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Sophia Long

Washington ESD denied my claim - employer says I was fired for cause, what are valid reasons an employer can deny unemployment?

My former employer is fighting my unemployment claim saying I was terminated for misconduct. Washington ESD sent me a determination letter saying my claim is denied based on their statement. I thought I was laid off due to budget cuts but apparently they're claiming I violated company policy. What are the actual legal reasons an employer can use to deny unemployment benefits in Washington? I need to know if I should appeal this or if they have a legitimate case against me.

There are specific criteria Washington ESD uses to determine misconduct. The main reasons employers can successfully deny benefits include: willful violation of company policies, insubordination, theft, excessive unexcused absences, being under the influence at work, or deliberate poor performance. The key word is 'willful' - it has to be intentional misconduct, not just poor performance or honest mistakes.

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They're saying I violated their attendance policy but I had medical issues that I documented with HR. Does that still count as willful misconduct?

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If you have medical documentation and followed proper procedures for reporting absences, that's not willful misconduct. You should definitely appeal and provide that documentation to Washington ESD.

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same thing happened to me last year, employer claimed i was fired for cause but it was really just downsizing. washington esd initially denied my claim but after i appealed with documentation they reversed it

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How long did the appeal process take? I'm worried about how I'll pay bills while this gets sorted out.

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took about 6 weeks for the hearing and decision, but once they approved it i got all the back pay from when i first filed

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I've been through this process multiple times helping people appeal. The burden of proof is on your employer to show that your actions constituted misconduct connected to your work. Simply being a poor fit or making mistakes isn't enough. Try using Claimyr (claimyr.com) - they helped me get through to Washington ESD quickly when I needed to discuss my case details. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of Claimyr before, does it actually work for getting through Washington ESD phone lines?

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Yes, it eliminates the busy signals and wait times. Much easier than trying to call Washington ESD directly at 8am with everyone else.

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Thanks for the tip, I'll check that out. I've been trying to call Washington ESD for days with no luck.

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Washington ESD looks at whether your behavior was a substantial disregard of employer interests. Things like chronic tardiness, refusing to follow direct orders, fighting with coworkers, or damaging company property typically qualify. But they also consider if you were warned about the behavior and given a chance to improve.

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I never received any written warnings about my attendance. They just called me in one day and said I was terminated.

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That's actually good for your case. Lack of progressive discipline or warnings can work in your favor during the appeal process.

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ugh the whole system is rigged against workers!! employers can make up whatever they want and washington esd just believes them automatically. i got denied twice before finally getting approved

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That's frustrating but not entirely accurate. Washington ESD does investigate these claims, they don't just take the employer's word for it.

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maybe but it sure feels like they side with employers first and ask questions later

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Here's what you need to know about appealing: You have 30 days from the date on your determination letter to file an appeal. Gather any documentation that supports your case - emails, medical records, witness statements, your employee handbook, etc. The hearing will be by phone and you'll present your side of the story.

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Should I get a lawyer for the hearing or can I represent myself?

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Many people represent themselves successfully. The process is designed to be accessible. However, if it's a complex case involving significant benefits, legal representation might be worth considering.

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I went through this exact situation 6 months ago. My employer claimed I was fired for violating safety protocols but I had proof that the incident was due to faulty equipment that I had reported multiple times. Washington ESD reversed their initial denial after the appeal hearing.

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That gives me hope. Did you have to provide a lot of documentation?

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Yes, I provided email chains showing I reported the equipment issues, photos of the faulty equipment, and a statement from a coworker who witnessed everything.

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Smart thinking keeping all that documentation. Most people don't think to save work emails until it's too late.

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One thing to remember is that Washington ESD distinguishes between misconduct and poor performance. Simple inability to do the job well isn't misconduct. The employer has to prove you deliberately acted against their interests or violated known policies with full awareness of the consequences.

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What about if you were fired during your probationary period? Does that change anything?

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Being in probationary period doesn't automatically disqualify you from benefits. It still has to meet the misconduct standard, though employers have more flexibility to terminate during probation.

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just went through this nightmare myself... employer said i was stealing time by clocking in early but i was just trying to be helpful setting up for the day. took 8 weeks to get it resolved but finally got my benefits

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8 weeks?? How did you survive financially during that time?

