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NeonNinja

Washington ESD unemployment benefits after firing employee - do I have to pay?

Small business owner here and I had to terminate one of my employees last week for attendance issues. They were constantly showing up late and missing shifts without calling in. Now they're telling me they're going to file for unemployment and I'm wondering if Washington ESD is going to make me pay for their benefits? I've never dealt with this before and don't understand how the unemployment system works from the employer side. Do I have any say in whether they get approved or not?

You don't directly pay their individual claim, but your unemployment tax rate can be affected. Washington ESD uses an experience rating system where employers with more claims against them pay higher tax rates. If the termination was for misconduct (like attendance issues), you should definitely respond to any requests from Washington ESD with documentation.

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Thanks, that makes more sense. So I won't get a bill for their weekly benefits but it could affect my taxes going forward?

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Exactly. Keep all your documentation about the attendance issues - time sheets, write-ups, any warnings you gave them. You'll likely get a form asking about the separation.

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Washington ESD will send you a separation notice asking why the employee was terminated. You have 10 days to respond with your side of the story. If you can prove it was misconduct (chronic tardiness counts), they might be disqualified from receiving benefits.

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What kind of proof do they want? I have their schedule and can show the days they were late or didn't show up.

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That's perfect. Include attendance records, any disciplinary actions, your company policy on attendance, and dates of specific incidents. The more documentation the better.

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Make sure you respond within that 10-day window or they'll just approve the claim automatically based on the employee's statement.

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I went through this exact situation last year. Employee was constantly calling out sick but posting on social media about going to concerts and stuff. Washington ESD initially approved their claim but I appealed with screenshots and they reversed the decision. The whole process took about 6 weeks though.

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Did you have to get a lawyer involved or handle the appeal yourself?

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I handled it myself. Washington ESD has forms you can fill out online and you can upload your evidence. It's not too complicated if you have good documentation.

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Six weeks seems like a long time though. Were they collecting benefits during the appeal process?

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Yes, they were getting paid while the appeal was pending. But once Washington ESD reversed the decision, they had to pay it all back as an overpayment.

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Just dealt with this nightmare trying to reach someone at Washington ESD about a similar situation. Spent hours on hold before discovering Claimyr (claimyr.com). They actually got me connected to an agent who explained the whole employer response process. There's even a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Much easier than sitting on hold for hours.

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That sounds too good to be true. How much does something like that cost?

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Worth checking out their site for details, but honestly after spending an entire afternoon trying to get through on my own, having someone who could actually reach Washington ESD was a lifesaver.

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I've heard of services like this but wasn't sure if they were legit. Did they actually get you to the right department?

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The key thing to understand is that unemployment benefits are funded by employer taxes, not employee contributions. So technically yes, employers do pay for the system, but not on a claim-by-claim basis. It's more like insurance - you pay premiums (unemployment taxes) and claims are paid out of that pool.

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So even if this employee gets benefits, I'm not writing a check directly to them or Washington ESD for their weekly amount?

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Correct. You pay quarterly unemployment taxes based on your payroll and experience rating. More claims against your account = higher tax rate in future years.

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been through this twice and both times the employee got benefits even tho they were clearly fired for cause. washington esd seems to side with employees most of the time unless you have REALLY good documentation

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That's discouraging. What kind of documentation did you have?

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attendance records, customer complaints, even had witnesses but they still approved the claims. maybe i didn't present it right idk

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It really depends on how you frame the misconduct. Attendance issues need to show a pattern and that the employee knew their job was at risk. Did you give written warnings?

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Pro tip: when you fill out the separation notice, be very specific about dates and incidents. Don't just say 'attendance problems' - list exactly when they were late, how many times, what your policy says, and what warnings you gave. Washington ESD needs concrete facts to make a misconduct determination.

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Should I mention that other employees complained about having to cover their shifts?

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Yes, definitely include how their attendance affected operations and other staff. That shows business impact beyond just rule-breaking.

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Also include any costs to the business - overtime paid to other employees, lost productivity, etc. Washington ESD considers economic impact when evaluating misconduct.

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Wait, I thought if you fire someone they automatically can't get unemployment? That's not how it works?

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No, that's a common misconception. Employees can still get benefits if they were fired for reasons other than misconduct. Washington ESD looks at WHY they were terminated.

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So if I fire someone because business is slow and I can't afford to keep them, they can get unemployment?

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Yes, that would be considered a layoff due to lack of work, not misconduct. They'd be eligible for benefits in that case.

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I'm dealing with something similar right now. Had to let someone go for stealing and they filed for unemployment anyway. Still waiting to hear back from Washington ESD about my response. The whole system seems slow.

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Stealing should definitely be misconduct. Did you file a police report?

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Yes, and I included the police report number in my response to Washington ESD. Theft is pretty clear-cut misconduct but apparently it still takes time to process.

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That's exactly the kind of situation where Claimyr helped me get through to someone faster. Sometimes you need to follow up on these time-sensitive employer responses.

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The unemployment tax system is actually pretty complex. Your rate depends on your industry, payroll size, and claims history. New employers start at a standard rate but it adjusts over time based on experience. One claim won't drastically change your rate, but multiple claims definitely will.

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How often do the rates change? Is it annual?

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Washington ESD recalculates rates annually, usually effective each January. They look at your claims history over the previous few years to determine your experience rating.

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honestly the whole system is rigged against small business owners. we pay all these taxes and then when we have to fire someone for legitimate reasons they still get benefits anyway. makes no sense

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I get the frustration but unemployment insurance protects the whole economy. Without it, people who lose jobs would have no income and couldn't spend money, hurting all businesses.

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i guess but it feels unfair when someone gets fired for not doing their job and then gets paid by a system we fund

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Make sure you keep copies of everything you submit to Washington ESD. I had a case where they claimed they never received my separation notice response and I had to resubmit everything. Email is better than mail for the paper trail.

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Good point. Do they send confirmation when they receive your response?

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They should send an acknowledgment but I've had mixed results. Screenshot everything and keep confirmation numbers if they give you any.

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Mei Liu

Been running a small business for 15 years and have had maybe 6-7 unemployment claims against me. Won about half the misconduct cases I contested. The key is really in the details and following their procedures exactly. Washington ESD is very procedural.

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What's the most important thing you learned from all those cases?

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Mei Liu

Document everything in real time, not after the fact. Have an attendance policy in writing and follow it consistently. And always respond to Washington ESD requests even if you think it's pointless.

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This is great advice. Too many employers think they can wing it when someone files a claim and then wonder why they lose.

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Question - if they get approved for benefits initially but I appeal and win, do I get credit back on my account for those charges?

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Yes, if Washington ESD reverses the decision after your appeal, those benefit charges should be removed from your experience rating account. It's like the claim never happened for tax calculation purposes.

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Good to know. Makes it worth fighting if you have a solid case.

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Just want to add that if you're not sure about the process, Washington ESD has employer resources on their website that explain everything. Better to understand your rights and responsibilities upfront than scramble after someone files a claim.

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Thanks everyone for all the advice. Sounds like I need to get my documentation together and respond quickly when they contact me.

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Exactly. Be proactive and thorough. The worst thing you can do is ignore Washington ESD's requests for information.

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And remember, if you need to actually talk to someone at Washington ESD about your specific situation, services like Claimyr can save you hours of hold time. Sometimes a quick conversation can clear up confusion about the process.

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