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Carmen Vega

Washington ESD unemployment insurance mandatory - employer not paying into system?

I just found out my previous employer might not have been paying into the unemployment insurance system properly. When I tried to file my UI claim with Washington ESD, they said there's no wage record for me from my last job. I worked there for 8 months full-time. Is unemployment insurance mandatory for all employers in Washington? What can I do if my employer wasn't contributing? This is really stressing me out because I need these benefits.

Yes, unemployment insurance is mandatory for most employers in Washington state. If your employer had employees and paid wages, they're required to contribute to the UI system. You should contact Washington ESD immediately to report this issue.

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How do I report this to Washington ESD? Do I need to provide proof that I worked there?

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You'll need pay stubs, W-2 forms, or any documentation showing you worked there. Washington ESD will investigate and can require the employer to pay back contributions.

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This exact thing happened to my brother last year. His employer wasn't reporting wages correctly and he couldn't get his unemployment claim processed.

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What did he do about it? Did he eventually get his benefits?

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It took months to resolve but he did get his benefits backdated. The employer got in trouble with the state too.

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I've been dealing with Washington ESD phone issues for weeks trying to resolve a similar wage record problem. The hold times are insane and I keep getting disconnected. I actually found this service called Claimyr that helps you get through to ESD agents - check out their demo video at https://youtu.be/7DieNd3C7zQ. It's been a lifesaver for actually reaching someone who can help with wage record disputes.

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Really? I've been trying to call for days with no luck. How does Claimyr work exactly?

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It's basically a service that handles the calling and waiting for you. You go to claimyr.com and they'll get you connected to an actual ESD representative. Way better than spending hours on hold.

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I'm skeptical of paying for something I should be able to do myself, but if it actually works...

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Most employers are required to pay UI taxes, but there are some exceptions. Agricultural workers, domestic workers in private homes, and some other specific categories might not be covered. What type of work were you doing?

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I was working in retail at a clothing store. Definitely not agricultural or domestic work.

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Then your employer was absolutely required to pay into the UI system. This sounds like they were either not reporting wages properly or trying to avoid their tax obligations.

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ugh this is exactly why I hate dealing with unemployment stuff. the system is so broken and employers get away with this crap all the time

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While it's frustrating, Washington ESD does take these violations seriously. They have enforcement mechanisms in place.

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yeah right, tell that to all the people who never get their benefits because of employer mistakes

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You need to file a wage protest with Washington ESD. They have a specific process for this exact situation where employers haven't properly reported wages.

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How long does a wage protest usually take to process?

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It can take several weeks to a few months depending on how cooperative the employer is and how much investigation is needed.

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same thing happened to me but with a different issue - my wages were reported wrong and it affected my benefit amount. took forever to get through to someone at ESD to fix it

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Did you eventually get it resolved? I'm worried this will take months.

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yeah but only after using that claimyr service someone mentioned earlier. saved me weeks of trying to get through on the phone

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Important to note that while you're waiting for the wage protest to be resolved, you should still file your weekly claims if you're unemployed. Don't let this delay prevent you from establishing your claim.

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But how can I file weekly claims if my initial claim was denied due to no wage records?

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You'll need to appeal the denial first, then continue filing while the wage protest is being investigated.

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This happened to my cousin and she had to get a lawyer involved because the employer kept denying they owed UI taxes. It was a mess.

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I really hope it doesn't come to that. Did she eventually win?

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Yes but it took over a year and a lot of stress. Hopefully yours gets resolved faster.

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Make sure you keep detailed records of everything - pay stubs, work schedules, any communication with your employer. You'll need all of this for the wage protest.

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I have most of my pay stubs but not all of them. Will that be a problem?

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Get whatever you can. Bank deposits, W-2 forms, anything that shows you were paid by this employer will help your case.

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wait, are you sure your employer wasn't just classifying you as an independent contractor instead of an employee? that would explain why there are no UI records

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No, I was definitely an employee. I had taxes withheld from my paychecks and everything.

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ok then yeah, they were definitely supposed to be paying UI taxes. this is on them

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Just wanted to follow up on the Claimyr thing since a few people mentioned it - I used them again yesterday to get through to ESD about a different issue and was connected within 15 minutes. Definitely worth it when you need to actually talk to someone about complex issues like wage protests.

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How much does it cost though? I'm already struggling financially.

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I don't want to give wrong info on pricing, but for me it was worth it to actually get my issues resolved instead of spending weeks trying to get through.

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The Washington ESD website has a form specifically for reporting employers who don't pay UI taxes. Look under the employer services section.

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Thanks! I'll look for that form right now.

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This is why I always check to make sure my employers are legit. Too many shady businesses out there trying to cut corners.

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Easy to say after the fact. Most people don't think to check this stuff when they're just trying to get a job.

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I work in HR and can confirm that UI coverage is mandatory for virtually all employers in Washington. Your employer was breaking the law by not contributing.

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What kind of penalties do employers face for not paying UI taxes?

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They can face back taxes, interest, penalties, and in severe cases criminal charges. The state takes this seriously.

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Document everything and consider filing a complaint with the Department of Labor & Industries too. They handle wage and hour violations.

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Would that help with my unemployment claim though?

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It might not directly help your UI claim but it could pressure the employer to cooperate with the wage protest.

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How long did you work at this place? If it was less than a certain amount of time or wages, it might not count toward your UI eligibility anyway.

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I worked there for 8 months full-time, so it should definitely count.

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Yeah that should be plenty to establish eligibility. The employer definitely messed up.

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Good luck with this. It's frustrating but you have rights and the state will help enforce them. Don't let the employer get away with it.

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Thanks for all the support everyone. I'm going to start with filing the wage protest and see where it goes.

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Just saw this thread and wanted to add that I went through something similar. The key is being persistent and having good documentation. Also that Claimyr service really does work - used it twice now when I couldn't get through to ESD on my own.

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It's good to hear from people who actually resolved this kind of issue. Gives me hope.

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You'll get through it. Just don't give up and make sure you meet all the deadlines for appeals and protests.

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