writing my appeal letter now.

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Glad we could help. Good luck with your appeals everyone - remember to stay factual, be thorough, and don't give up on benefits you're entitled to receive.

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Final thought - if anyone needs help getting through to ESD during their appeal process, I can't recommend Claimyr enough. Check out claimyr.com - they really take the frustration out of trying to reach the right people at Washington ESD when you have questions about your case.

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I'm definitely going to look into this. I've wasted so many hours on hold and getting transferred to the wrong departments.

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Same, going to check out that demo video tonight. Thanks for sharing this resource!

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