Need recommendations for an employment attorney to fight ESD adjudication decision
So I got disqualified from my unemployment benefits last week after 3 months of waiting in adjudication. ESD is claiming I quit without good cause, but I was actually forced to resign after they cut my hours to almost nothing (from 40 to 8 hours/week). I tried to explain this during my fact-finding interview but the adjudicator didn't seem to understand that constructive dismissal is a thing. I'm planning to appeal the decision since I have 30 days to do it, but I think I need a lawyer who specializes in ESD/unemployment cases. Has anyone gone through an appeal with an attorney? Any recommendations for someone who won't charge a fortune? I'm in the Tacoma area but willing to work with someone remotely if needed. This is about $14,500 in benefits I'm entitled to, so it's worth fighting for.
20 comments
Join the conversation
Geoff Richards
I fought my disqualification last year and won without an attorney. The OAH (Office of Administrative Hearings) process is designed to be handled without lawyers. You just need to organize your evidence showing constructive dismissal - emails about hour reduction, pay stubs showing the dramatic decrease, any communication where you objected to the changes, etc. Make sure you file the appeal online through your eServices account ASAP to get in the queue. The judges are pretty fair in my experience.
0 coins
Laila Fury
•Thanks for the encouragement. Did you have your hearing by phone or in person? I'm just worried I'll mess up the legal arguments since constructive dismissal seems like a specific legal concept. Did you have to cite any specific laws or precedents in your hearing?
0 coins
Simon White
omg i had the EXACT same thing happen!!! my boss cut me from 35 hrs to 12 and expected me to still be available 5 days a week, who can live on that?? ESD denied me to and I appeald but I didnt get a lawyer. BIG MISTAKE!!!! I got so nervous in the hearing I couldn't explain things properly and the judge sided with my employer. definitely get a laywer if you can afford it!!!
0 coins
Hugo Kass
•This happened to my sister too! ESD is so unfair sometimes. They seem to always believe employers over workers. The whole system is rigged against us regular people.
0 coins
Nasira Ibanez
I can recommend the Unemployment Law Project (unemploymentlawproject.org). They provide free or low-cost legal services specifically for unemployment cases. They helped me with my appeal and were fantastic. They understand all the nuances of constructive dismissal and voluntary quit exceptions. Also, make sure you continue filing your weekly claims while your appeal is pending! If you win the appeal, they'll only pay for weeks you properly certified.
0 coins
Laila Fury
•Thank you so much for this recommendation! I'll contact them right away. And good reminder about continuing weekly claims - I almost stopped since I got the disqualification notice.
0 coins
Khalil Urso
Why bother with a lawyer? The whole system is broken anyway. I spent 5 months fighting my case and even though I won, they still haven't paid me ALL the back benefits they owe. Now they're saying I have an "overpayment" from 2 years ago they need to deduct first? Complete BS. They just make up rules as they go.
0 coins
Nasira Ibanez
•I understand your frustration, but an appeal with proper representation still has a good chance of success. The law is actually quite clear that dramatic reduction in hours can qualify as good cause to quit. The key is properly documenting and presenting your case, which is exactly what specialized attorneys help with.
0 coins
Myles Regis
I was having such a hard time even REACHING anyone at ESD to discuss my appeal options. After 67 calls over 3 days (not exaggerating), I found Claimyr.com which connected me to an ESD agent in under 25 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with gave me specific advice for my appeal and explained exactly what documentation I needed to submit. Much better than trying to figure it out alone.
0 coins
Brian Downey
•Does this actually work? I've been trying to get through to ESD for weeks about my adjudication!
0 coins
Myles Regis
•Worked for me! Was skeptical at first but honestly was desperate after all those failed call attempts. Got through to a really helpful agent who answered all my questions about the appeal process.
0 coins
Geoff Richards
To answer your question about the hearing format - mine was by phone (this was last year). You don't need to cite specific laws, but having the correct terminology helps. Key phrases that helped my case: - "Material change in working conditions" - "Substantial reduction in hours" - "Reduction exceeding 25% of original schedule" The judge will know the law. Your job is just to clearly present the facts. Emphasize the difference between your original hours and the reduced schedule, any financial hardship it caused, and any attempts you made to resolve the situation before quitting.
0 coins
Laila Fury
•This is super helpful, thank you! I'll definitely use these phrases and make sure I have my pay stubs showing the drastic reduction. I tried to work with the reduced schedule for 3 weeks before I had to resign, so hopefully that shows I made a good faith effort.
0 coins
Hugo Kass
i dont get why esd makes everything so complicated!! why do we even need lawers just to get the benefits we paid into?? my niece had the same problem and she just kept refiling new claims until one got approved lol
0 coins
Nasira Ibanez
•That's actually not a good approach and could potentially result in an overpayment situation or even fraud allegations. Each claim gets assigned an ID number and they can track multiple applications from the same person. The proper way is to appeal the disqualification decision within the 30-day window.
0 coins
Brian Downey
Have you checked with your local WorkSource office? Sometimes they have free legal clinics or can refer you to pro bono attorneys who help with unemployment cases. Also, make sure to request all your claim records through a Privacy Act request before your hearing so you know exactly what your employer said about your separation.
0 coins
Laila Fury
•I didn't know WorkSource might have those resources! I'll definitely check with them. And great tip about requesting the records - I had no idea I could do that. Do I just call ESD to request them or is there a form somewhere?
0 coins
Brian Downey
•There's a specific form on the ESD website under "Records and forms" then "Request your records." It can take a couple weeks to get everything so request it ASAP.
0 coins
Geoff Richards
One more thing - when you have your hearing, the judge will ask both you and your former employer questions. Let your employer speak first and take notes on what they say. Often they'll contradict themselves or admit to things that actually help your case. Stay calm and stick to facts even if they say things that aren't true. The judge cares about documentation more than emotional arguments.
0 coins
Laila Fury
•This is excellent advice, thank you. I tend to get emotional when discussing this because it was really unfair how they treated me, but I'll focus on staying calm and letting the facts speak for themselves. I'll update here after I contact the Unemployment Law Project.
0 coins