Washington ESD unemployment hearing what to expect - first time appealing
I've got my first Washington ESD unemployment hearing scheduled for next week and I'm honestly terrified. My employer is claiming I was fired for misconduct but that's completely false - I was laid off due to budget cuts along with 6 other people. They're fighting my unemployment claim and now I have to go through this whole hearing process. Has anyone been through one of these before? What should I expect? Do I need a lawyer or can I represent myself? I've never done anything like this and I'm worried I'll mess it up somehow.
61 comments


Dominique Adams
I went through a Washington ESD hearing last year when my employer tried to deny my claim. It's not as scary as it sounds! The administrative law judge will ask you questions, then your employer (or their representative) gets to ask questions too. Make sure you bring any documentation you have - termination letter, emails, witness statements if you have them. You don't need a lawyer for most cases, but organization is key.
0 coins
Isabel Vega
•Thank you! That makes me feel a bit better. I do have the layoff notice they gave all of us. Should I bring copies for everyone?
0 coins
Dominique Adams
•Yes definitely bring multiple copies! And if you have any emails or messages about the budget cuts or layoffs, bring those too.
0 coins
Marilyn Dixon
honestly these hearings are a joke, the judges usually side with employers anyway. i went through one last month and even with perfect documentation i still lost. good luck but don't get your hopes up too high
0 coins
Isabel Vega
•That's exactly what I'm worried about :( Did you appeal their decision?
0 coins
Marilyn Dixon
•yeah i'm still waiting to hear back on the appeal to the commissioner's review office. it's been 3 weeks already
0 coins
Louisa Ramirez
Don't listen to the negativity above. I won my hearing last year against a major corporation that tried to claim I quit when I was actually constructively discharged. The key is being prepared and staying calm. Write down your main points beforehand and stick to the facts. The judge will appreciate clear, organized testimony over emotional outbursts.
0 coins
Isabel Vega
•How long did your hearing take? I'm trying to figure out if I need to take the whole day off work.
0 coins
Louisa Ramirez
•Mine was about 45 minutes total. Plan for 1-2 hours to be safe, but most straightforward cases don't take that long.
0 coins
TommyKapitz
If you're having trouble getting through to Washington ESD to ask questions about your hearing, I found this service called Claimyr that helped me reach an actual agent. They have a website at claimyr.com and there's a video demo showing how it works at https://youtu.be/7DieNd3C7zQ. I was able to get clarification on some hearing procedures that I couldn't find online.
0 coins
Isabel Vega
•I'll check that out, thanks! I did try calling Washington ESD yesterday but got disconnected after being on hold for an hour.
0 coins
Angel Campbell
•How much does that service cost? Seems like they'd charge a lot for something like that.
0 coins
TommyKapitz
•It was worth it for me to get my questions answered before the hearing. Way better than spending hours trying to get through on my own.
0 coins
Dominique Adams
One thing I forgot to mention - the hearing will likely be by phone unless you specifically requested an in-person hearing. Make sure you're in a quiet place with good phone reception. I made the mistake of taking mine while at a coffee shop and had to ask them to repeat questions several times.
0 coins
Isabel Vega
•Good point! Mine is scheduled as a phone hearing. Should I use my cell phone or landline?
0 coins
Dominique Adams
•Use whichever has the most reliable connection. I'd go with landline if you have one, just to avoid any dropped calls.
0 coins
Payton Black
ugh the washington esd system is so broken. why do they make it so hard for people who legitimately deserve benefits? i've been fighting with them for months over my claim
0 coins
Isabel Vega
•It is frustrating! I never thought I'd have to go through all this just to get unemployment benefits.
0 coins
Louisa Ramirez
•The system has issues but the hearings are actually pretty fair if you come prepared with documentation.
0 coins
Harold Oh
Make sure you understand the difference between misconduct and layoffs. Misconduct has to be willful violation of company policy or something that shows you acted against the employer's interests. Budget cuts and layoffs are completely different. Your employer has the burden of proving misconduct occurred.
0 coins
Isabel Vega
•That's helpful! They're claiming I violated company policy but I was never written up or disciplined for anything.
0 coins
Harold Oh
•That's a strong point in your favor. Employers usually document policy violations if they happen. The lack of documentation helps your case.
0 coins
Isabel Vega
Update: I called Washington ESD this morning to ask about witness testimony and actually got through! They said my coworkers who were also laid off can testify by phone if they're willing. Going to reach out to a couple of them today.
0 coins
Dominique Adams
•That's great news! Witness testimony from other people who were laid off at the same time will really strengthen your case.
0 coins
Louisa Ramirez
•Wow you actually got through to Washington ESD on the phone? That's impressive! What number did you call?
0 coins
Isabel Vega
•I used the main customer service line but called right when they opened at 8am. Only waited about 20 minutes.
0 coins
Amun-Ra Azra
I'm a former HR manager and I've been on the employer side of several of these hearings. Honestly, if you were laid off with multiple other people due to budget cuts, the employer is going to have a very hard time proving misconduct. Make sure you emphasize that others were laid off at the same time and bring any documentation about the layoffs.
