Need ESD adjudication HELP - unemployment denied after asking about job condition issues
Just had my unemployment claim DENIED after 6 weeks in adjudication. I worked at a restaurant for 3 years and was let go in January supposedly for 'performance' but the real issue was I kept bringing up safety concerns in the kitchen (broken ventilation, slippery floors). My former boss is now telling ESD I was fired for misconduct! The determination letter says I 'voluntarily violated employer standards' which is complete BS. I've already filed an appeal but I'm seriously running out of money and can't afford an attorney. Does anyone know if ESD provides free legal help for appeals or if there's any pro bono employment lawyers who deal with unemployment cases? My hearing is scheduled for March 15th and I'm totally panicking about representing myself against my ex-employer who has a company lawyer.
19 comments
Giovanni Ricci
You don't necessarily need a lawyer for an ESD appeal hearing. I went through this last year when my employer falsely claimed I quit (I was actually laid off). For the hearing, gather any evidence showing you were raising legitimate safety concerns - emails, texts, witness statements from coworkers if possible. The OAH judges are used to people representing themselves. Make sure you prepare to explain clearly why these weren't performance issues but retaliation for safety reporting. The most important thing is to stay calm and stick to facts during the hearing.
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Amara Eze
•Thanks for responding. I'm just worried because my ex-boss has emails where he gave me "warnings" about performance, but they all happened AFTER I started complaining about the kitchen conditions. Do you think the judge will be able to see through that?
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NeonNomad
i had my claim denied to and got it overturned!! dont worry to much about having a lawyer, just make sure u have all ur documentation ready like emails or txt messages or anything showing u reported those safety issues. the timing of everything is super important so make sure u can show u got those performance warnings AFTER u complained
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Fatima Al-Hashemi
•This is so true! The chronology matters SO MUCH in these cases. When I had my hearing last year, the judge specifically asked about the timeline of events. Definitely highlight that the warnings came after you raised safety issues.
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Dylan Mitchell
The Northwest Justice Project sometimes helps with unemployment cases, especially if there's a workplace safety angle. Call their CLEAR hotline at 1-888-201-1014. They do free legal help for people below certain income levels. You can also try the Unemployment Law Project at 206-441-9178. They specialize in exactly these kinds of cases. Don't give up - employers often count on people not appealing denials!
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Amara Eze
•Thank you! I'll call both places tomorrow morning. I'm definitely below their income level now that I've been without benefits for so long. Really appreciate the specific resources.
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Sofia Martinez
I've been through HELL with ESD this year and totally understand your panic. Have you tried calling ESD directly to ask about your case? I know it's nearly IMPOSSIBLE to get through on their phone lines (I tried for TWO WEEKS), but I finally used Claimyr (claimyr.com) to get connected to an actual human at ESD. They have this video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with was able to explain exactly what evidence they were looking at and gave me tips for my appeal. Might be worth trying before your hearing since you're running out of time.
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Dmitry Volkov
•Does that service actually work? I've been trying to reach ESD for days about my adjudication and keep getting disconnected.
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Sofia Martinez
•Yeah it worked for me! I was skeptical but got through to an agent in like 20 minutes after trying for days on my own. They can't solve everything but at least you can talk to a real person about your claim status.
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Ava Thompson
The entire ESD appeals system is RIGGED against workers. I went through this last year and lost even though I had evidence my boss was lying. These big companies have HR departments and lawyers who know exactly what to say to get claims denied. It's disgusting how they treat people who are just trying to survive. The whole "misconduct" rule is so vague they can twist almost anything into it. Good luck but don't get your hopes up.
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Giovanni Ricci
•I'm sorry you had a bad experience, but I've seen many workers win their appeals, especially in cases involving safety reporting which can fall under protected activities. The key is being prepared and sticking to relevant facts during the hearing.
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Ava Thompson
•Maybe things have changed, but in my experience the judges just rubber-stamp whatever the employer claims. Hope the OP has better luck than I did.
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Dylan Mitchell
Make sure you're very specific about the safety issues you reported. For your hearing, you need to establish: 1) These were legitimate safety concerns, 2) You reported them properly, 3) The performance warnings came AFTER you reported safety issues. Washington state has strong whistleblower protections, and terminating someone for reporting safety violations is illegal. If you can connect those dots clearly, you have a good chance of winning your appeal without an attorney. Also very important: make sure you continue filing your weekly claims EVERY WEEK even while your appeal is pending. If you win your appeal, you'll only get paid for weeks you properly filed claims.
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Amara Eze
•This is really helpful, thank you. I've been filing my weekly claims but wasn't sure if that mattered during appeal. And I definitely have text messages showing I complained about the ventilation issues months before any performance warnings started. I'll focus on organizing all that evidence with clear dates.
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Fatima Al-Hashemi
Has anyone mentioned the Unemployment Law Project yet? They specifically help with ESD appeals and often take cases pro bono. Worth checking out!
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Dylan Mitchell
•Yes, I mentioned them above with their phone number: 206-441-9178. Definitely the best resource for this specific situation.
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Fatima Al-Hashemi
•Oh sorry, missed that! Was just skimming through quickly. They helped my sister win her appeal last year.
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NeonNomad
whats the status now??? did u get any help?? hope ur appeal is going ok!
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Amara Eze
•I contacted the Unemployment Law Project and have a phone consultation tomorrow! Also managed to reach an ESD agent who explained exactly what evidence they reviewed. Feeling a bit more prepared now. My hearing is still a week away so trying to get all my documentation organized. Thanks everyone for the support - will update after the hearing.
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