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Amina Toure

Washington ESD - how long is an employer responsible for unemployment benefits after termination?

My former employer is disputing my unemployment claim saying they shouldn't have to pay for benefits because I was terminated for misconduct. This was back in November and I'm still dealing with adjudication. How long are employers actually on the hook for unemployment benefits in Washington? Is there a time limit where they stop being responsible for the costs? I've been trying to call Washington ESD for weeks but can never get through to get a straight answer.

In Washington, employers contribute to the unemployment insurance fund through taxes, but they don't pay benefits directly to individual claimants. Your employer's account can be charged for benefits paid to former employees, but there are specific rules about how long this continues.

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So they're not writing me a check directly? I thought they had to pay my benefits themselves.

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No, Washington ESD pays your benefits from the UI trust fund. Employers pay quarterly taxes into this fund, and their tax rate can be affected by how many former employees collect benefits.

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From what I understand, employers in Washington are typically charged for benefits for up to 52 weeks or until the claimant finds new work, whichever comes first. But if you were fired for misconduct and they can prove it, you might not get benefits at all.

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That's what I'm worried about. The misconduct thing is bogus though - they're just trying to avoid having their unemployment tax rate go up.

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Have you been able to reach anyone at Washington ESD to explain your side of the story? The adjudication process is supposed to be fair to both sides.

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Never heard of that but I'm desperate at this point. The waiting is killing me.

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Is that legit? Sounds too good to be true if Washington ESD phones are always busy.

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I was skeptical too but it actually worked. They somehow get you past the busy signals and hold times.

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Employers in Washington are subject to what's called 'benefit charging' for usually the entire benefit year of the claimant. This means if you're eligible for 26 weeks of regular unemployment, your former employer's account gets charged for those weeks. However, if they successfully prove misconduct, they won't be charged at all because you'd be disqualified.

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So if I win the adjudication, they're stuck paying for my full 26 weeks even if I find a job sooner?

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Not exactly. They're charged for the weeks you actually collect benefits, up to your maximum benefit amount. If you find work after 10 weeks, they're only charged for those 10 weeks.

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This whole system is so confusing! I thought employers had to pay unemployment directly like workers comp or something. No wonder they fight every claim - it affects their tax rates.

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Exactly. Employers with more former employees collecting benefits pay higher unemployment tax rates. That's why some fight legitimate claims.

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It's called experience rating. Companies with higher turnover and more UI claims pay more into the system.

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What kind of misconduct are they claiming? Washington has pretty specific rules about what qualifies as disqualifying misconduct vs. just poor performance.

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They're saying I violated company policy but it was a minor attendance issue. I had medical appointments they knew about.

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Attendance issues can be tricky. If you had legitimate medical reasons and followed their notification procedures, that usually doesn't qualify as misconduct.

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Definitely document everything about your medical appointments and any communication with your employer about them for the adjudication hearing.

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I've been through this before with a previous employer. The charging period for Washington employers can actually extend beyond the initial benefit year in some cases, especially if there are appeals involved.

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What do you mean by that? I thought it was just the 26 weeks or whatever.

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If your case gets appealed and overturned later, they can be retroactively charged for benefits that were initially denied. The process can drag on for months.

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just went through adjudication myself last month. took forever but i eventually got approved. employer tried to claim misconduct but couldn't prove it. they're definitely still paying into the system for my benefits even though it's been 8 weeks now

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How long did your adjudication take? Mine's been pending since November.

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about 6 weeks total. the interview was the worst part - felt like i was on trial

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They focus more on the value of getting through quickly rather than the cost. Check their site for current info.

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To directly answer your original question: Washington employers are responsible for benefit charges as long as you're collecting unemployment benefits that are chargeable to their account. This continues until you exhaust your benefits, find new work, or become ineligible. There's no arbitrary time cutoff where they stop being responsible.

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That makes sense. So if I get approved and collect for 20 weeks before finding a job, they're charged for all 20 weeks?

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Correct, assuming your benefits are chargeable to their account and not reimbursable for other reasons.

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My employer tried the same thing when I was laid off. They disputed it claiming I quit when I was actually terminated. Washington ESD saw right through it during the fact-finding interview.

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Did you have to wait long for your fact-finding interview? I haven't heard anything yet about scheduling mine.

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It took about 3 weeks after they started the adjudication. They'll call both you and your employer separately.

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The key thing to remember is that employers don't pay benefits forever. In Washington, the maximum is typically 26 weeks of regular UI benefits, though this can extend with federal programs during high unemployment periods.

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So even if I never find another job, they're only on the hook for 26 weeks maximum?

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For regular state unemployment benefits, yes. Though you might qualify for extended benefits in certain economic conditions.

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This is exactly why some employers contest every single unemployment claim, even obviously legitimate ones. The cost adds up and affects their experience rating with Washington ESD.

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It's frustrating because it delays benefits for people who legitimately need them while employers play games with the system.

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Unfortunately, some employers view contesting claims as a cost-saving strategy, even when they know the employee was legitimately terminated.

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Wait, so if I collect unemployment for 6 months, my old employer is getting charged every single week for that entire time? No wonder they're fighting it so hard!

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Yes, that's how the system works. Each week you collect benefits, it goes against their account and affects their future tax rates.

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That actually makes me feel a little better about the whole situation. At least there are consequences for them firing me unfairly.

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I worked in HR for years and can tell you that employers in Washington are charged for the full duration of an employee's benefit period, but only if the termination wasn't for misconduct. That's why the adjudication process is so important - it determines whether the charges stick.

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From the HR perspective, what usually happens when an employer loses a misconduct dispute?

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They get charged for all the benefits that were paid, plus their experience rating takes a hit. It can be expensive, which is why good employers are careful about terminations.

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One thing to keep in mind is that even if you win the adjudication, your employer can still appeal the decision. This can extend the whole process for months, but they'd still be responsible for benefits if they ultimately lose.

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Great, so this could drag on even longer? I just want to know if I'm getting benefits or not.

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Unfortunately yes, but most employers don't appeal unless they think they have a really strong case. The costs add up for them too.

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For what it's worth, I used Claimyr when I was dealing with a similar adjudication issue. Being able to actually speak to a Washington ESD representative made all the difference in understanding my case status and what documentation I needed.

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I keep hearing about this Claimyr thing. Might be worth a shot since I'm getting nowhere with regular calling.

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The video demo really shows how much time it can save you. Way better than spending hours trying to get through on your own.

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Bottom line: Washington employers are financially responsible for unemployment benefits for the entire time an eligible former employee collects, up to the maximum benefit period. They can't just stop being charged after a few weeks or months.

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That's actually reassuring. At least if I win this thing, they can't weasel out of it partway through.

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Exactly. The system is designed to make employers think twice before terminating employees unfairly.

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been following this thread and just wanted to say good luck with your adjudication. sounds like you have a solid case if the attendance issues were medical and documented

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Thanks! I'm trying to stay optimistic but this whole process is so stressful.

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hang in there. the waiting is the worst part but most legitimate claims do get approved eventually

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To summarize for anyone else reading this: Washington employers are charged for unemployment benefits for the entire duration that their former employee collects benefits, provided the employee was eligible. The responsibility doesn't end after a set time period - it continues until benefits are exhausted, the claimant finds work, or becomes ineligible for other reasons.

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This has been incredibly helpful. I feel like I actually understand the system now instead of just being confused and angry.

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That's a perfect summary. The key point is that employer responsibility is tied to benefit duration, not calendar time.

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