Need advice on appealing ESD denial to WA Supreme Court without legal help
Hi everyone, I'm at my wit's end with my unemployment appeal case. I exhausted all the regular appeal options with ESD and just lost at the Court of Appeals level. The Unemployment Law Project was representing me but told me they don't have the resources to take my case to the Supreme Court, though they think I should pursue it. I've talked to two private attorneys who also said I have a good case for the Supreme Court, but I absolutely cannot afford their fees ($5,800+ was the lowest quote). Has anyone here navigated the Supreme Court appeal process on their own for an unemployment case? What paperwork did you need to file? Are there templates somewhere? I'm terrified of missing a deadline or filing the wrong thing. This is truly my last chance, and the stress is crushing me. I'm a single parent, and without this backpay, I'm seriously worried about keeping our housing situation stable. The whole process has left me depressed and full of anxiety. Any guidance would be so appreciated.
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Mila Walker
I went through this lass year!! It's scary but doable. You need to file a petition for review within 30 days of the Court of Appeals decision. The Supreme Court website has the basic forms but not specific to unemployment cases. The tricky part is formatting everything according to their rules. I spent HOURS at the law library downtown using their resources. Make sure you clearly explain why your case deserves supreme court attention - they only take like 2-3% of petitions. Good luck!
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Ethan Clark
•Thank you so much for responding! This gives me hope. Do you remember how long your petition needed to be? And did you have to serve copies to ESD or their attorneys? Did you win your case? Sorry for all the questions, I'm just desperate for any concrete info.
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Mila Walker
•My petition was about 15 pages. Yes, you must serve ESD's attorney (AAG office). I didn't win ultimately - they declined to hear my case. But my situation was different, I was fighting an overpayment issue. Don't be discouraged though! If multiple attorneys say you have a good case, that's promising.
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Logan Scott
Former paralegal here. The Supreme Court process is complex but not impossible for self-representation. The key documents you need: 1. Petition for Review (due 30 days after Court of Appeals decision) 2. Appendix with relevant lower court documents 3. Brief if the petition is accepted The Court's website has the formatting requirements. Focus on explaining why your case involves an error of law that has significance beyond just your situation - that's what gets their attention. The filing fee is around $290, but you can file a fee waiver if you're low-income. Do you know what specific legal error you're challenging from the Court of Appeals decision?
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Ethan Clark
•This is so helpful! I think the big error was that the Court of Appeals completely ignored that ESD disregarded clear documentation I submitted proving I didn't quit voluntarily. My employer claimed I abandoned my job, but I had text messages and emails showing I was told not to come back. The court just rubber-stamped ESD's decision without addressing this evidence.
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Logan Scott
•That's definitely the type of issue you want to focus on - procedural fairness and failure to consider evidence. Make sure you specifically cite what evidence was ignored and where in the record it appears. If you can afford it, consider paying an attorney just for a few hours to review your petition before filing. It might cost $500-700 but could significantly improve your chances if they can polish the legal arguments.
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Chloe Green
Have you tried contacting ESD directly to resolve this before going through the Supreme Court route? I had a nightmare with my claim last year - denied, appealed, denied again. Couldn't get through on the phone forever. I finally used this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent within 25 minutes instead of trying for days on my own. They have a video demo too: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with actually found that my case had been misclassified and fixed it on the spot. Might be worth trying before going through the whole Supreme Court process which sounds super complicated.
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Ethan Clark
•At this point, it's beyond what an ESD agent can fix since it's already gone through multiple appeal levels. But I might try that service anyway to see if I can at least get information about what happens if the Supreme Court declines to hear my case. Thanks for the suggestion.
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Lucas Adams
not sure if this helps but my cousin went thru similar thing last year. he ended up losing but said if he could do it over he would have focussed more on the "legal significance" part. I guess supreme court only takes cases that might set precidents or something
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Ethan Clark
•That's what the attorneys I talked to mentioned too - that I need to show why my case matters beyond just my situation. I think there's a bigger issue about how ESD handles evidence that contradicts what employers claim. Thanks for the insight!
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Harper Hill
THE SYSTEM IS COMPLETELY RIGGED AGAINST US!!! Sorry you're going through this, but I'm not shocked. I fought ESD for 14 MONTHS and lost at every level. They don't care about evidence. They don't care about us. They protect employers at all costs. Courts just rubber stamp whatever ESD decides. It's all corrupt. I lost my apartment fighting my case. The stress made me physically ill. Not trying to discourage you but be prepared for disappointment. They make the process so complicated ON PURPOSE so regular people give up. It's disgusting.
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Ethan Clark
•I'm so sorry you went through that. I've definitely had moments where I felt exactly what you're describing. It does seem like the system is designed to wear people down until they give up. I'm trying to stay positive but also realistic. The whole experience has been eye-opening in the worst way.
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Harper Hill
•I don't mean to be so negative. I hope your case is different. Just take care of your mental health through this process. That's the one thing I wish I'd done differently. The stress made everything worse.
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Caden Nguyen
You may want to check with Northwest Justice Project or your local legal aid office. They sometimes take cases that the Unemployment Law Project can't handle. Also, if you're filing on your own, make sure to request a fee waiver using the GR 34 form if you can't afford the filing fees. The court clerk's office can sometimes provide basic guidance on the procedural requirements too. I'm curious - what is the specific legal issue in your case that makes attorneys think the Supreme Court might be interested? Was there a split decision in the Court of Appeals or a dissenting opinion?
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Ethan Clark
•Thanks for these suggestions! I'll definitely check with NJP. And yes, there was a dissenting opinion from one judge who specifically mentioned that ESD disregarded critical evidence without explanation. The attorneys I spoke with said this creates a procedural issue about fair hearings that might interest the Supreme Court since it could affect how all ESD cases are handled.
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Caden Nguyen
•A dissenting opinion is actually quite significant! Make sure you highlight that prominently in your petition. The Supreme Court is much more likely to review cases with dissents because it indicates a legitimate legal controversy. This definitely improves your chances. The procedural fairness angle is exactly the kind of issue that can have broader implications beyond just your case.
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Mila Walker
Something else to consider - filing deadlines for Supreme Court are SUPER strict. Missing even by one day means automatic loss. Make sure you're counting calendar days not business days. Also remember you need to serve ESD's attorneys too, not just file with court.
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Ethan Clark
•Thanks for the reminder! My Court of Appeals decision was issued on February 7th, so I need to file by March 9th. That gives me just over two weeks to get everything together. I'll make sure to build in extra time for any issues that might come up.
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Logan Scott
One last suggestion - check if any law schools in your area have legal clinics. Sometimes they take on interesting cases like yours as teaching opportunities for law students (supervised by professors). Might be worth a call to see if they'd be interested, especially since multiple attorneys think your case has merit.
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Ethan Clark
•That's a brilliant idea! There are a couple of law schools within driving distance. I'll reach out to them tomorrow. Even if they can't take the whole case, maybe they could help me with drafting the petition. Thank you so much for this suggestion!
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