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Victoria Scott

Should I appeal my Washington ESD unemployment decision - worth the hassle?

Got my determination letter from Washington ESD last week and they denied my claim saying I quit without good cause. Thing is, my supervisor was creating a hostile work environment and I had to leave for my mental health. I documented everything but they still denied it. The appeal deadline is coming up fast and I'm wondering if it's even worth fighting this. Has anyone here successfully appealed a Washington ESD decision like this? What are my actual chances of winning?

Yes, you should definitely appeal! Hostile work environment can qualify as good cause for leaving if you document it properly. You have 30 days from the date on your determination letter to file the appeal. Don't let that deadline pass - you can always withdraw the appeal later if you change your mind.

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Thanks! Do I need a lawyer for this or can I represent myself at the hearing?

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You can represent yourself. Most people do. Just make sure you have all your documentation organized and be prepared to explain your situation clearly.

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I appealed my Washington ESD decision last year and won. The key is having documentation. Do you have emails, witness statements, anything that shows the hostile environment? That's what made the difference in my case.

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I have some emails and text messages from coworkers who witnessed the behavior. Also documented incidents in my personal notes with dates.

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Perfect! Those personal notes with dates are actually really valuable. The administrative law judge will want to see that you were tracking the problems as they happened.

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Before you go through all the appeal hassle, have you tried calling Washington ESD to discuss your case? Sometimes they can reconsider without a formal appeal if you provide additional information. I used Claimyr.com to get through to an actual agent when I couldn't reach anyone - they have this system that calls you back when an agent is available. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that service. Does it actually work? I've been trying to call Washington ESD for weeks with no luck.

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Yeah it worked for me. Saved me hours of redialing. They basically keep trying until they get through then call you back. Worth trying before you go to a formal appeal.

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Wait, so this Claimyr thing can actually get you through to Washington ESD? I've been trying to reach them about my adjudication for months!

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The appeal process isn't that bad honestly. I went through it two years ago. You'll get a phone hearing with an administrative law judge, usually scheduled within 4-6 weeks. Just be honest and stick to the facts.

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How long did the whole process take from filing the appeal to getting a decision?

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About 8 weeks total. The hearing itself was only like 30 minutes. They ask you questions, your former employer can participate if they want, then you wait for the written decision.

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ugh the Washington ESD appeal system is so broken. I appealed mine and it took 3 months to get a hearing scheduled. Then they ruled against me anyway even though I had all the documentation. Such a waste of time.

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That's frustrating but every case is different. If OP has good documentation of hostile work environment, they have a real chance of winning.

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maybe, but Washington ESD seems to side with employers most of the time. I'm just saying don't get your hopes up too high.

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What exactly did your supervisor do that created the hostile environment? The definition of 'good cause' is pretty specific for Washington ESD purposes. It has to be something that would cause a reasonable person to quit.

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Constant yelling, public humiliation in front of other employees, impossible deadlines set just for me while others got reasonable timelines. It was clearly targeting me specifically.

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That definitely sounds like it could meet the good cause standard. Make sure you emphasize how it affected your ability to do your job and that you tried to address it through proper channels first.

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Just appeal it. What's the worst that can happen? You're already denied so you have nothing to lose. At least this way you have a chance.

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True, I guess I'm already at rock bottom with this decision.

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One more thing - if you do decide to appeal, you might want to call Washington ESD first to see if they can add any notes to your file about the additional documentation you have. That Claimyr service I mentioned earlier really does work for getting through. Saved me from having to go through a full appeal when I was able to explain my situation directly to an agent.

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How much does that Claimyr thing cost though? I'm already broke from being unemployed.

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It's really affordable, especially compared to the stress of not being able to reach anyone at Washington ESD. Check out their site - claimyr.com

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Also want to mention - if you do appeal and win, you'll get backpay for all the weeks you should have been receiving benefits. In my case that was over $4,000. Definitely worth the effort.

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Oh wow, I didn't realize you get backpay. That changes things significantly.

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Yes! The backpay is the best part. I won my appeal and got almost 3 months of benefits paid out in one lump sum.

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whatever you decide, don't miss that 30 day deadline. Washington ESD is super strict about appeal deadlines. If you miss it, you're basically screwed.

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Good point. I need to file it this week to be safe.

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Here's what I'd recommend: 1) File the appeal immediately to preserve your rights, 2) Try calling Washington ESD to see if they'll reconsider with additional documentation, 3) Start organizing all your evidence for the hearing. You can always withdraw the appeal if they reverse the decision after your call.

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This is really helpful. I think I'll file the appeal tomorrow and then try to reach someone by phone to discuss it.

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Smart approach. Cover all your bases.

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I'm dealing with something similar. My employer is claiming I was fired for misconduct but I was just trying to advocate for workplace safety. These companies lie all the time to avoid paying unemployment insurance increases.

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Exactly! They'll say anything to avoid their UI rates going up. That's why we have to fight back.

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Are you going to appeal yours too?

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Yeah, after reading all these responses I'm definitely appealing. We should both do it.

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The Washington ESD appeal process actually worked for me. Had my hearing over the phone, explained my side of the story, and the judge reversed the decision. Don't let people scare you out of trying.

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You got lucky. Most of us don't.

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It's not luck if you have legitimate documentation and present your case clearly. The system does work sometimes.

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Quick question - when you file the appeal, do you have to keep filing your weekly claims even though you're denied?

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Yes, you should continue filing weekly claims to preserve your benefit weeks in case you win the appeal. If you don't file them, you can't get backpay for those weeks.

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Thanks! I didn't know that. Good thing I asked.

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I won my Washington ESD appeal last year for constructive dismissal. Similar situation to yours - toxic boss, documented everything. The key is showing you had no reasonable alternative but to quit. Sounds like you might have a good case.

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That's encouraging. Did you have a lawyer or represent yourself?

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Represented myself. The administrative law judge was actually pretty fair and asked good questions. Just be prepared to walk through the timeline of events clearly.

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File that appeal ASAP. Even if you're not sure, it's better to file and withdraw later than to miss the deadline. You literally have nothing to lose at this point.

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You're right. I'm going to do it first thing tomorrow morning.

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Hey, can someone explain more about that Claimyr service? I've been trying to reach Washington ESD for two months about my claim being stuck in adjudication. Regular calling isn't working.

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It's basically a callback service. You give them your info and they keep calling Washington ESD until they get through, then they connect you. Way better than sitting on hold for hours or getting hung up on.

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That sounds too good to be true. Does it really work?

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I was skeptical too but it worked for me. Got connected to an agent within a few hours when I hadn't been able to get through in weeks of trying.

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The appeal hearing isn't as scary as it sounds. The administrative law judge will ask you to explain what happened, why you left, what you tried to do to resolve the situation. Just tell the truth and stick to the facts.

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How long do the hearings usually last?

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Mine was about 45 minutes. They're pretty efficient. The judge will also give your former employer a chance to present their side if they participate.

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UPDATE: Just wanted to thank everyone for the advice. I filed my appeal this morning and also used that Claimyr service to finally get through to Washington ESD. The agent I spoke with said she's adding notes to my file about the additional documentation I have. Fingers crossed!

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Great job! You're doing everything right. Keep us posted on how it goes.

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Awesome! See, sometimes you can get things resolved just by talking to the right person at Washington ESD.

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Good luck! Hope it works out for you.

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Wait, so the Claimyr thing actually got you through to someone at Washington ESD? I'm going to try it right now.

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