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Sean Kelly

Washington ESD unemployment what disqualifies you for unemployment benefits?

I'm trying to understand all the ways you can get disqualified from Washington ESD unemployment benefits before I file my claim. I heard there are lots of reasons they can deny you and I want to make sure I don't accidentally mess something up. What are the main things that will disqualify you? I left my last job because my hours got cut to almost nothing and I couldn't afford to stay, but I'm worried they might say I quit voluntarily. Also concerned about the job search requirements - how strict are they really?

The main disqualifications for Washington ESD benefits include: quitting without good cause, being fired for misconduct, refusing suitable work, not being able and available to work, failing to register with WorkSource, and not conducting an adequate job search. For your situation with reduced hours, that might qualify as constructive discharge if the hour reduction was substantial enough.

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What counts as 'substantial enough' for the hour reduction? Mine went from 40 hours to maybe 8-10 per week.

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A reduction from 40 to 8-10 hours would likely qualify as good cause for leaving. That's a 75-80% reduction which Washington ESD typically considers constructive discharge.

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Don't forget about the income requirements too. You need to have earned enough wages during your base period. Also if you're going to school full-time that can disqualify you because you're not considered available for work.

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Wait, any school at all disqualifies you? I was thinking about taking some online classes while unemployed.

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Part-time is usually okay as long as it doesn't interfere with your ability to work and conduct job search. Full-time school is the problem.

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I've been dealing with Washington ESD for months and honestly the hardest part is just getting through to talk to someone when you have questions about disqualifications. I spent weeks calling and getting busy signals. Finally found this service called Claimyr that actually got me connected to an agent in like 10 minutes. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Is that one of those services that charges you to call? Seems like something Washington ESD should handle themselves.

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Yeah there's a fee but honestly after spending hours trying to get through on my own it was worth it. Sometimes you need to talk to an actual person to understand your situation.

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Drug testing can also disqualify you in certain situations. If you're fired for failing a drug test or if your job requires it and you refuse, that's misconduct. Also lying on your claim or not reporting work/income will definitely get you disqualified and you might have to pay back benefits.

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The work reporting thing is so confusing though. Do you report gross or net income? And what if you do like gig work?

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You report gross earnings before taxes. For gig work you still need to report it even if it's just a few dollars. Better to over-report than under-report.

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Being in the country illegally will obviously disqualify you. You need work authorization. Also if you're receiving certain other benefits like workers comp you might not be eligible for UI at the same time.

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What about people on disability? Can you get both?

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Generally no, because to get UI you have to be able and available to work, which conflicts with being unable to work due to disability.

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The job search thing is a big one. You have to make at least 3 job search contacts per week and keep a log. If you don't do this or can't prove you did it during an audit, they'll disqualify you. WorkSource registration is mandatory too.

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How do they audit the job search log? Do they actually call employers?

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They can and sometimes do verify your contacts. That's why it's important to keep detailed records with dates, company names, how you applied, etc.

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Age discrimination isn't a disqualifier but being under 18 can be an issue. Also if you're a student and school is your primary focus rather than work, that can disqualify you even if it's not full-time.

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What about trade school or vocational training? That's work-related education.

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Some approved training programs actually allow you to keep collecting benefits. Check with WorkSource about approved training programs.

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Criminal background can sometimes be an issue if it affects your ability to find work in your field. Not automatically disqualifying but it complicates things, especially for jobs requiring background checks.

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That seems unfair - you're unemployed partially because of the background check issue but then they make it harder to get benefits too?

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It's about being available for suitable work. If your background limits your job options significantly, it affects the 'suitable work' determination.

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Don't forget about the waiting week - you won't get paid for your first week even if you're eligible. Also if you have a pension from your last employer that might reduce your benefits.

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Wait there's still a waiting week? I thought they got rid of that during covid.

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The waiting week came back after the pandemic programs ended. It's back to the old rules now.

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Seasonal workers have special rules too. If you work in seasonal industries and there's a reasonable expectation you'll return to the same employer, you might not qualify during the off-season.

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What counts as seasonal? Like construction or just obvious things like ski resorts?

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Agriculture, construction, tourism, retail during holidays - lots of industries can be considered seasonal depending on the specific job and employer patterns.

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If you're self-employed or an independent contractor, you generally can't get regular UI benefits. There might be other programs but not the standard unemployment insurance.

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What if you were misclassified as a contractor when you should have been an employee?

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That's a complex situation that might require an employment law determination. Washington ESD would have to decide if you were properly classified.

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Being pregnant doesn't disqualify you but if you can't work due to pregnancy complications, that affects the 'able and available' requirement. Similarly for other medical conditions that prevent you from working.

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Isn't there family leave for pregnancy stuff?

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That's different - Paid Family and Medical Leave (PFML) is separate from unemployment insurance. Different programs with different rules.

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This is really helpful everyone. Sounds like my situation with the hour reduction should be okay. I'm definitely going to document everything carefully and make sure I understand the job search requirements before I file.

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Smart approach. Keep all your documentation about the hour reduction - pay stubs, schedules, any communication with your employer about the changes.

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And if you do get disqualified for any reason, remember you can appeal the decision. Don't just give up if the initial determination doesn't go your way.

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One thing people don't realize is that even getting fired doesn't automatically disqualify you. It has to be for misconduct. Poor performance or not being a good fit usually doesn't count as misconduct.

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What exactly counts as misconduct then? I got fired for being late a few times.

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Persistent tardiness after warnings could potentially be misconduct, but it depends on your employer's policies and whether you had good reasons for the tardiness.

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The job search thing is what gets most people. Three contacts per week doesn't sound like much but you have to actually keep track of everything. I use a spreadsheet with dates, companies, positions, how I applied, any follow-up, etc.

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Do online applications count or do you have to do something more direct?

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Online applications definitely count. Just make sure you're applying for jobs you're actually qualified for and could reasonably accept if offered.

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I had issues understanding my disqualification notice and couldn't get through to Washington ESD to ask questions. Used Claimyr to connect with an agent who explained everything clearly. Really wish I'd known about that service earlier instead of stressing for weeks.

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How quickly did they get you connected? The wait times when I call are insane.

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It was maybe 15 minutes total? Way better than the hours I spent trying to call directly. Worth checking out their website to see how it works.

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Don't forget about voluntary quit situations. Even if you have a good reason, you need to prove it was good cause connected to the work. Personal reasons usually don't qualify unless they're really serious.

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What if your boss was harassing you but you didn't report it through HR first?

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Harassment can be good cause but you generally need to show you tried to resolve it through proper channels first, unless there were safety concerns or other extenuating circumstances.

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The income calculation is tricky too. They look at your base period wages and you need a minimum amount in total and in at least two quarters. If you haven't worked enough or recently enough, you won't qualify even if everything else is fine.

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How far back do they look for the base period?

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It's usually the first four of the last five completed calendar quarters before you file. So if you file in January 2025, they'd look at January 2024 through September 2024.

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Just want to add that if anyone is struggling to reach Washington ESD about disqualification questions, Claimyr really does work. I was skeptical at first but after trying for days to get through on my own, it was a lifesaver. The peace of mind from talking to an actual agent was worth it.

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Good to know there are options when the normal system doesn't work. The phone system is definitely frustrating.

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Agreed, sometimes you just need to talk to a human to understand your specific situation instead of trying to guess from website information.

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Remember that even if you get disqualified initially, you can often appeal and provide additional documentation. Don't assume the first decision is final, especially for complex situations like constructive discharge or good cause quits.

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How long do you have to appeal a disqualification decision?

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You have 30 days from the date of the determination notice. Don't wait - appeal deadlines are strict and hard to extend.

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