Washington ESD disqualification appeal - how to write an appeal letter for unemployment

Thanks, this is really helpful. I do have some emails about the safety issues. Should I mention that I was following OSHA guidelines when I raised concerns?

Absolutely mention OSHA compliance - that shows you were acting in good faith and following proper procedures. That's exactly the kind of detail that can help your case.

Good point about certified mail. Did your brother have to go to an actual hearing or was it done over the phone?

it was over the phone, took about 45 minutes and he had to explain everything again to the administrative law judge

Never heard of that service before. Is it legit? I've been trying to call Washington ESD for days and can't get through.

Yeah it's legitimate, they just help you get connected when call volume is high. Saved me hours of redialing when I needed to discuss my appeal timeline.

I used Claimyr too when I was appealing my disqualification. Much easier than spending all day trying to get through on your own.

Thanks for the caps lock warning lol. I'll definitely make copies. Should I also keep records of when I sent everything?

YES! Dates, tracking numbers, everything. Trust me on this one.

This is exactly what I needed - a clear structure to follow. How long should the letter be approximately?

Mine was about 2 pages single-spaced. Long enough to tell the whole story but not so long that they lose interest. Focus on the key facts that prove your case.

Two pages seems about right. I kept mine to one page but probably should have included more detail about the timeline of events.

It's 30 days from the date on the notice, not when you received it. If you're close to the deadline you should file immediately and explain any delay in receiving the notice.

Oh no, I think I'm past the deadline then. Is there any way to appeal after 30 days?

You can request late filing if you have good cause like not receiving the notice on time. But you need to act fast and explain why you're filing late.

That's a really good point. There were definitely other people at risk, not just me.

Union contract compliance is definitely something to highlight in your appeal. If you were following established procedures, that's strong evidence against misconduct.

Thanks, I'll make sure to reference the specific contract provisions I was following.

Good luck with your appeal! Sounds like we're both dealing with employers who don't like workers standing up for themselves.

You can have representation, including a lawyer or union representative if you have one. But many people represent themselves successfully at these hearings.

Thanks, I might look into getting help if my case is complicated.

I do have a coworker who was there when I raised the safety concerns. How do I get them to provide a statement?

Just ask them to write down what they saw and heard, with their signature and date. Keep it simple and factual.

I agree the system is frustrating but don't let that discourage you from appealing if you have a valid case. The benefits are worth fighting for if you're truly entitled to them.

True, I did eventually win my appeal. Just wish the process wasn't so intimidating for regular people.

Wait, I have to keep filing even though I'm disqualified? That seems weird.

Yes, you should continue filing to preserve your place in line. If your appeal is successful, you'll get paid for those weeks retroactively.

exactly, I lost several weeks of benefits because I didn't know this rule

That's reassuring to hear from someone with legal experience. I was definitely appropriate in how I raised the safety issues.

Focus on your good faith efforts to address legitimate safety concerns through proper channels. That's exactly the kind of behavior that shouldn't be penalized.

In my experience it took about 6-8 weeks from filing the appeal to getting the hearing scheduled, then another 2-3 weeks for the decision. But times can vary depending on their backlog.

Thanks, that gives me a timeline to plan around. Hopefully it moves faster than that.

Good to know. I'm sure my employer will try to make their case look as strong as possible.

Exactly, they often exaggerate or leave out important context. Your rebuttal is your chance to set the record straight.

Misconduct has to be willful or deliberately contrary to the employer's interests. Poor performance, inability to do the job, or good faith disagreements usually don't qualify as misconduct for UI purposes.

That helps clarify things. Sounds like I might have a case after all.

That's exactly why I mentioned Claimyr earlier - it cuts through the phone queue nightmare. Worth checking out if you need to reach someone at ESD about your appeal.

I might try that. Anything is better than sitting on hold all day.

If you lose at the first level you can appeal to the Board of Review, and after that to Superior Court. But each level gets more complex and you might want legal help for the higher appeals.

Good to know there are multiple levels. Hopefully it doesn't come to that.

Thanks for the encouragement! Reading everyone's advice has made me feel more confident about writing the appeal letter.

That's really smart advice. I'll go back and read the notice carefully to make sure I'm addressing their specific claims.

Exactly. Mirror their language when you refute their conclusions. It makes your argument more precise and harder to dismiss.