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Harold Oh

Should I get a lawyer for Washington ESD unemployment appeal hearing?

My Washington ESD claim got denied for 'voluntary quit' even though I was basically forced out due to unsafe working conditions. I have an appeal hearing scheduled in 3 weeks and I'm wondering if I should hire a lawyer or try to represent myself. The denial letter says I can have representation but doesn't really explain if it's worth it. Has anyone here gone through an appeal hearing? Did you use a lawyer or handle it yourself? I'm worried about the cost but also scared I'll mess up my case if I go alone.

I went through an appeal hearing last year for a similar issue. You definitely CAN represent yourself, but having a lawyer who knows unemployment law really helps. They understand the specific legal standards Washington ESD uses for 'good cause' determinations. If you have documentation about the unsafe conditions, that's key evidence.

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I do have some emails and photos of the safety issues. Did your lawyer cost a lot? I'm already struggling financially which is why I need these benefits.

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Mine charged $500 flat fee for the hearing prep and representation. Some lawyers work on contingency for unemployment cases where they only get paid if you win.

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honestly you might not need a lawyer if you have good documentation. I won my appeal without one but I spent weeks preparing. The key is understanding what Washington ESD considers 'good cause' for quitting - unsafe conditions usually qualify if you can prove you tried to address it with your employer first

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I did report the safety issues to my supervisor multiple times but they kept ignoring it. I have the emails where I complained.

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That's perfect evidence! Make sure you bring printed copies of everything and organize them chronologically. Also practice explaining your case clearly and calmly.

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Before you spend money on a lawyer, have you tried calling Washington ESD to discuss your case? Sometimes they can clarify exactly what evidence they need. I know it's nearly impossible to get through their phone lines though. There's actually a service called Claimyr (claimyr.com) that helps people get through to ESD agents - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth trying to get more info before deciding on legal representation.

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I've tried calling so many times but always get disconnected. I'll check out that Claimyr thing, thanks!

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Never heard of that service but anything that helps get through to ESD sounds worth trying. Their phone system is absolutely terrible.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They make it so complicated on purpose so people give up. I say get a lawyer just to stick it to them and show you're serious about fighting their BS decision.

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I mean... that's one way to look at it I guess? But OP is asking about practical advice not political commentary.

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It IS practical advice! These hearings are adversarial - Washington ESD has lawyers on their side so you should too!

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I'd recommend at least getting a consultation with an employment lawyer. Many offer free initial consultations and can tell you if your case is strong enough to handle yourself. Look for lawyers who specifically handle unemployment appeals in Washington state.

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That's a good idea. Do you know how to find lawyers who specialize in this? Is there a directory or something?

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Washington State Bar Association has a lawyer referral service. Also try searching for 'unemployment appeal lawyer Seattle' or whatever city you're near.

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wait are you sure you even need to appeal? sometimes esd makes mistakes and you can just request reconsideration instead of going through the whole hearing process

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Reconsideration is only for new information or clear errors. If they denied for voluntary quit, an appeal hearing is usually the right path.

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Yeah I already requested reconsideration and they upheld the denial. That's why I have to do the hearing now.

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One thing to consider - if you lose the appeal hearing, you can still appeal to the Board of Appeals. But each level gets harder to win without legal help. So maybe representing yourself at the first hearing isn't as risky since you have another chance.

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I didn't know there were multiple levels of appeals. How many chances do you get?

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First is the Administrative Law Judge hearing, then Board of Appeals, then potentially Superior Court. But most cases are decided at the ALJ level.

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My brother went through this last year for a similar reason - toxic work environment that was affecting his health. He got a lawyer and won, but the lawyer said he probably could have won on his own with good preparation. The lawyer mainly helped with organizing evidence and knowing exactly what points to emphasize.

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That's helpful to know. Did the lawyer prepare him for what questions they might ask?

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Yeah, they did mock questioning to prepare him. The employer's lawyer tried to make it seem like he was just being dramatic about the safety issues.

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I'm going through something similar right now and decided to represent myself. Been spending hours reading Washington unemployment law and preparing my evidence. It's definitely doable but time-consuming. The administrative law judges are usually fair and will help clarify things if you get confused.

