Washington ESD misconduct determination - how to fight misconduct for unemployment benefits

Thank you! Is there a specific form I need to fill out for the appeal? And should I gather all my medical documentation now?

Yes, gather everything - medical records, doctor notes, any correspondence with your employer about your absences. The appeal form should be included with your determination notice.

That's encouraging to hear! Did you represent yourself or get help with the appeal hearing?

represented myself but wish I had known about some of the resources available. the hearing was intimidating at first

I did follow their policy - called in every time and provided doctor notes. My supervisor even acknowledged my medical situation in writing.

That written acknowledgment could be crucial evidence. Make sure to include that in your appeal documentation.

Wait, so if you have medical documentation they can't claim misconduct? My employer is trying to do the same thing to me right now

Have you tried calling right when they open? I heard that's the best time to get through

I've tried everything - calling at 8am, during lunch, different days of the week. Always busy signal or hang up after waiting forever

Actually, I just discovered this service called Claimyr that helps you get through to Washington ESD agents. I was skeptical at first but tried it last week and got connected within 20 minutes. Check out claimyr.com - they even have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

That's exactly why the appeal process exists. Performance issues alone usually don't constitute misconduct unless there was willful disregard of company policies.

totally agree, my old job tried the same thing. fight it!

Chronic tardiness can be considered misconduct, but it depends on your employer's policies and whether you were given warnings. Childcare issues might be considered extenuating circumstances.

I did get written warnings but my supervisor knew about my childcare situation. Does that help my case?

Document everything about your childcare situation and any communication with your supervisor about it

That's helpful to know. My situation definitely isn't gross misconduct - just attendance issues due to medical appointments.

what about if you quit during a disciplinary meeting? is that considered misconduct or voluntary quit?

That's a gray area - it could be considered either depending on the circumstances. If you were essentially forced to quit, it might be treated as a discharge.

Congratulations! How long did the whole process take from filing the appeal to getting a decision?

About 2 months total. The hearing was scheduled about 6 weeks after I filed the appeal, then got the decision a week later.

Did you get back pay for the time you were disqualified?

Oh wow, I didn't know that. I was going to stop filing since I thought I was disqualified. Thanks for the heads up!

Yes, this is crucial advice. You need to maintain your claim to preserve your appeal rights and potential back pay.

Yes, you can usually submit additional evidence up until the hearing. Contact the Office of Administrative Hearings to confirm the deadline for your specific case.

Perfect, I'll call them tomorrow. These emails show my supervisor acknowledging my medical situation.

Social media misconduct cases are tricky. It depends on what you posted and whether it was clearly connected to work. Did you mention your employer specifically?

I made a general comment about workplace conditions but didn't name the company. My union rep thinks it might be protected speech.

if you have a union rep definitely use them for the appeal! they know the ins and outs of this stuff

I'm definitely going to try that. I've been trying to reach them for over a month with no luck.

How much does it cost? I'm already strapped for cash without my unemployment benefits

It's worth checking out their website for details. For me, the peace of mind was worth it after weeks of frustration.

That's really helpful to know. I was worried I had to prove my innocence. Since I have documentation of my medical issues, it should be hard for them to prove willful disregard.

exactly! and if your employer doesn't show up to the hearing or doesn't provide adequate documentation, you'll likely win by default

I didn't know WorkSource could help with appeals. I'll definitely check with them.

Some community colleges also have legal clinics that might be able to help with employment issues

Great to hear! Make sure to practice explaining your situation clearly and concisely. The hearing will go much smoother if you're well-prepared.

Good luck! You've got this. Having medical documentation definitely strengthens your case.

Keep us posted on how it goes! Stories like yours help others in similar situations.

I'll look that up. Thanks for the specific reference!

Washington law is actually more employee-friendly than a lot of other states when it comes to misconduct definitions

Good point. I had to call about my back pay too. Took an extra month to get it sorted out.

that's where something like claimyr might be useful again - to get through and check on your payment status

Exactly. Sometimes you need to be persistent to make sure everything gets processed correctly.

This whole thread has been super helpful. Wish I had found this community earlier when I was dealing with my own Washington ESD issues.

Agreed! Having real experiences from people who've been through this process is so much more valuable than just reading the official websites.

Wish someone had told me this before I got fired. I didn't save anything and now I'm scrambling to piece together evidence.

Even if you think you're in good standing with your employer, it's worth keeping records. You never know when things might change.

Excellent advice for others reading this. I was lucky that I kept my medical documentation, but I could have done better with email records.