Washington ESD - what is considered misconduct for unemployment benefits?

That's what I thought! I always called in when I was going to be late and it was only like 4-5 times over 6 months. Thanks for the info.

Did you have any written warnings about attendance? That could make a difference in how Washington ESD views it.

This is really helpful! I did follow our call-in policy every time and my supervisor knew about my childcare situation. Sounds like I should definitely appeal.

How long do you have to appeal a misconduct determination in Washington?

You have 30 days from the date on your determination letter to file an appeal with Washington ESD.

That gives me hope! Did you have to provide documentation during your appeal?

Yes, I submitted my timesheets, emails to my supervisor, and medical documentation. It helped show I was trying to manage the situation responsibly.

Interesting, I hadn't heard of that. I've been dreading trying to call Washington ESD because I know how hard it is to get through.

Does that actually work? Seems too good to be true with how impossible it is to reach them normally.

It worked for me - got connected to an agent in about 20 minutes instead of spending hours redialing. Really helped me understand what documentation I needed for my appeal.

What about if you get multiple warnings about performance? Is that misconduct or just poor performance?

Poor performance alone usually isn't misconduct unless it's due to deliberate negligence or refusal to follow instructions. There's a difference between not being able to do the job and choosing not to do it properly.

Good to know! I've been saving all my emails and schedules showing my childcare conflicts. Should I gather anything else?

Any communication with HR or your supervisor about the attendance issues, your employee handbook showing the attendance policy, and maybe character references from coworkers if possible.

Poor attitude alone probably wouldn't hold up on appeal unless they can show specific instances where it affected your work or violated policy. Sounds like you should definitely fight that one.

yeah I'm definitely appealing but it's such a hassle. Already been without income for 3 weeks while this drags on.

That's encouraging! I was worried Washington ESD would automatically side with employers.

They're supposed to be neutral but yeah, they do seem to give workers the benefit of the doubt more than some states. Still worth fighting for your benefits.

Good point, I'll file my appeal this week. Better to get the process started even if it takes forever.

Yeah don't wait around. I waited too long to appeal and missed the deadline. Learned that lesson the hard way.

Thanks for the recommendation! I might try that if I can't get through on my own.

How much does something like that cost? Is it worth it?

For me it was worth it to avoid spending hours every day trying to get through. Saved me a ton of frustration and time.

I didn't know that! Good to keep in mind as a backup plan if my appeal doesn't work out.

How many hours do you need to work to requalify? Is it the same as the initial requirement?

I think it's 680 hours after the misconduct determination, but double check with Washington ESD on that number.

Yeah it does seem pretty inconsistent. My friend got approved after being fired for the same thing I got denied for. Makes no sense.

That's exactly why you should appeal if you think the decision was wrong. Different reviewers might see your case differently.

That's really good to know! I have a couple coworkers who knew about my childcare situation and how I always tried to handle it responsibly.

Can you have a lawyer represent you at the hearing or do you have to do it yourself?

You can have representation but most people do it themselves since the hearings are pretty informal. Legal aid might help if you qualify.

I wish I had been better about keeping records while this was happening. I have some stuff but not as much as I'd like.

Better than nothing! Even partial documentation is better than just your word against theirs.

Same here, been waiting 6 weeks for my hearing to be scheduled. The whole system is backed up it seems.

I finally got through to someone using that Claimyr service people mentioned and they said appeals are taking 8-12 weeks right now due to high volume.

Ugh that's ridiculous. People need their benefits while they're looking for work, not months later.