Washington ESD denied my unemployment claim - employer says I was fired for misconduct

I have my last performance review from 6 months ago and it was actually pretty good. No disciplinary actions or warnings in my file that I know of.

That's excellent evidence for your appeal. Make sure to include copies of that review and any other positive documentation you have.

Yeah I've been trying to call them for days and either get busy signal or get disconnected after waiting on hold for an hour

Have you tried using Claimyr? It's this service that helps you get through to Washington ESD agents. I found it at claimyr.com and there's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

never heard of that but willing to try anything at this point

That's what I don't understand - I wasn't doing anything deliberately wrong. Maybe I made some mistakes but everyone does.

Exactly. Simple negligence or inability to perform job duties isn't misconduct. You need to request the employer's statement from Washington ESD to see exactly what they claimed.

How do you request the employer statement? I'm dealing with something similar and Washington ESD hasn't been helpful

While I understand the frustration, that's not entirely accurate. Washington ESD does investigate these claims and employers have to provide documentation to support misconduct allegations.

maybe in theory but in practice they side with employers most of the time from what I've seen

They just said the company was going in a different direction and my position was being eliminated. But then they hired someone else for basically the same job two weeks later.

That's very suspicious and contradicts their misconduct claim. Make sure to document that they hired a replacement - that's strong evidence this wasn't about your performance.

If they eliminated your position but then filled it with someone else, that suggests the termination wasn't for misconduct. That's definitely appeal-worthy evidence.

Were you actually missing a lot of work or were there circumstances beyond your control?

had some medical issues that made it hard to get to work on time consistently but nothing was ever officially documented by hr

This is really helpful. Should I get a lawyer for the appeal process or can I handle it myself?

You can absolutely handle the initial appeal yourself. If it goes to a hearing and you feel overwhelmed, then consider legal help. But many people successfully appeal on their own with good documentation.

There are also free legal aid services that help with unemployment appeals if you qualify based on income

Appeal processing times vary but typically 4-8 weeks for a decision. If you win the appeal, you'll get retroactive benefits back to when you first filed.

That's a long time to wait when you have no income coming in. This system is broken.

I used that Claimyr service I mentioned earlier to actually talk to someone at Washington ESD about my appeal timeline. Sometimes they can give you better estimates than the generic website info.

How did the hearing process work? I'm nervous about having to argue my case.

It's usually done by phone and the hearing officer asks questions to both you and the employer. Just be honest and stick to the facts. They're used to dealing with these cases.

Really? I might have to try that. Did they charge you a lot for it?

they don't really talk about pricing upfront but it was worth it to actually get answers instead of being stuck in phone hell

Yeah the time savings alone makes it worthwhile when you're dealing with urgent claim issues like appeals with deadlines

So if they can't prove I did something deliberately wrong, I should win the appeal?

Not guaranteed, but you'd have a strong case. The fact that they hired a replacement after claiming position elimination really undermines their misconduct argument.

That's another good defense - if policies weren't clearly communicated or consistently enforced, it's hard to prove willful misconduct.

exactly what i was thinking. going to mention that in my appeal

agreed, shouldn't have to jump through hoops when you've been paying into the system

The appeal process exists specifically because initial determinations sometimes get it wrong. It's an important safeguard for workers.

Good luck! Remember to keep copies of everything you submit and follow up if you don't hear back within reasonable timeframes.

And if you need to talk to Washington ESD about your appeal status, definitely consider using Claimyr instead of trying to get through on your own. Game changer.

Will definitely keep that in mind. Thanks again everyone!

Will do! This community has been so helpful.