Need unemployment appeals attorney in Tacoma - ESD denied my dad's claim
My dad (59) got laid off after 14 years at a manufacturing plant and his ESD claim was denied last week. The determination letter says he was fired for misconduct, but that's completely false! His supervisor had it out for him and made up some story about him violating safety protocols. Dad's appealing the decision but we need a good unemployment attorney in Tacoma area who knows how to handle these cases. The appeal deadline is in 17 days and we're really stressing out. His benefits would be around $856/week so it's worth fighting for. Anyone know a lawyer who specializes in ESD appeals and doesn't charge too much upfront?
15 comments
Ethan Davis
I went through a similar situation last year and used Amanda Westbrook at Pacific Employment Law. She specializes in ESD appeals and unemployment hearings. She helped me overturn a misconduct disqualification. Be aware that most unemployment attorneys in WA charge between $1200-2500 depending on case complexity, but many offer payment plans. Make sure your dad requests all his employment records from the company ASAP - that's critical evidence for the hearing. Also, your dad should file his weekly claims even while appealing!
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Aisha Abdullah
•Thank you so much for the recommendation! I'll look up Amanda today. Do you remember if she charged for the initial consultation? And yes, dad's still filing his weekly claims even though they're getting denied right now. I'll tell him about requesting his employment records too - we didn't think of that.
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Yuki Tanaka
when u go to OAH hearing make sure ur dad has ALL the proof!!! my cousin got denied 4 "misconduct" but we had emails proving his boss was lying. the judge totally sided with us!!! ESD is sooooo biased toward employers its crazy. also we recorded all convos w/his boss (WA is one-party consent state) and that SAVED US. get a lawyer but also collect EVERYTHING
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Aisha Abdullah
•That's really good advice about recording conversations. I'm not sure if Dad has any recordings but I know he has some emails contradicting what his boss claimed. I'm gonna help him gather everything this weekend.
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Carmen Ortiz
Honestly, you might not even need a lawyer. I successfully appealed my ESD misconduct denial on my own. The OAH judges are actually pretty fair if you present your case well. Here's what to do: 1. Request a complete copy of your dad's ESD file through their records department 2. Get statements from any coworkers who can confirm his version 3. Study the ESD handbook definition of misconduct carefully - it's narrower than you think 4. Practice what he'll say at the hearing - be concise and factual If you still want a lawyer, try the Unemployment Law Project in Seattle. They offer sliding scale fees and sometimes take cases pro bono: https://unemploymentlawproject.org/
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MidnightRider
•I disagree with handling it alone. I tried that and LOST. Wish I had hired someone who knew what they were doing. The appeal hearing is very structured with specific rules of evidence and procedure that most people don't understand. The employer usually has HR people who do these hearings all the time. Not worth risking $20K+ in benefits to save a couple thousand on a lawyer IMO.
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Carmen Ortiz
•Fair point - it definitely depends on case complexity and how comfortable someone is with the process. The Unemployment Law Project I mentioned offers free workshops on handling appeals too, so that might be a good middle ground.
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Andre Laurent
Have you tried reaching ESD directly to discuss the determination before jumping to an attorney? Sometimes they'll reconsider if you can provide additional info they didn't have during initial review. I spent weeks trying to get through on the phone before I found Claimyr (claimyr.com). They got me connected to an ESD agent in less than 2 hours when I'd been trying for days. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Getting to actually talk to someone at ESD helped me resolve my issue without needing the appeal hearing. Might be worth trying before spending on a lawyer.
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Aisha Abdullah
•We tried calling ESD multiple times but kept getting disconnected after waiting on hold forever. I'll check out that Claimyr service - if we could actually talk to someone that would be helpful. Maybe they could explain exactly why they sided with the employer.
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Zoe Papadopoulos
Whatever you do, DO NOT miss that appeal deadline!!! File the appeal right away even if you're still looking for a lawyer. You can always get representation later, but if you miss that deadline, you're completely out of luck. Check out the Washington Law Center - they have unemployment attorneys and offices in Tacoma. I think their initial consult is free.
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Aisha Abdullah
•Thanks for the warning - we already submitted the basic appeal form online the day after getting the determination letter. We just want to make sure we have good representation for the actual hearing. I'll add Washington Law Center to our list of places to call.
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MidnightRider
I had to appeal an ESD decision last year and used Christopher Thayer at Pivotal Law Group. He's not cheap ($295/hr when I used him) but he knows unemployment law inside and out. He destroyed the employer's arguments and got my benefits approved plus all backpay. If the weekly benefit amount is really $856, that's over $22k annually, so spending a couple thousand on a good lawyer makes financial sense. One warning though - appeals are taking FOREVER right now. Mine took 4 months from filing to hearing date. Make sure your dad is looking for work while waiting and documenting his job search activities perfectly.
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Jamal Washington
•4 MONTHS??? Omg that's insane! I had to wait 6 weeks for mine last year and thought THAT was bad. The system is so broken...
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Ethan Davis
One more thing about ESD misconduct cases - the burden of proof is on the EMPLOYER to prove misconduct, not on your dad to disprove it. Make sure his attorney emphasizes this. The legal standard for misconduct in WA unemployment is pretty strict - it has to be a deliberate or willful disregard of the employer's interest, not just poor performance or a good faith error in judgment. This is why having an attorney who specializes in ESD cases specifically (not just any employment lawyer) is so important.
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Aisha Abdullah
•That's really helpful to know about the burden of proof. Dad's former employer is claiming he deliberately ignored safety protocols, but he's been following the same procedures for years without any write-ups. It feels like they just didn't want to pay unemployment for such a long-term employee. We'll definitely find an attorney who specializes in ESD cases specifically.
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