Need attorney for ESD appeal hearing after former employer disputes unemployment benefits

I went through something similar last year. The Unemployment Law Project (unemploymentlawproject.org) offers free or sliding scale representation for unemployment hearings. They helped me prepare and actually won my case when my employer tried claiming I quit voluntarily when I was actually laid off. Call them ASAP since they get booked up quickly.\n\nAlso - make sure your boyfriend gathers ALL documentation related to his employment: performance reviews, emails about training, any written warnings, the termination notice, etc. The more paper trail you have contradicting the misconduct claim, the better position you'll be in. Good luck!

Thank you so much for this recommendation! I just checked out their website and they seem perfect for our situation. We'll definitely call them tomorrow morning. Did you have to provide financial information to qualify for their services? And approximately how long before your hearing did you contact them?

i had a hearing back in 2024 and just represented myself it wasnt as scary as i thought!! the judge was actually pretty nice and just asked questions back and forth from me and my old boss. if your bf can clearly explain why it was performance and not misconduct he might be ok without a lawyer. misconduct is like stealing or harassment, not just not meeting targets or whatever. they know employers try to get out of paying UI all the time lol

I wouldn't take this chance with $7,200 on the line! Employers often bring HR people or even their own attorneys who know exactly what to say to win these cases. One wrong statement and the judge could rule against him. The definition of misconduct for UI purposes is very specific - get professional help!

fair point! i only had like $2300 at stake so wasnt worth lawyer fees for me but yea with over 7k thats different

Beyond the Unemployment Law Project that someone already mentioned, here are some other resources in WA that might help:\n\n1. Northwest Justice Project - they offer free legal services to low-income people (call CLEAR hotline at 1-888-201-1014)\n\n2. Washington State Bar Association's Moderate Means Program - for moderate income folks (www.wsba.org/connect-serve/volunteer-opportunities/mmp)\n\n3. Tacoma Pro Bono (tacomaprobono.org) - they sometimes take unemployment cases\n\nMake sure your boyfriend thoroughly understands the difference between misconduct and performance issues. For ESD purposes, misconduct typically requires a willful or wanton disregard of the employer's interest. Simple performance issues, inability to do the job, or good faith errors usually DON'T qualify as misconduct.\n\nIf he goes in without representation, he should prepare a detailed timeline of events, documentation of any training (or lack thereof) for the changed role, and any evidence showing he was making good faith efforts to meet expectations. The employer will have the burden of proving misconduct.

This is incredibly helpful, thank you! I didn't know about these other options. We're definitely going to check with the Unemployment Law Project first, but it's good to have backups. You mentioned the difference between misconduct and performance issues - his former employer changed his role from customer service to sales with only a one-day training session, then fired him for not meeting sales targets after 6 weeks. Would that help our case?

This EXACT thing happened to me!!! My ex-employer waited until I found a new job and then contested my UI benefits claiming I was \

Oh no, I'm so sorry that happened to you! This is exactly what we're afraid of. Did you appeal the decision? I've read that you can appeal within 30 days if you lose the initial hearing. And did you have to repay all at once or were you able to set up a payment plan with ESD?

I've dealt with ESD for years (unfortunately lol) and had multiple hearings. The trick is getting in touch with an actual ESD agent BEFORE your hearing to understand exactly what your former employer is claiming. Have you been able to reach anyone at ESD to discuss the case details?\n\nAfter struggling for weeks to get through to ESD on my last claim issue, I found this service called Claimyr (claimyr.com) that got me connected to an ESD agent in under an hour when I had been trying for days on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nUnderstanding exactly what the employer is alleging before the hearing will help you prepare much better, whether you get representation or not. Good luck with everything!

Yesss! I used claimyr too when my claim got stuck in adjudication for 2 months! worth every penny to finally talk to a real person instead of that stupid automated system.

We've been calling ESD for days with no luck getting through. Just tried again this morning and got disconnected after waiting for an hour. I'll definitely check out this service - you're right that understanding what they're specifically claiming would help us prepare better. Thank you!

Quick question - did your bf get any kind of warning letter b4 being fired? Cuz if not thats a big point in his favor!! My cousin's employer tried claiming misconduct after firing him with zero warnings and the judge basically laughed them out of the hearing. Said something like \

That's actually really helpful! He didn't receive any formal written warnings - there were a couple of casual conversations about him needing to

Since you mentioned the separation wasn't straightforward, here's what ESD specifically looks for in misconduct cases:\n\n1. Was the behavior willful or intentional (not just inability to perform)\n2. Was there a reasonable employer expectation that was violated\n3. Was the behavior harmful to the employer's business interests\n4. Did the employee know about the policy/expectation\n\nIf your boyfriend's issue was truly performance-based after a role change with inadequate training, focus on:\n- Documentation showing the role change\n- Evidence of requesting additional training/support\n- Any positive performance in his previous role\n- The short timeframe between role change and termination\n\nMost importantly, prepare a clear, concise timeline of events. Judges appreciate organization and facts rather than emotional appeals. And if terms like \

This breakdown is incredibly helpful - thank you! We've started putting together a timeline with all the documentation we have. One question: would emails he sent to his supervisor asking for additional training help our case? He has several where he specifically requested more guidance on the sales processes after they moved him from customer service.

anyone else notice how employers ALWAYS wait until you get a new job before contesting UI?? its like they know youre finally getting back on your feet and decide to try and knock you down again smh

YESSS!!!! It's because they're EVIL and want to mess with your life even after you're gone! My ex-boss literally told HR \

It's actually because employers' unemployment insurance rates are affected by how many former employees successfully claim benefits. Their UI tax rates go up when too many claims are paid out. But you're right that it seems particularly vindictive when they wait until you're already reemployed to contest it.

One more thing - make sure your boyfriend continues to attend all scheduled hearing proceedings even if you secure representation. I've seen cases where the claimant thought their lawyer would handle everything and didn't show up themselves, which can result in an automatic ruling against them. The OAH judges expect both parties to participate.\n\nAlso, if you're unable to secure representation before the hearing date, you can request a continuance (postponement) by contacting the OAH directly. You'll need a good reason, but \

That's great advice - thank you! I'll make sure he understands he needs to be present regardless of whether we find an attorney. We'll also look into the continuance option if needed. The hearing notice says it will be conducted by phone - is that standard procedure or should we request an in-person hearing instead?