Washington ESD employer appeal deadline - how long does employer have to appeal unemployment?

That's what I was hoping! My claim was approved 6 weeks ago so hopefully it's too late for him to do anything about it.

Actually employers can sometimes get extensions if they can prove they never received the notice. Don't count on being safe just yet.

Oh great, that's exactly what I was worried about. The company did move offices about 3 months ago.

Even if they get an extension, they still have to prove you were fired for misconduct. Being laid off due to budget cuts definitely doesn't qualify as misconduct.

Getting through to Washington ESD by phone is impossible! I've been trying for weeks to talk to someone about my own claim issues. The hold times are insane.

I actually found this service called Claimyr that helps you get through to Washington ESD agents. They handle all the calling and waiting for you - totally worth it when you need to talk to someone quickly. Check out claimyr.com, they even have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

He's claiming I was fired for poor performance but that's not true at all. I have documentation showing it was a layoff due to company restructuring.

Keep that documentation handy! If he does manage to file an appeal, you'll need to present evidence at the hearing. Poor performance isn't even misconduct unless it was willful.

Exactly - there's a big difference between being unable to do the job and willfully violating company policy. Washington ESD knows this distinction.

The appeal process exists for a reason though. Sometimes people do get benefits when they shouldn't, like if they quit without good cause or were actually fired for misconduct.

I guess, but it seems like most employer appeals are just them being petty rather than having legitimate grounds.

That's good to know. At least I won't lose my benefits immediately even if he does appeal.

Just make sure you keep filing those weekly claims and doing your job search activities. Missing even one weekly claim can mess up your whole case.

There weren't any performance issues at all. I actually got a good review just two months before the layoff.

Then you should be fine even if there is an appeal. Keep that performance review as evidence along with any layoff documentation you have.

Right? It's like they take it personally when you file for unemployment benefits you're legally entitled to.

Thanks, that makes me feel better. I do have the official layoff notice they gave me.

That layoff notice is gold. Make copies and keep them safe in case you need them for a hearing.

Four months?! That's a long time to be worried about losing benefits.

I kept getting benefits during the appeal process though, so it wasn't too bad financially. Just stressful not knowing the outcome.

Is that service legit? Sounds too good to be true.

Yeah it's real. They basically handle all the calling and waiting for you. Saved me so much time and frustration dealing with Washington ESD phone system.

Appreciate everyone's help on this. I feel much more confident about my situation now.

Good luck! Hope your employer doesn't cause you any more stress over this.

Thanks for the encouragement! Hopefully it won't come to that but good to know what to expect.

Good idea. A few coworkers were also laid off at the same time, so they could probably testify about the circumstances.

Perfect. Having multiple witnesses who can confirm it was a layoff rather than a firing will strengthen your position significantly.

That gives me hope! Fingers crossed my employer missed his chance too.

That's actually a really smart idea. Better to know for sure rather than just worrying about it.

Yeah I might look into that. The uncertainty is killing me.

Thanks for sharing your experience! It's reassuring to hear from someone going through the same thing. The intimidation tactics are the worst part - like they're trying to scare us out of benefits we legitimately earned. I'm glad to know the documentation I have should be enough to protect me if there is a hearing. Hope your situation works out too!

I'm going through something similar too - my former employer is also making threats about appealing even though my separation was clearly documented as a layoff. It's so stressful dealing with these intimidation tactics on top of already being unemployed. What I've learned from reading through this thread is that having solid documentation is key, and the 30-day deadline really does matter. I'm keeping all my paperwork organized just in case. Thanks for the encouragement - we've got to stick together and not let employers bully us out of benefits we're legally entitled to!

I've been following this thread and it's really helpful to see everyone's experiences! I'm actually in a similar boat - my employer laid me off three months ago citing "restructuring" but now they're angry that I'm getting benefits. What's crazy is they keep flip-flopping between saying I was laid off versus fired, which just shows they don't have their story straight. From everything I've read here, it sounds like the key is having that paper trail. I saved my layoff letter and all the emails about the company restructuring, so hopefully that'll be enough if they try anything. It's ridiculous that we have to deal with this stress when we're already struggling to find new jobs!