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Chloe Mitchell

Washington ESD - what happens if an employer contests unemployment claim?

My former boss just told me they're going to contest my unemployment claim because they say I quit voluntarily. I was basically forced out after they kept cutting my hours and changed my job duties completely, but I guess they're going to fight it. What exactly happens when an employer contests your claim with Washington ESD? Do I automatically lose benefits while they investigate? I'm really worried because I need these payments to survive right now.

When an employer contests your Washington ESD claim, it triggers what's called an adjudication process. You don't automatically lose benefits - Washington ESD will investigate both sides of the story before making a decision. They'll typically send you a questionnaire asking for your version of events, and they might contact you by phone for an interview.

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How long does this adjudication usually take? I'm scared I won't be able to pay rent if this drags on.

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It varies but usually 2-4 weeks. Keep filing your weekly claims during this time even though you won't receive payments yet. If you're approved, you'll get back pay for those weeks.

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I went through this exact situation last year. My employer contested saying I was fired for misconduct when really I was laid off due to budget cuts. The key is documenting everything - save any emails, texts, or written communications that support your side of the story.

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Did you end up winning your case? What kind of evidence was most helpful?

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Yes I won! Email chains showing they were cutting everyone's hours helped prove it wasn't performance related. Also had a coworker willing to provide a statement about the working conditions.

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Just a heads up - trying to reach Washington ESD during adjudication can be a nightmare. I spent weeks trying to get through to check on my case status. Finally found this service called Claimyr that actually got me connected to an agent. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

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How much does something like that cost? I'm already strapped for cash.

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Worth every penny when you consider how much time it saves. Way better than spending hours hitting redial and getting nowhere.

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UGH employers are the worst about this stuff!! They fire you or force you out then try to block your unemployment just to be spiteful. The system is totally rigged in their favor.

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While I understand the frustration, Washington ESD actually has to investigate all contested claims fairly. They can't just take the employer's word for it.

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Yeah right, tell that to all the people who get denied even when they have proof their employer was lying

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The most important thing is to respond to ALL communication from Washington ESD promptly. If they send you forms or request a phone interview, don't delay. Missing deadlines can result in automatic denial even if you have a strong case.

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What if I don't understand some of the questions on their forms? Should I guess or leave them blank?

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Never guess! Call Washington ESD for clarification or seek help from someone who understands the process. Wrong answers can hurt your case more than leaving something blank.

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been there done that, employer said i was fired for attendance when i had doctors notes for everything. took like 6 weeks to get resolved but i eventually got approved and all my back pay

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That gives me hope! Did you have to do a phone hearing or anything?

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nah just had to fill out their fact finding forms and provide copies of my medical documentation

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What exactly counts as being 'forced to quit'? My manager was creating such a hostile work environment that I couldn't take it anymore, but technically I did resign. Would that qualify for benefits?

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That could qualify as 'constructive dismissal' or quitting for good cause. You'd need to document the hostile behavior and show you tried to resolve it through proper channels first.

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I did report it to HR but they basically ignored me. I have emails showing I tried to address the issues.

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Same thing happened to my neighbor last month. Her old job contested saying she quit but she was actually pushed out due to 'restructuring' aka they wanted to hire someone younger for less money. She's still waiting to hear back from Washington ESD.

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How is she managing financially while waiting? I'm already behind on bills.

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She had to borrow money from family and is doing some gig work to get by. It's really tough when you're in limbo like that.

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One thing to keep in mind - even if the employer contests, you can still potentially qualify for benefits if you can prove you quit for 'good cause' related to the work. This includes things like unsafe working conditions, significant changes to your job duties or hours, harassment, or not being paid properly.

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They definitely changed my job duties without warning and cut my hours from 40 to 20 per week. That should count as good cause right?

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Absolutely! That's a substantial change to your employment terms. Make sure to document exactly when these changes occurred and how they affected your ability to work.