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Where did you find the unemployment law information? I want to make sure I understand the legal standards.

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Washington ESD website has the law sections, and there are legal aid websites with guides for unemployment appeals. WorkSource also has some resources.

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Just remember the hearing is recorded and formal - dress professionally and be respectful even if you disagree with their questions. I've seen people hurt their cases by getting argumentative with the judge.

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Good point about staying professional. I get pretty heated about this whole situation but I need to keep it together.

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Also stick to the facts and avoid emotional language. Let your evidence speak for itself.

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Update on that Claimyr service I mentioned - I actually tried it yesterday and got through to an ESD agent in about 20 minutes. They were able to explain some details about my claim that I couldn't figure out online. Might be worth trying before your hearing to get more info about exactly what they're looking for.

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That's amazing! I'm definitely going to try that today. Getting actual answers from ESD would be huge.

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How much does that service cost? Sounds too good to be true honestly.

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They have different options but I found it worth it just to finally talk to someone at ESD who could actually help.

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Whatever you decide about the lawyer, make sure you understand the timeline. You usually have to submit your evidence to the judge and the employer before the hearing. Don't wait until the last minute to get organized.

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Oh no, when do I need to submit evidence? My hearing notice didn't specify that clearly.

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Check your hearing notice again - it should say. Usually it's like 5-10 days before the hearing date. Call the Office of Administrative Hearings if you're not sure.

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I worked in HR for years and saw a lot of these cases. The key thing is proving you had 'good cause' to quit. For unsafe conditions, you need to show: 1) the conditions were genuinely unsafe, 2) you reported it to management, 3) they didn't fix it, 4) you had no reasonable alternative. Sounds like you have all that.

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That's exactly my situation! I reported it multiple times and they did nothing. I even tried going to higher management.

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Perfect. Document the timeline of your complaints and their responses (or lack of response). That shows you tried to work with them before quitting.

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honestly lawyers are expensive and you sound like you have a strong case anyway. save your money and represent yourself, worst case you can appeal again if you lose

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That's risky advice. Each level of appeal gets harder to win, so it's better to do it right the first time if possible.

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fair point but not everyone can afford lawyers. sometimes you gotta work with what you have

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Check if there are any legal aid organizations in your area that help with unemployment cases. Some provide free or low-cost representation for people who qualify financially.

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I didn't think of that! I'll look up legal aid services near me. That could be perfect.

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Northwest Justice Project might be able to help, or at least point you to local resources. They handle unemployment cases sometimes.

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Make sure you request all your employment records from your former employer if you haven't already. Sometimes they'll submit their own version of events that contradicts what actually happened. You want to be prepared to counter their narrative.

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How do I request my employment records? Do I just call HR?

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Send a written request to HR asking for your complete personnel file. They're required to provide it within a certain timeframe in Washington.

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I had a hearing last month and the employer's lawyer was really aggressive, trying to make me look like I was lying about why I quit. Having my own lawyer there to object and guide me through it was worth every penny. Just something to consider.

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That's exactly what I'm worried about. I'm not good at thinking on my feet when people are attacking what I'm saying.

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If you do represent yourself, practice answering tough questions beforehand. Have someone role-play as the employer's lawyer.

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Whatever you decide, don't let them intimidate you. You have the right to unemployment benefits if you quit for good cause, and unsafe working conditions definitely qualify. Stand up for yourself!

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Thanks for the encouragement. I know I'm in the right here, I just need to prove it convincingly.

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Exactly. Let your evidence tell the story and stay confident in your case.

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One last thought - even if you represent yourself, consider paying for an hour consultation with an unemployment lawyer just to review your evidence and strategy. Could be worth the cost for the peace of mind.

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That's a great compromise. Get some professional guidance without the full cost of representation.

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Exactly what I was suggesting earlier. Many lawyers will do this and it's usually pretty affordable.

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Good luck with whatever you decide! Sounds like you have a solid case either way. Just remember to stay organized and stick to the facts during the hearing.

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Thank you everyone for all the advice! I feel much more prepared now to make this decision.

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You've got this. The most important thing is that you're taking it seriously and preparing properly.

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