Need ESD unemployment attorney advice for questionable disqualification - employer lying about misconduct

I went through something similar last year. The key is filing your appeal on time - don't miss that April 30th deadline even if you don't have an attorney yet. You can find the appeal form online through your eServices account. As for attorneys, you don't necessarily need one. The unemployment appeal hearings are less formal than court. The judge will ask questions, and both sides present their case. Make sure you gather evidence like training materials showing you were authorized to access those systems, performance reviews, and any emails/texts that support your side. The Unemployment Law Project offers free/low-cost legal help for people who can't afford private attorneys. Their number is 206-441-9178 or toll-free 1-888-441-9178. They do consultations and might be able to help with your case.

u dont need a lawyr for ur first appeal!!! ESD hearing judges r pretty fair & they know employers lie ALL THE TIME to avoid UI claims on their account. just make sure u have proof ready 2 show the judge - screenshots of ur training, any emails showing u were allowed 2 do what they say u weren't, etc. also get statements from coworkers if u can!! just be organized & speak clearly. dont interrupt! they'll give u chance 2 talk. i won mine without a lawyer & got $8700 in backpay after!!

THEY ALWAYS SIDE WITH EMPLOYERS!!! The entire system is rigged against workers. I had 3 HEARINGS and lost every one even with proof my boss was lying. Don't get your hopes up. The "judges" are just ESD employees who rubber stamp whatever employers say. You should still try tho. Just saying don't count on winning.

Have you tried contacting ESD through their eServices message center instead of calling? I had better luck getting responses that way. When I was fighting a similar situation last year, I spent days trying to get through on the phone with no luck. I finally found out about Claimyr.com which helped me connect with an ESD agent within about 20 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was a lifesaver because I was able to talk to someone who added notes to my file before my hearing showing I had tried to explain my side. Regarding attorneys - I used the free consultation from the Unemployment Law Project mentioned above, and they helped me prepare even though I represented myself at the hearing. They walked me through what to expect and how to organize my evidence. Definitely worth contacting them!

I had this exact issue last month!!! my supervisor gave me access to the customer database then later claimed i wasn't supposed to have it. total setup. anyway, what worked for me was getting a statement from a coworker who confirmed i was trained to use that system. do you have anyone who can back up your story?

Former ESD appeal attorney here. The deadline to appeal is critical - file it even if you're still gathering evidence. You can always withdraw if needed. For your specific situation (alleged unauthorized data access), you'll need to prove: 1. You were authorized to access the systems in question 2. You used them for legitimate work purposes 3. You didn't violate any clearly communicated policies The legal standard for misconduct in Washington requires that your actions were: - Willful or wanton - Deliberately violating employer interests - Showing substantial disregard for your employment obligations If this was simply a misunderstanding about what systems you were allowed to use, that typically doesn't rise to misconduct level. Make sure you emphasize your 4-year positive work history and perfect performance reviews. As for legal representation, the Unemployment Law Project is excellent and offers sliding scale fees. Call them at 206-441-9178 or visit unemploymentlawproject.org.

One thing that really helped me win my appeal was printing out the actual RCW (state law) definition of misconduct and bringing it to my hearing. It's RCW 50.04.294 if you want to look it up. The legal definition is much narrower than what most employers think. Most importantly, if this was just a misunderstanding about which systems you were authorized to use, that's likely NOT misconduct under the law. Misconduct requires you to deliberately disregard your employer's interests. Bring any training materials or emails showing you were given access to these systems. If you have performance reviews showing you were a good employee, bring those too - they help show you wouldn't deliberately violate policy. Oh, and if you decide to get an attorney, many will do a free consultation to evaluate your case. Some work on contingency (only get paid if you win).