0 coins
Isabel Vega
•This is really reassuring coming from someone who's seen the employer side! I do have the layoff notice that mentions budget constraints.
0 coins
Marilyn Dixon
•easy for you to say when you were on the employer side. these hearings are rigged against workers
0 coins
Amun-Ra Azra
•I've seen plenty of cases where employees won when they had good documentation. The system isn't perfect but it's not rigged either.
0 coins
Summer Green
Just remember that the judge is there to be neutral and find the facts. Don't take it personally if they ask tough questions - that's their job. Answer clearly and concisely, and don't volunteer information that isn't asked for. Stick to what you know personally rather than speculating about company motives.
0 coins
Isabel Vega
•Good advice about not volunteering extra information. I tend to over-explain when I'm nervous.
0 coins
Summer Green
•That's normal! Just take a breath before answering each question and focus on the specific question being asked.
0 coins
Gael Robinson
Another thing - if your employer doesn't show up for the hearing, you basically win by default. This happens more often than you'd think, especially for smaller companies that don't want to spend time on it.
0 coins
Isabel Vega
•Really? That would be amazing but I'm not counting on it. They seem pretty determined to fight this.
0 coins
Gael Robinson
•Yeah don't count on it, but it does happen. Either way, sounds like you have a solid case with the layoff documentation.
0 coins
TommyKapitz
Update on that Claimyr service I mentioned earlier - I used it again yesterday to get clarification on appeal deadlines and it worked great. Really saved me time compared to trying to get through to Washington ESD on my own. The agent I spoke with was super helpful about explaining the hearing process too.
0 coins
Edward McBride
•I'm tempted to try that service too. Been trying to reach Washington ESD for days about my own claim issues.
0 coins
TommyKapitz
•Definitely worth it if you're having trouble getting through. Check out that video demo I mentioned earlier to see how it works.
0 coins
Darcy Moore
make sure you log into your online account before the hearing to print out your claim history and any correspondence. sometimes the judge will ask about specific dates or benefit amounts
0 coins
Isabel Vega
•Good point! I should print everything out ahead of time. Do you remember what specific things they asked about?
0 coins
Darcy Moore
•they asked when i first filed, what my weekly benefit amount was, and if i had been looking for work. basic stuff but good to have the info ready
0 coins
Dana Doyle
One more tip - if you disagree with something your employer says during the hearing, don't interrupt. Wait for your turn to respond. The judge will give you a chance to address their claims. Interrupting just makes you look bad and unprofessional.
0 coins
Isabel Vega
•I'll definitely keep that in mind. I can see myself wanting to jump in if they say something completely false.
0 coins
Dana Doyle
•Trust me, I learned that the hard way in my first hearing. Take notes while they're talking so you don't forget what you want to address.
0 coins
Liam Duke
how long does it usually take to get the decision after the hearing? i'm going through this same process and wondering when i'll know the outcome
0 coins
Dominique Adams
•In my experience it was about 10-14 days to get the written decision in the mail. You can also check your online account for updates.
0 coins
Isabel Vega
•That's good to know! I'll be checking my account obsessively I'm sure.
0 coins
Manny Lark
If you lose the hearing, don't panic! You can still appeal to the Commissioner's Review Office within 30 days. I know someone who lost at the hearing level but won on appeal because new evidence came to light.
0 coins
Isabel Vega
•Hopefully it won't come to that, but good to know there are still options if things don't go well.
0 coins
Manny Lark
•Exactly! Just focus on doing your best at this hearing first. Sounds like you're well prepared.
0 coins
Rita Jacobs
Final advice - get a good night's sleep before the hearing and eat something beforehand. I was so nervous I didn't eat and almost passed out during my hearing. Not a good look!
0 coins
Isabel Vega
•Ha! I can definitely see myself doing that. Thanks for the reminder to take care of the basics.
0 coins
Khalid Howes
•Also have some water nearby during the hearing. Dry mouth from nerves is real!
0 coins
Isabel Vega
Thank you everyone for all the advice and support! I'm feeling much more confident about the hearing now. I'll update this thread after it's over to let you know how it went. Wish me luck!
0 coins
Dominique Adams
•Good luck! You've got this. Sounds like you're well prepared and have a strong case.
0 coins
Louisa Ramirez
•Definitely update us! And remember - stay calm, stick to the facts, and you'll do fine.
0 coins
Ben Cooper
•Rooting for you! The fact that multiple people were laid off at the same time really helps your case.
0 coins
Naila Gordon
I just saw this thread and wanted to add that I used Claimyr too when I was preparing for my hearing. Being able to actually talk to a Washington ESD agent beforehand helped me understand exactly what documents I needed to bring. Made all the difference in my case.
0 coins
Isabel Vega
•That's three people now who have mentioned that service! Definitely seems like it could be helpful for getting those last-minute questions answered.
0 coins
Naila Gordon
•Yeah, especially when you can't get through on the regular phone lines. The peace of mind was worth it for me.
0 coins