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Also wanted to mention - I used that Claimyr service someone mentioned earlier when I needed to follow up on my adjudication status. Saved me literally hours of trying to get through Washington ESD's phone system. Sometimes you just need to talk to a real person to get answers.

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Is it legit though? Seems too good to be true that they can actually get you through to Washington ESD agents.

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Totally legit - they basically handle the calling and waiting for you. Got connected within like 15 minutes when I'd been trying for days on my own.

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Whatever you do, don't let them intimidate you into dropping your claim. Employers contest valid claims all the time hoping people will just give up. Stand your ground if you know you're entitled to benefits.

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That's exactly what I'm worried about - that they're just trying to scare me into withdrawing my claim.

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Don't let them! You have every right to those benefits if you qualify. Let Washington ESD make the decision, not your former employer.

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quick question - if the employer contests and loses, do they face any penalty for filing a frivolous contest? seems like there should be consequences for wasting everyone's time

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Not really, unfortunately. Employers have the right to contest claims they believe are invalid, even if they ultimately lose the case.

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that sucks, basically no downside for them to contest everything then

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Here's what typically happens step by step: 1) Employer contests within 10 days of being notified, 2) Washington ESD sends you a fact-finding questionnaire, 3) They may conduct phone interviews with both parties, 4) An adjudicator reviews all evidence and makes a decision, 5) You receive written notice of the decision. If denied, you can appeal within 30 days.

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This is super helpful! About how long after I filed should I expect to hear if they're contesting?

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Usually within the first 1-2 weeks after filing. If you haven't heard anything by then, the employer likely didn't contest.

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I'm going through this right now too! My employer is claiming I was fired for poor performance but I have performance reviews that say otherwise. The waiting is killing me financially but I know I'm in the right.

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Those performance reviews should definitely help your case! Are you able to get by while waiting for a decision?

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Barely - had to ask family for help with groceries. But I'm not giving up because I know they're lying about why they let me go.

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Pro tip: if you end up having to do a phone hearing, treat it like a court proceeding. Be professional, stick to facts, and have all your documentation organized. Don't get emotional even if the employer's representative is lying through their teeth.

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Good advice - I tend to get flustered when confronted. I'll need to practice staying calm.

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Write down key points beforehand so you don't forget important details when you're nervous. The hearing officer wants facts, not emotions.

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just remember that most contested claims actually get approved if the worker was truly eligible. employers contest a lot of legitimate claims hoping people won't fight back. don't let them bully you out of benefits you earned

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That's encouraging to hear! I was starting to think I didn't have a chance.

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nah you got this, just document everything and respond to all their requests promptly

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Update on the Claimyr thing - used it again yesterday to check on my partner's claim status and got through to Washington ESD in under 10 minutes. Seriously worth it when you need actual answers instead of just the automated system responses.

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Do they work for adjudication cases too or just general claim questions?

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Yeah they can connect you to the right department for adjudication questions. The agent I spoke to was able to see exactly where my case stood in the process.

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Another thing - if your employer provides false information during the contest, that could actually work in your favor. Washington ESD adjudicators can usually spot inconsistencies in stories, especially if you have documentation that contradicts their claims.

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I'm hoping that's the case because some of what they told me they plan to say isn't true. I have texts from my supervisor that prove otherwise.

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Perfect! Save those texts and include them with your response to Washington ESD. Electronic communications are excellent evidence.

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been following this thread and wanted to add - even if you lose the initial adjudication decision, you can still appeal and request a hearing with an administrative law judge. that's where a lot of people actually win their cases

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How long does the appeal process take if it comes to that?

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usually another 4-6 weeks but you get a more thorough review of your case. sometimes worth it if you have strong evidence

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Hang in there OP! I know it's stressful but the system generally works if you're patient and provide good documentation. Most people who were legitimately eligible end up getting their benefits, even when employers contest.

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Thanks for the encouragement! This thread has been really helpful and made me feel less alone in dealing with this.

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That's what these forums are for! We've all been through the Washington ESD maze at some point. You'll get through this too.

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