Washington ESD what disqualifies you for unemployment - need to understand the rules

What counts as misconduct exactly? They're saying I violated company policy but it was a minor thing that other employees do all the time.

Misconduct has to be willful disregard of employer's interests or deliberate violation of rules. Minor policy violations usually don't qualify unless there's a pattern or you were warned.

Did you try to appeal the disqualification? I'm worried about going through all this just to get denied.

Yeah I appealed and won eventually but it took 3 months total. Document everything if you decide to file.

Is that legit? I've never heard of using a service to call ESD for you.

Yeah it's real, check out claimyr.com. They basically auto-dial and wait in the queue for you, then patch you through when they get an agent.

That sounds too good to be true. How much does it cost?

What's the base period earnings requirement? I worked part-time for most of last year.

You need at least $1,005 in your base period and earnings in at least two quarters. Base period is usually the first 4 of the last 5 completed quarters before you file.

Wait, you have to look for work even if you're appealing a disqualification?

Yes, you still need to meet all ongoing eligibility requirements including work search while your appeal is pending.

How long does adjudication usually take? I need to know if I should look for temporary work while waiting.

Mine took 6 weeks but I've heard anywhere from 3-12 weeks depending on complexity and their backlog.

Good to know! What makes work 'suitable' vs unsuitable?

Generally needs to be within your skill level, pay at least 80% of your previous wage after the first 13 weeks, and be within reasonable commuting distance.

That 80% rule only applies after you've been unemployed for 13 weeks. Before that, suitable work can be lower wages as long as it's not unreasonably low.

Not necessarily. If attendance issues were due to circumstances beyond your control (illness, family emergency, transportation problems), it might not be misconduct.

My car broke down and I couldn't afford to fix it right away, so I was late a few times. Think that would count as beyond my control?

Did the agent actually help you or just give you the runaround?

She was able to tell me exactly where my appeal stood in the process and what to expect next. Much better than the automated system.

That sounds like whistleblower retaliation. Did you file a complaint with L&I or OSHA too?

Filed with everyone I could think of but these government agencies all protect employers over workers.

So I should still do the weekly claims even if I'm disqualified? Won't that look bad?

Yes, you have to continue filing to preserve your right to benefits if your appeal succeeds. It's required.

Did you have to prove the illegal behavior or was your word enough?

had to provide paystubs and work schedules showing the unpaid overtime. documentation is key

What if you have a medical condition that limits the type of work you can do?

You can still qualify if you're able to do some type of work and are actively seeking work within your limitations. May need doctor's documentation.

What about if you're getting workers comp but it's just for medical bills, not lost wages?

Medical-only workers comp usually doesn't affect unemployment eligibility, but wage replacement benefits do.

They look at whether a reasonable person would have known the information was incorrect and whether you made an effort to provide accurate information.

So accidentally reporting wrong dates probably wouldn't be considered fraud?

I keep seeing people mention this service. Is it really that hard to get through to ESD on your own?

I tried calling for 3 days straight and never got through. With Claimyr I was talking to someone the same day.

What about medical marijuana? Is that still considered misconduct?

Even with a medical card, employers can still fire you for testing positive and you'd likely be disqualified. It's still federally illegal.

How much freelance income triggers a disqualification? Is there a minimum amount?

any amount has to be reported but they only reduce your benefits if you earn more than your weekly benefit amount

What kind of documentation would prove unsafe working conditions?

OSHA reports, safety complaints to management, photos of hazards, witness statements from coworkers. The more evidence the better.

Thanks everyone for all the detailed information. I feel much better prepared to file my claim and handle whatever comes next.

Good luck! Remember to document everything and don't be afraid to use services like Claimyr if you need help reaching ESD agents.