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Finley Garrett

Washington ESD claim denied - employer says minimum wage caused job loss, need help with appeal

My Washington ESD unemployment claim got denied because my former employer is claiming they had to let me go due to minimum wage increases causing a 'job shortage' in their budget. They're saying it wasn't my fault but also that it doesn't qualify me for UI benefits. This doesn't make sense to me - if I lost my job through no fault of my own, shouldn't I qualify? The denial letter references some economic policy stuff that I don't understand. Has anyone dealt with Washington ESD denying claims based on minimum wage job losses? I really need these benefits and don't know if I should appeal or what documentation I'd need.

That's completely wrong on their part. If you lost your job due to budget cuts or layoffs, that's exactly what unemployment insurance is for. The reason for the layoff (minimum wage, economic conditions, etc.) doesn't matter - what matters is that you weren't fired for misconduct. You should definitely appeal this decision.

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Thanks! Do I need to prove anything specific about why they let me go, or is their own admission that it wasn't my fault enough?

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Their admission should be enough, but gather any documentation you have - your termination letter, emails about layoffs, anything that shows it was a business decision not related to your performance.

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I've been trying to reach Washington ESD for weeks about my own appeal and their phone lines are impossible. Anyone have luck getting through?

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I had the same problem until someone told me about Claimyr. It's a service that helps you get through to Washington ESD agents by phone. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works. Finally got my adjudication issue resolved after being stuck for a month.

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Wait, employers can just claim minimum wage caused job losses and get out of paying into the UI system? That seems like it would be abused constantly.

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No, that's not how it works. Employers pay into unemployment insurance regardless of why they lay people off. This sounds like either a miscommunication or the employer trying to avoid their UI tax liability somehow.

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Gotcha, so the original poster should definitely appeal then. This sounds sketchy on the employer's part.

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I work in HR and this is nonsense. Economic layoffs, including those due to labor cost increases, are covered under unemployment insurance. Your employer might be disputing the claim to keep their UI tax rate low, but that doesn't change your eligibility. File the appeal immediately - you only have 30 days from the determination date.

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Thank you! The determination is dated last week so I still have time. Do I need a lawyer for the appeal or can I handle it myself?

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You can handle it yourself for most cases. Just be clear about the facts: you were laid off for business reasons, not fired for cause. Include any documentation you have about the layoff.

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Sometimes having representation helps though, especially if the employer is being difficult. At minimum, try calling Washington ESD to discuss your case before the appeal hearing.

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This happened to my friend last year and she won her appeal. The key was showing that she was laid off due to business conditions, not her performance or behavior. Document everything!

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Did she have to go to a hearing or was it resolved through paperwork?

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It was just paperwork initially, but when the employer contested it, she had to do a phone hearing. She won because she had all her documentation organized.

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THE WHOLE SYSTEM IS RIGGED! Employers can just make up any excuse and Washington ESD believes them over the workers. I've been fighting my claim for 6 months now.

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I understand the frustration, but this case sounds winnable. Economic layoffs are clearly covered under UI law. Sometimes you just need to present the facts clearly.

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maybe for some people but they seem to find excuses to deny everyone these days

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Check your determination letter carefully. Sometimes they list multiple reasons for denial and you need to address each one in your appeal. Also make sure you understand exactly what your employer told them.

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Good point. The letter mentions 'voluntary quit' in one section but then talks about the job shortage thing. Maybe they're confused about what happened?

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That's a red flag. If there's confusion about whether you quit or were laid off, that's definitely something to clarify in your appeal. You'll want to be very clear about the timeline and circumstances.

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I had to appeal a similar decision and couldn't get through to Washington ESD for weeks. Finally used that Claimyr service someone mentioned here and got connected the same day. The agent helped me understand what documentation I needed for my appeal.

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Was it worth it? I'm getting desperate to talk to someone who can explain this denial.

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Absolutely. Being able to actually speak with a Washington ESD representative who could look at my file and explain the issues was huge. Saved me weeks of guessing what they needed.

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Document everything from your last day of work. Get a copy of your personnel file if possible. If other employees were laid off at the same time, that strengthens your case that it was a business decision.

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Three other people got laid off the same week as me. Should I mention that in my appeal?

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Definitely! That's strong evidence it was a reduction in force, not anything related to your individual performance.

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whatever you do dont wait too long to file the appeal. I missed my deadline by two days and had to start the whole process over again

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Thanks for the warning! I'm going to file it tomorrow morning.

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I'm not sure about minimum wage stuff but I know that if you were laid off and not fired for misconduct, you should qualify for benefits. The economic reasons for the layoff shouldn't matter.

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Exactly right. Whether it's due to minimum wage increases, loss of contracts, seasonal slowdown, or any other business reason, layoffs generally qualify for UI benefits.

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This is why I always save every email and document from work. You never know when you'll need proof of what really happened. Hope your appeal goes well!

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I wish I had been better about that. I do have the group email they sent about the layoffs though, so that should help.

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Been through the appeal process twice and won both times. The key is being organized and sticking to the facts. Don't get emotional, just present the evidence that you were laid off for business reasons.

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Any tips for the hearing if it gets to that point?

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Be prepared to answer questions about your last day, any warnings or performance issues (there shouldn't be any in your case), and the circumstances of the layoff. Have your documents ready to reference.

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Sounds like your employer might be trying to avoid paying increased UI taxes. Companies sometimes dispute legitimate claims to keep their rates down, but that doesn't mean you won't win the appeal.

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That makes sense. It's frustrating that I have to fight for benefits I legitimately earned just because they want to save money.

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Unfortunately it's pretty common. The good news is that cases like yours with clear documentation usually get approved on appeal.

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Make sure you're still filing your weekly claims while the appeal is pending! A lot of people forget to do that and lose out on back pay.

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Good reminder! I've been filing them but wasn't sure if I should continue during the appeal process.

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Yes, keep filing. If you win the appeal, you'll get paid for all those weeks. If you don't file, you can't get paid for them later.

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The fact that they admitted it wasn't your fault should make this an easy win. Sometimes Washington ESD just needs to see the appeal to take a closer look at the case.

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I hope so! I'm putting together all my documentation now and will file the appeal first thing Monday morning.

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good luck with your appeal! sounds like you have a strong case especially if multiple people got laid off at the same time

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Thank you! This thread has been really helpful. I feel much more confident about appealing now.

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Just wanted to follow up on the Claimyr thing I mentioned earlier - I know some people are skeptical about using services like that, but honestly when you can't get through to Washington ESD for weeks at a time, it's a lifesaver. Especially for something like this where you need to understand exactly why they denied your claim.

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I was skeptical at first too but after being hung up on 20+ times trying to reach Washington ESD, I tried it and finally got answers about my adjudication. Sometimes you just need to talk to a real person who can look at your file.

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I might try that if I can't get clarity on my denial letter. There are parts of it that just don't make sense to me.

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