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.
51 comments


MidnightRider
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.
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Carmen Ortiz
•Thanks for clarifying. I guess I meant more about making sure I handle things properly so there aren't disputes later.
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Andre Laurent
•Exactly. Document everything - warnings, performance reviews, attendance issues. If you have to contest a claim, Washington ESD needs evidence.
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Zoe Papadopoulos
wait are you trying to prevent people from getting unemployment benefits they deserve?? that seems wrong
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Carmen Ortiz
•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.
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MidnightRider
•I think they just want to understand the process better, which is actually responsible of them as an employer.
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Jamal Washington
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.
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Carmen Ortiz
•Interesting, I didn't know there were services to help with ESD contact issues. I'll check that out.
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Mei Wong
•How does that work exactly? Do they actually get you connected to ESD agents?
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Jamal Washington
•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.
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Andre Laurent
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.
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Carmen Ortiz
•What counts as 'misconduct' in Washington's definition?
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Andre Laurent
•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.
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Liam Fitzgerald
•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
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PixelWarrior
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
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Carmen Ortiz
•I completely agree if it's a legitimate layoff. I'm more concerned about understanding the rules for situations involving performance issues.
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MidnightRider
•There's a difference between legitimate business concerns and being vindictive. Sounds like OP is trying to do the right thing.
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Mei Wong
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.
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Carmen Ortiz
•Good to know about the deadline. What kind of information do they typically ask for?
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Mei Wong
•Reason for separation, final day worked, whether there were any policy violations, stuff like that. Be factual and stick to documented incidents.
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Amara Adebayo
your unemployment tax rate is based on your experience rating anyway so if you have a lot of claims it goes up regardless
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Carmen Ortiz
•Right, that's part of why I want to make sure I understand the system properly.
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Andre Laurent
•The experience rating system is designed to be fair - employers who rarely lay people off get lower rates.
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MidnightRider
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.
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Carmen Ortiz
•Does severance delay when they can start collecting benefits?
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MidnightRider
•It can, depending on how it's structured. Lump sum vs. continuation of salary makes a difference in Washington ESD's calculations.
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Giovanni Rossi
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
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Carmen Ortiz
•That makes sense. Communication is probably key on both sides.
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Zoe Papadopoulos
also just want to say that unemployment benefits are insurance that workers pay into through their wages so they've already earned those benefits
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Carmen Ortiz
•You're absolutely right. I'm not trying to deny anyone what they've earned.
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MidnightRider
•Good point about it being insurance. Both employers and employees contribute to the system.
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Fatima Al-Mansour
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.
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Carmen Ortiz
•Good point, I hadn't thought about potentially needing to reach them myself.
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Dylan Evans
whatever you do dont try to pressure employees into quitting instead of laying them off. thats shady and probably illegal
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Carmen Ortiz
•Definitely wouldn't do that. I want to handle everything ethically and legally.
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Andre Laurent
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.
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Carmen Ortiz
•Makes sense. I try to keep good records for everything business-related anyway.
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Sofia Gomez
honestly the whole system is set up to be confusing on purpose
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MidnightRider
•I don't think it's intentionally confusing, but it is complex because it has to cover a lot of different situations.
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Jamal Washington
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.
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Carmen Ortiz
•Thanks, I bookmarked their site. Hopefully I won't need it but good to know it's there.
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StormChaser
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
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Carmen Ortiz
•That does sound like a waste. Clear-cut layoffs shouldn't be contested.
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MidnightRider
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.
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Carmen Ortiz
•Thank you, that's exactly the kind of straightforward advice I was looking for.
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Dmitry Petrov
good luck with your business! sounds like youre trying to do right by your employees which is more than a lot of bosses do
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Carmen Ortiz
•I appreciate that. Just trying to run things the right way.
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Mei Wong
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.
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Carmen Ortiz
•Good advice. Keep it professional and factual.
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Ava Williams
this thread actually taught me some things about how the system works from the employer side that I never knew
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MidnightRider
•It's good for everyone to understand both sides of the process.
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