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Honorah King

What can disqualify you from Washington ESD unemployment benefits - complete list?

I'm trying to understand all the ways someone can get disqualified from unemployment benefits in Washington. My friend just got a letter saying she was disqualified and now I'm worried about my own claim. I know quitting without good cause is one reason, but what are all the other ways Washington ESD can disqualify you? I want to make sure I don't accidentally do something that will mess up my benefits.

There are quite a few reasons Washington ESD can disqualify you. The main ones are: quitting without good cause, getting fired for misconduct, refusing suitable work, not being able and available for work, not actively searching for work, and fraud. Each one has specific definitions though.

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What exactly counts as misconduct? Is being late a few times enough to disqualify you?

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Misconduct has to be willful or deliberate. Just being late occasionally usually isn't enough unless it's a pattern and you were warned multiple times.

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Don't forget about the work search requirements! You have to apply to at least 3 jobs per week and keep a log. If you don't meet that requirement they can disqualify you.

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I thought it was 2 jobs per week?

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No it's definitely 3 for most people. Some exceptions exist but 3 is the standard requirement.

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I've been dealing with Washington ESD for months and their phone system is impossible. If you need to talk to someone about disqualification issues, I found this service called Claimyr that actually gets you through to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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Is that legitimate? Sounds too good to be true.

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Yeah it's real. I was skeptical too but it actually worked. Much better than hitting redial for 3 hours straight.

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Here's the complete list of disqualification reasons from Washington ESD: 1) Voluntary quit without good cause 2) Discharge for misconduct 3) Refusing suitable work 4) Not able and available 5) Insufficient work search 6) Fraud or misrepresentation 7) Labor dispute participation 8) School attendance (in some cases) 9) Self-employment without approval 10) Receiving other benefits that conflict

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What about if you're going to school part time? Does that automatically disqualify you?

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Not automatically. You can go to school and still get benefits if you're available for work and meet all other requirements. Full-time school is usually problematic though.

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I'm in nursing school and still getting benefits. You just have to prove you're available for work outside class hours.

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The misconduct thing is really specific. I got fired for attendance issues but still got approved because Washington ESD said it wasn't willful misconduct. Missing work due to car trouble or sick kids doesn't count as misconduct usually.

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That's good to know. My friend might have a chance then if she appeals.

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Definitely appeal if she thinks the disqualification was wrong. The appeals process exists for a reason.

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refusing suitable work is a big one people don't think about. If Washington ESD refers you to a job and you turn it down without good reason, you can get disqualified. The job has to pay at least minimum wage and be within reasonable commuting distance.

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How far is reasonable commuting distance?

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Usually up to 2 hours total commute time, but it depends on your situation and the local job market.

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FRAUD is the worst one. If they think you lied about anything on your application or weekly claims, they'll not only disqualify you but make you pay back everything plus penalties. I've seen people owe thousands.

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Xan Dae

What counts as fraud though? What if you make an honest mistake?

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Honest mistakes usually don't count as fraud but you might still have to pay back overpayments. Fraud has to be intentional deception.

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Labor disputes can disqualify you too. If you're on strike or there's a lockout at your workplace, you usually can't get benefits until it's resolved.

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What if you're not participating in the strike but can't work because of it?

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That's more complicated. Sometimes you can still get benefits if you're not directly participating but it depends on the specific situation.

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The able and available requirement trips up a lot of people. You have to be physically and mentally able to work and available for full-time work during normal business hours. If you have restrictions that limit your availability too much, you might not qualify.

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What about if you have kids and can only work certain hours?

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You can have some restrictions but they can't be so limiting that you're not available for suitable work in your area.

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I had to use Claimyr again last week when I got a confusing letter about my work search requirements. Their system got me through to an agent in like 10 minutes instead of the usual 2+ hour wait. Definitely worth it when you need answers fast.

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How much does it cost?

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I'd rather pay a small fee than waste half my day trying to get through on the phone. Check their website for current pricing.

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Don't forget about the waiting week requirement. In Washington you don't have to serve a waiting week anymore but some people still think you do.

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Yeah they eliminated the waiting week a few years ago. You can get paid for your first week if you're eligible.

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Self-employment can disqualify you too if you don't report it properly. Even small side gigs need to be reported on your weekly claims.

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What if you're just selling stuff on eBay occasionally?

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If it's regular income or you're running it like a business, you need to report it. Better to over-report than under-report.

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The key thing is to always be honest on your weekly claims and report any work or income. Most disqualifications happen because people don't report things they should have.

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Exactly. When in doubt, report it. It's better to be safe than sorry with Washington ESD.

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If you do get disqualified, you can always appeal. The appeals process gives you a chance to explain your side of the story. Many disqualifications get overturned on appeal.

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How long do you have to file an appeal?

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You have 30 days from the date on the disqualification notice. Don't wait though - file as soon as possible.

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I got disqualified once for 'not actively seeking work' even though I was applying to jobs every day. Turned out I wasn't using WorkSourceWA correctly to log my job searches. After I fixed that and appealed, they reinstated my benefits.

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WorkSourceWA is so confusing to navigate. I never know if I'm doing the job search log right.

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Yeah it's not intuitive at all. Make sure you're logging all your job search activities, not just applications.

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Another reason for disqualification is if you're receiving workers comp or disability benefits that conflict with unemployment. You usually can't get both at the same time.

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What about Social Security? Can you get unemployment and Social Security at the same time?

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Social Security retirement benefits can reduce your unemployment benefits but don't necessarily disqualify you completely. It depends on your age and the amount.

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Ev Luca

The bottom line is Washington ESD has pretty strict rules but they're all designed to make sure benefits go to people who are genuinely unemployed through no fault of their own and are actively looking for work. As long as you're honest and follow the rules, you should be fine.

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Thanks everyone, this has been really helpful. I feel much more confident about my claim now.

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One more thing - if you need to speak with Washington ESD about any of these issues, definitely try Claimyr. I've recommended it to several friends and they've all had success getting through to agents quickly. Way better than the endless busy signals.

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I'm going to check out that video demo. Getting through to Washington ESD is such a nightmare.

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The demo really shows you how simple it is. Wish I had found it sooner - would have saved me so much frustration.

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Great thread, lots of good info here. Bookmarking this for future reference!

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Same here. This should be pinned to the top of the forum.

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