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had to borrow money from family and use credit cards. the stress was horrible but at least i got the back pay eventually

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The timing of when you were fired matters too. If your employer suddenly decides something is misconduct after tolerating it for months, that weakens their case. Washington ESD looks at whether the employer's response was proportionate and consistent with how they've handled similar situations.

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That's interesting. They tolerated my attendance issues for over a year before suddenly firing me.

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That's actually really good for your appeal case. Document any instances where other employees had similar issues but weren't terminated.

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Used Claimyr last month when I needed to talk to someone at Washington ESD about my denied claim. Got through in like 20 minutes instead of spending hours redialing. Really helped me understand what additional documentation I needed for my appeal.

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Is it expensive to use?

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It's worth it when you consider the time and frustration it saves. Way better than hitting redial for hours.

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Don't forget about the 'last straw' rule. Even if you had some minor issues before, if the final incident that got you fired wasn't severe misconduct, you might still qualify for benefits. Washington ESD looks at the specific reason for termination, not your entire employment history.

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The final incident was just being 15 minutes late one morning due to a car problem. I called ahead to let them know.

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That doesn't sound like misconduct to me, especially if you called ahead. Definitely appeal this decision.

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my friend got denied initially because her employer claimed job abandonment but she had texted her supervisor about being sick. washington esd overturned it once she showed the text messages during the appeal hearing

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Good reminder to save all communication with employers. You never know when you'll need it.

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I have some text messages with my supervisor about my medical appointments. Should I include those in my appeal?

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absolutely! any proof that you communicated about your absences helps show it wasn't willful misconduct

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The appeal hearing is your chance to tell your side of the story. The administrative law judge will ask questions and you can present evidence. Don't be intimidated - they're supposed to be neutral and just want to get to the facts.

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How formal is the hearing? Do I need to dress up or anything?

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It's by phone so dress doesn't matter, but treat it seriously. Be prepared, organized, and stick to the facts.

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Another thing to consider - if your employer is claiming misconduct but you were actually doing your job duties as you understood them, that's not misconduct. Misunderstanding instructions or making good faith errors typically don't disqualify you from benefits.

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That might apply to my situation. I thought I was following the attendance policy correctly based on what my supervisor told me verbally.

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If you were following verbal instructions that differed from written policy, definitely mention that in your appeal. Shows you were acting in good faith.

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washington esd website has a good section explaining misconduct vs non-misconduct terminations. worth reading before your appeal so you understand how they evaluate these cases

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Thanks, I'll check that out. Any other resources you'd recommend?

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the legal aid society sometimes has free consultations for unemployment cases if you need help preparing for your hearing

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Remember that even if you lose the initial appeal, you can request a review by the Board of Appeals. Don't give up if the first hearing doesn't go your way - sometimes it takes multiple levels of review to get a fair decision.

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How many levels of appeal are there?

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After the initial appeal hearing, you can request Board of Appeals review, and in some cases even take it to superior court. Most cases get resolved at the first appeal level though.

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just want to add that i used claimyr too when dealing with my misconduct denial. being able to actually talk to someone at washington esd made a huge difference in understanding what evidence would be most helpful for my case

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I'm definitely going to try Claimyr. These phone lines are impossible otherwise.

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Same experience here. Washington ESD agents were actually really helpful once I could get through to them.

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Final thought - keep detailed records of everything moving forward. Document all your job search activities, save copies of all correspondence with Washington ESD, and keep receipts for any expenses related to your case. Organization is key to a successful appeal.

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Thanks everyone for all the advice. I feel much more confident about appealing now. Going to gather my documentation and file the appeal this week.

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Good luck with your appeal! You have a strong case based on what you've shared. Don't let your employer intimidate you - stick to the facts and you should be fine.

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I went through a similar situation about 3 years ago. My employer claimed I was terminated for "insubordination" but what really happened was I questioned a safety procedure that I felt was dangerous. Washington ESD initially sided with my employer, but during the appeal hearing I was able to show that I was actually trying to protect myself and coworkers. The key is proving that your actions were reasonable under the circumstances. Based on what you've described - medical issues with documentation and no prior warnings - you definitely have grounds for a successful appeal. Don't let them intimidate you into not fighting this.

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That's really encouraging to hear from someone who went through something similar! Your situation sounds a lot like mine - doing what you thought was right but having the employer spin it negatively. I'm curious, did you have to provide witness statements or was your own testimony enough during the hearing? I'm trying to figure out how much evidence I need to gather versus just clearly explaining my side of what happened.

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