Washington ESD denied my unemployment claim - employer says I was terminated how to terminate an employee without paying unemployment
My employer terminated me last month and now Washington ESD denied my unemployment benefits. HR told me during the termination meeting that they structured my dismissal in a way that would disqualify me from receiving UI benefits. I thought this seemed sketchy but didn't know what to do about it. Has anyone else dealt with employers trying to manipulate the system like this? I really need these benefits while I'm job searching and I don't understand how they can just block me from getting unemployment when I was let go through no fault of my own.
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Dmitry Petrov
That's really concerning if your employer actually said that to you. Washington ESD determines eligibility based on the facts of your separation, not what your employer wants. You should definitely appeal this denial - you have 30 days from the date on your determination letter. What reason did Washington ESD give for the denial on your paperwork?
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StormChaser
•The letter says 'discharged for misconduct' but I was never written up or disciplined. They just called me in one day and said my position was eliminated due to restructuring, then later filed it as misconduct apparently.
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Dmitry Petrov
•That's a huge red flag. If they told you it was restructuring but reported misconduct to Washington ESD, that's potentially fraudulent on their part. You need to file an appeal immediately and gather any documentation you have about the termination.
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Ava Williams
I've seen this happen before unfortunately. Some employers think they can avoid paying into the UI system by claiming misconduct when they fire people. The good news is Washington ESD investigates these claims thoroughly. Do you have any witnesses to what was actually said during your termination meeting?
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StormChaser
•Just my direct supervisor was there. She seemed uncomfortable the whole time and didn't really agree with HR's approach. Not sure if she'd be willing to speak up though.
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Ava Williams
•It's worth reaching out to her if you have a good relationship. Sometimes supervisors will provide honest testimony if they disagree with HR's handling of the situation.
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Miguel Castro
You should also try contacting Washington ESD directly to explain the discrepancy between what you were told and what was reported. The problem is getting through to them by phone can be nearly impossible with their call volume. I spent weeks trying to reach someone about my claim issues before I found claimyr.com - it's a service that helps you actually get through to Washington ESD agents. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Made a huge difference in getting my situation resolved quickly.
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Zainab Ibrahim
•How does that service work exactly? I've been trying to call Washington ESD for days and keep getting busy signals or getting hung up on after waiting on hold for hours.
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Miguel Castro
•Basically they handle the calling process for you so you don't have to keep redialing and waiting on hold. Much easier than trying to get through yourself, especially when you're dealing with something time-sensitive like an appeal deadline.
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Connor O'Neill
this is exactly why the unemployment system is broken. employers can just lie and screw over workers with no consequences. happened to my brother too - they fired him for 'performance issues' after 5 years of good reviews just to avoid paying unemployment.
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LunarEclipse
•That's so frustrating but at least there's an appeals process. The key is documenting everything and not letting employers get away with false reporting.
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Connor O'Neill
•yeah but how many people don't know they can appeal or don't have the time/energy to fight it? the system is designed to screw workers over
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Yara Khalil
Make sure you're documenting everything from your termination meeting - write down exactly what was said, when it happened, who was present. Also gather any emails or written communication about your job performance or the restructuring they mentioned. You'll need this evidence for your appeal hearing.
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StormChaser
•Good point. I do have an email from two weeks before my termination talking about the company restructuring and how several positions might be affected. That should help show they were planning layoffs, not firing people for misconduct.
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Yara Khalil
•Perfect! That email is gold for your appeal. It directly contradicts their misconduct claim and shows they were planning layoffs all along.
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Keisha Brown
I work in HR and what your employer did is absolutely not okay. While employers do have some discretion in how they handle terminations, deliberately misrepresenting the reason to Washington ESD to avoid UI charges is fraudulent. You should not only appeal but also consider reporting this to the state labor department.
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Paolo Esposito
•Wait, can employers actually get in trouble for lying about termination reasons? I thought they could pretty much say whatever they wanted.
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Keisha Brown
•They can absolutely get in trouble. Washington ESD takes UI fraud seriously, whether it's from claimants or employers. False reporting can result in penalties and increased tax rates for the employer.
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StormChaser
•This is really helpful to know. I was worried I didn't have any recourse against their lies.
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Amina Toure
File that appeal ASAP! I had a similar situation where my employer tried to claim I quit when I was actually laid off. The appeals process took about 6 weeks but I won and got all my back benefits. Washington ESD will do a fact-finding interview with both you and your employer, so make sure you have your story straight and all your documentation ready.
