< Back to Washington Unemployment

Carmen Ortiz

Washington ESD: how to avoid unemployment claims - employer perspective?

I'm a small business owner in Washington and I'm trying to understand how to properly handle layoffs to avoid issues with unemployment claims later. I've heard that if you don't handle terminations correctly, it can affect your experience rating and unemployment tax rates. What are the proper procedures I should follow when I have to let employees go? I want to make sure I'm doing everything by the book with Washington ESD requirements.

As an employer, you can't really 'avoid' valid unemployment claims, but you can ensure proper documentation. When you terminate employees, make sure you have clear documentation of the reasons - misconduct, poor performance with warnings, etc. Washington ESD will review the circumstances when the employee files their claim.

0 coins

Thanks for clarifying. I guess I meant more about making sure I handle things properly so there aren't disputes later.

0 coins

Exactly. Document everything - warnings, performance reviews, attendance issues. If you have to contest a claim, Washington ESD needs evidence.

0 coins

wait are you trying to prevent people from getting unemployment benefits they deserve?? that seems wrong

0 coins

No, not at all! I want to make sure I'm following all the rules correctly. I'm not trying to deny anyone legitimate benefits.

0 coins

I think they just want to understand the process better, which is actually responsible of them as an employer.

0 coins

If you're having trouble getting through to Washington ESD's employer line to ask these questions, I found this service called Claimyr that helps people contact ESD agents by phone. They have a demo at https://youtu.be/7DieNd3C7zQ and their site is claimyr.com. Might be helpful for getting direct answers about employer responsibilities.

0 coins

Interesting, I didn't know there were services to help with ESD contact issues. I'll check that out.

0 coins

How does that work exactly? Do they actually get you connected to ESD agents?

0 coins

Yeah, they help navigate the phone system and get you through to actual agents instead of getting stuck in the automated system or hung up on.

0 coins

For Washington specifically, you need to understand the difference between voluntary quit, misconduct, and layoffs. Each affects UI eligibility differently. If someone quits without good cause or is fired for misconduct, they may be disqualified from benefits.

0 coins

What counts as 'misconduct' in Washington's definition?

0 coins

Generally willful violation of company policy, insubordination, theft, etc. But it has to be documented and you need to show the employee knew the policy.

0 coins

I got fired for being late too many times and they contested my claim but I still got benefits because they didn't follow progressive discipline

0 coins

honestly as someone who's been through the unemployment system multiple times, most employers who try to contest claims are just being petty. if you laid someone off due to lack of work they deserve benefits period

0 coins

I completely agree if it's a legitimate layoff. I'm more concerned about understanding the rules for situations involving performance issues.

0 coins

There's a difference between legitimate business concerns and being vindictive. Sounds like OP is trying to do the right thing.

0 coins

Make sure you respond promptly to any requests for information from Washington ESD. If they send you a form asking about the separation, you usually have 10 days to respond or they'll make a decision without your input.

0 coins

Good to know about the deadline. What kind of information do they typically ask for?

0 coins

Reason for separation, final day worked, whether there were any policy violations, stuff like that. Be factual and stick to documented incidents.

0 coins

your unemployment tax rate is based on your experience rating anyway so if you have a lot of claims it goes up regardless

0 coins

Right, that's part of why I want to make sure I understand the system properly.

0 coins

The experience rating system is designed to be fair - employers who rarely lay people off get lower rates.

0 coins

Another important point - make sure your final pay and any severance are handled correctly. This can affect when benefits start and how much the person receives.

0 coins

Does severance delay when they can start collecting benefits?

0 coins

It can, depending on how it's structured. Lump sum vs. continuation of salary makes a difference in Washington ESD's calculations.

0 coins

ive dealt with this from the employee side and the worst thing employers do is not respond to ESD at all then wonder why the claim got approved

0 coins

That makes sense. Communication is probably key on both sides.

0 coins

also just want to say that unemployment benefits are insurance that workers pay into through their wages so they've already earned those benefits

0 coins

You're absolutely right. I'm not trying to deny anyone what they've earned.

0 coins

Good point about it being insurance. Both employers and employees contribute to the system.

0 coins

If you end up needing to contest a claim or provide information to Washington ESD, that Claimyr service mentioned earlier might help you get through to the right department. Their employer services line can be just as hard to reach as the claimant line.

0 coins

Good point, I hadn't thought about potentially needing to reach them myself.

0 coins

whatever you do dont try to pressure employees into quitting instead of laying them off. thats shady and probably illegal

0 coins

Definitely wouldn't do that. I want to handle everything ethically and legally.

0 coins

One more thing - keep good records of your communications with Washington ESD. If there's ever a dispute or audit, having documentation of what was said and when is crucial.

0 coins

Makes sense. I try to keep good records for everything business-related anyway.

0 coins

honestly the whole system is set up to be confusing on purpose

0 coins

I don't think it's intentionally confusing, but it is complex because it has to cover a lot of different situations.

0 coins

Just wanted to follow up on the Claimyr thing - I used them when I had issues with my own claim and they really do help cut through the phone system hassles. Worth considering if you need to talk to ESD about employer issues.

0 coins

Thanks, I bookmarked their site. Hopefully I won't need it but good to know it's there.

0 coins

my old boss tried to contest my unemployment and it was such a waste of everyones time because I was clearly laid off due to budget cuts

0 coins

That does sound like a waste. Clear-cut layoffs shouldn't be contested.

0 coins

Bottom line - be honest, document everything, respond promptly to ESD requests, and treat your employees fairly. That's really all you can do as an employer in this system.

0 coins

Thank you, that's exactly the kind of straightforward advice I was looking for.

0 coins

good luck with your business! sounds like youre trying to do right by your employees which is more than a lot of bosses do

0 coins

I appreciate that. Just trying to run things the right way.

0 coins

Final tip - if you do have to contest a claim, focus on facts not emotions. ESD adjudicators want documentation and specific incidents, not general complaints about an employee.

0 coins

Good advice. Keep it professional and factual.

0 coins

this thread actually taught me some things about how the system works from the employer side that I never knew

0 coins

It's good for everyone to understand both sides of the process.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today