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Isaiah Thompson

Washington ESD appeal hearing next week - how to win an unemployment appeal?

Got my Washington ESD appeal hearing scheduled for next Tuesday and I'm honestly terrified. My former employer is claiming I was fired for misconduct but that's completely false - I was let go because they said I wasn't meeting performance standards during my 90-day probationary period. They're saying I was late too many times but I have documentation that I cleared all my tardiness with my supervisor due to my daughter's medical appointments. This is my first time dealing with an unemployment appeal and I have no idea what to expect. What should I bring to the hearing? How do I prove my case? Any advice on how to win this would be incredibly helpful.

Ruby Garcia

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First thing - gather ALL your documentation. Employment contract, performance reviews, any emails between you and your supervisor about the tardiness, medical appointment records, anything that shows you communicated with management about your absences. The burden of proof is on your employer to show misconduct, not on you to prove innocence.

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I do have some emails where my supervisor acknowledged my daughter's appointments. Should I print those out or can I show them on my phone?

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Ruby Garcia

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Print them out and organize them chronologically. Also make copies for the judge and your employer's representative. Having everything organized shows you're prepared and takes this seriously.

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Performance issues during probationary period usually don't qualify as misconduct for unemployment purposes. There's a big difference between not being good at your job and willful misconduct. If they were going to fire you for attendance, they needed to show you were deliberately violating policy after warnings.

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That's what I thought! They never gave me any written warnings about attendance, just verbal mentions during our weekly check-ins.

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Exactly - misconduct has to be willful and substantial. Sounds like OP has a good case here.

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ugh I've been trying to get through to Washington ESD for weeks about my own appeal situation and their phone lines are impossible. I found this service called Claimyr (claimyr.com) that actually got me connected to a real person within 20 minutes. They have a demo video showing how it works: https://youtu.be/7DieNd3C7zQ. Might be worth checking out if you need to talk to someone at Washington ESD before your hearing.

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Thanks, I'll look into that. I was wondering if I should try calling Washington ESD to ask about what to expect at the hearing.

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Maya Lewis

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Wait is that legit? How much does it cost? Sounds too good to be true tbh

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It's real, I was skeptical too but it actually worked. They don't ask for personal info upfront and you only pay if they successfully connect you.

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Isaac Wright

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DOCUMENT EVERYTHING about the hearing too. Take notes during the testimony, especially if your employer says something that contradicts what they put in their initial response. Sometimes they change their story and you can catch them in inconsistencies.

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Good point. Should I bring a notebook or can I take notes on my phone?

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Isaac Wright

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Notebook looks more professional. Also shows you're taking it seriously. Some judges don't like phones being used during hearings.

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Lucy Taylor

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Practice telling your story beforehand. You'll probably get nervous during the actual hearing so rehearse the key points - why you were late, how you communicated with management, what your supervisor said about the medical appointments. Keep it factual and don't get emotional even if they make you mad.

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That's really good advice. I tend to ramble when I'm nervous so I should probably write down the main points.

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Lucy Taylor

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Yes! Stick to the facts and answer only what they ask. Don't volunteer extra information that might hurt your case.

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Connor Murphy

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This is so important. I lost my first appeal because I started talking about other issues at work that weren't relevant to my termination.

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KhalilStar

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Make sure you understand the difference between misconduct and poor performance. Washington ESD has specific criteria for what counts as misconduct - it has to be willful violation of company policy or deliberate disregard of employer interests. Being late due to medical appointments that were approved doesn't sound like misconduct to me.

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That makes me feel better. They're trying to make it sound like I was just showing up whenever I wanted but that's not true at all.

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Right, and the fact that you were communicating with your supervisor about the appointments shows good faith effort to manage the situation.

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Kaiya Rivera

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Don't forget to request your personnel file from HR if you haven't already. Sometimes there are things in there that can help your case - or things that aren't in there that should be (like disciplinary actions they claim happened but never documented).

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Oh wow I didn't think of that. Is it too late to request it before Tuesday?

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Kaiya Rivera

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You can try - they're supposed to provide it within a reasonable time. Even if you don't get it before the hearing you can mention during testimony that you requested it but haven't received it.

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In Washington they have to give you your personnel file within a certain timeframe if you request it. Look up the specific law.

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Noah Irving

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Be prepared for your employer to bring witnesses. They might have your supervisor or HR person testify. Don't let that intimidate you - stick to your facts and point out any inconsistencies in their testimony with the documentation you have.

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I'm worried about facing my old supervisor. This whole thing has been so stressful.

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Vanessa Chang

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I know it's hard but try to stay calm and professional. The judge has heard these cases before and can usually tell when someone is being truthful.

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Madison King

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If you have any witnesses of your own who can testify about your work ethic or the fact that you communicated about the appointments, see if they can participate in the hearing. Even a coworker who can verify that you always let people know when you'd be late can be helpful.

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I do have one coworker who might be willing to help. How does that work - do they need to be there in person?

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Madison King

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Most appeal hearings are done by phone now so they can call in. Just make sure to let Washington ESD know ahead of time that you'll have a witness.

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Julian Paolo

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whatever you do dont admit to being late even if you were. make them prove everything and dont help their case by admitting stuff

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Ruby Garcia

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That's bad advice. Don't lie at an unemployment hearing. If you were late but had good cause and communicated about it, that's different from misconduct.

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Ella Knight

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Agree with the above - being honest about what happened but explaining the circumstances is way better than getting caught in a lie.

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I used Claimyr last month when I needed to check on my adjudication status and couldn't get through to Washington ESD. Worked exactly like they said it would - got connected to someone who could actually help me understand what was holding up my claim. Would definitely recommend if you need to talk to Washington ESD before your hearing.

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Did they help you understand the appeal process at all or just claim status stuff?

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The Washington ESD person I talked to was able to explain what to expect at my hearing and what documents would be most important to bring.

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Just went through this same thing 2 months ago. The key is staying organized and letting the employer hang themselves with their own testimony. If they can't prove willful misconduct with documentation, you should win. Sounds like you have a solid case.

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That gives me hope. What was the outcome of your hearing?

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Won it. My employer claimed I was fired for attendance but couldn't provide any written warnings or documentation of their attendance policy. Judge ruled in my favor.

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Jade Santiago

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Same here - won my appeal because employer claimed misconduct but had no documentation to back it up. Washington ESD takes documentation seriously.

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Caleb Stone

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Remember that the judge is supposed to be neutral. They're not trying to deny you benefits, they're trying to determine if your employer has met the burden of proving misconduct. Focus on the facts and let the evidence speak for itself.

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Thank you everyone for all this advice. I feel much more prepared now and less panicked about Tuesday.

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Daniel Price

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Good luck! Come back and let us know how it goes. Your situation might help someone else in the future.

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Olivia Evans

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One more thing - if you lose the appeal, you can usually appeal to the next level (Board of Appeals). Don't give up if the first decision doesn't go your way. But from what you've described, I think you have a good chance of winning at this level.

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Hopefully it won't come to that but good to know there are other options if needed.

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The Board of Appeals reviews the lower judge's decision for legal errors, so having a good record from the first hearing is important either way.

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