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StormChaser
•6 weeks seems like a long time when I need the money now. Is there any way to speed up the process?
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Amina Toure
•Unfortunately the appeals process takes as long as it takes. But if you win, you'll get retroactive benefits from when you first filed. Just make sure to keep filing your weekly claims even while the appeal is pending.
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Oliver Weber
same thing happened to me and it turned out my employer had been doing this to multiple people. when i mentioned it during my appeal hearing, the judge was very interested and asked a lot of questions about their pattern of behavior. might be worth checking if other former employees had similar experiences.
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StormChaser
•That's actually a really good idea. I know of at least two other people who were let go around the same time as me. I'll reach out and see what they were told.
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FireflyDreams
•If you can show a pattern of the employer lying about termination reasons, that's really strong evidence for your appeal. Judges don't like it when employers try to game the system.
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Natasha Kuznetsova
omg this is making me so mad! how is this even legal?? companies shouldn't be able to just lie to avoid paying unemployment taxes. this is why working people can never get ahead in this country!
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Javier Morales
•I mean, it's not legal which is why there's an appeals process. The system isn't perfect but at least there are ways to fight back when employers lie.
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Natasha Kuznetsova
•but how many people just accept the denial and don't appeal? the system relies on people not knowing their rights
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Emma Anderson
Whatever you do, don't miss that appeal deadline! I made that mistake years ago and had to go months without benefits while looking for work. Washington ESD is pretty strict about the 30-day window. Also, when you do get someone on the phone to help with your appeal, having used a service like claimyr really helped me get through faster than trying to call myself over and over.
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StormChaser
•I'm definitely not missing the deadline. I've got it marked on my calendar and I'm filing the appeal this week. Thanks for the reminder about the phone service too - I might need that if I have questions during the process.
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Malik Thompson
been there done that. my old employer tried to say i was fired for attendance when i was actually laid off due to covid. took 3 months to get it sorted out but i eventually got all my benefits plus the back pay. the key is having documentation and not giving up.
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Isabella Ferreira
•Three months is a long time to wait for benefits though. How did you survive financially during that period?
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Malik Thompson
•it was rough, had to borrow money from family and use credit cards. but getting that back pay lump sum at the end helped me catch up on everything
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CosmicVoyager
I used to be a Washington ESD adjudicator and I can tell you that cases like yours are taken very seriously. When there's a clear discrepancy between what the employer told the employee and what they reported to the state, it raises immediate red flags. Your email about restructuring will be crucial evidence. Also, if your supervisor is willing to testify that you weren't terminated for misconduct, that would be huge for your case.
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StormChaser
•This gives me a lot of hope. I was worried that Washington ESD would just take the employer's word over mine. I'm going to reach out to my supervisor this week to see if she'd be willing to provide a statement.
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CosmicVoyager
•Washington ESD definitely doesn't just take the employer's word. They investigate thoroughly, especially when there are inconsistencies. Your case sounds like it has strong merit for appeal.
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Ravi Kapoor
Good luck with your appeal! It's so frustrating when employers try to manipulate the system like this. At least Washington ESD has gotten better at catching these kinds of fraudulent claims over the years. Make sure you keep copies of everything you submit for your appeal too.
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StormChaser
•Thank you! I'm feeling much more confident about this now. I was so overwhelmed when I first got the denial letter but all this advice has really helped me understand my options.
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Freya Nielsen
•That's what this community is for! We've all been through the Washington ESD system and know how confusing it can be. Keep us updated on how your appeal goes.
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Omar Mahmoud
just want to add that if you do win your appeal, make sure Washington ESD updates your employer's UI tax rate to reflect the approved claim. sometimes they don't automatically adjust it and the employer gets away with not paying their fair share into the system.
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StormChaser
•I hadn't thought about that aspect. How would I make sure they update the employer's tax rate?
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Omar Mahmoud
•Washington ESD should handle it automatically when they approve your appeal, but it doesn't hurt to ask about it during your fact-finding interview or mention it to the appeals judge.
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Chloe Harris
One more thing - if you need to talk to Washington ESD about your appeal status or have questions during the process, I had good luck using claimyr to get through to an actual person. The regular phone lines are impossible but that service made it so much easier to get answers when I needed them.
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Diego Vargas
•I keep seeing mentions of this service. Is it worth the cost when you're already dealing with denied benefits?
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Chloe Harris
•For me it was worth it because I needed answers quickly and couldn't afford to spend days trying to get through on my own. But everyone's situation is different.
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