What disqualifies from unemployment benefits in Washington ESD - need to understand the rules

There are several main categories that can disqualify you from Washington ESD unemployment benefits. The biggest ones are: 1) Misconduct - this includes things like violating company policy, insubordination, or excessive absences without valid reason 2) Voluntary quit without good cause 3) Not being able and available for work 4) Not meeting the job search requirements 5) Refusing suitable work offers. For your brother's situation with attendance, Washington ESD will look at whether the absences were within his control and if he followed proper procedures to notify his employer.

Don't forget about the monetary requirements too. You need to have earned enough wages in your base period to qualify. Washington ESD looks at the first four of the last five completed quarters before you filed your claim. If you don't meet the minimum earnings threshold, you'll be disqualified even if you weren't fired for misconduct.

The whole adjudication process can be really stressful when you're not sure if you'll qualify. I went through something similar last year and it took Washington ESD about 3 weeks to make a decision. If your brother does get disqualified, he can always appeal the decision. But honestly, the hardest part is even getting through to talk to someone at Washington ESD to explain your situation. I tried calling for days and kept getting busy signals or getting hung up on after waiting on hold for hours.

just went through this myself. got fired for being late too many times but it was because of my kids daycare situation. washington esd approved my claim because i could show it was circumstances beyond my control and i was trying to work with my employer on a solution. your brother should definitely apply and explain his situation in detail when he files.

Here's something important - even if he gets disqualified initially, he can still file weekly claims while appealing the decision. A lot of people don't know this and they stop filing claims thinking they're completely out of luck. Keep filing those weekly claims! If you win your appeal, you'll get back pay for all the weeks you filed.

The system is so messed up honestly. They disqualify people for the stupidest reasons but then you see people gaming the system and collecting benefits when they shouldn't. Your brother probably has a better chance than he thinks if he can document his car troubles.

One more thing to mention - Washington ESD also disqualifies people for things like not actively searching for work, not registering with WorkSource, or failing drug tests. But for a misconduct case like your brother's, the key is going to be whether Washington ESD believes the attendance issues were willful misconduct or due to circumstances beyond his control.

Your brother should also know that if he gets disqualified for misconduct, there might be a waiting period before he can reapply. It's not necessarily permanent but there are consequences beyond just the immediate denial.

I was disqualified initially for 'voluntary quit' even though I was basically forced to resign due to a hostile work environment. Had to go through the whole appeal process and provide tons of documentation. Eventually won my case but it took almost 2 months. The key is being persistent and having good documentation of everything.

The misconduct thing is really subjective. I've seen people get approved when I thought they shouldn't have been, and others get denied when it seemed unfair. A lot depends on which adjudicator you get and how well you present your case.

Don't forget about the work search requirements once you're approved. You can get disqualified later if you don't meet those requirements. I know someone who lost their benefits because they weren't doing enough job search activities each week.

If your brother does get disqualified, make sure he understands the appeal process. You only have 30 days from the date of the determination to file an appeal. Don't wait until the last minute because the system can be slow.

One thing that helped me when I was dealing with Washington ESD was using Claimyr to actually get through to someone on the phone. I was trying to get clarification on my disqualification and couldn't reach anyone for weeks. Claimyr got me connected to a representative who was able to explain exactly what I needed to do for my appeal.

The whole system is designed to discourage people from applying. They make it as difficult as possible and hope you just give up. But if you're persistent and have a legitimate case, you can usually get through the process.

For attendance issues specifically, Washington ESD will look at whether you followed your employer's attendance policy, if you had valid reasons for absences, and whether you made efforts to correct the problem. Car trouble can be considered a valid reason if it's documented and you handled it appropriately.

Another thing to consider is whether his employer will contest the claim. Sometimes employers don't bother to respond to Washington ESD's requests for information, which can work in your favor. But if they do contest it, you'll need to be prepared to present your side of the story.

Bottom line - tell your brother to file his claim and be honest about the circumstances. Provide any documentation he has about the car troubles and his attempts to work with his employer. Even if he gets initially disqualified, he can appeal and often win if he has a good case.

I went through a similar situation last year and ended up using Claimyr to get through to Washington ESD when I needed to discuss my case. Worth checking out if your brother needs to talk to someone directly about his situation. The regular phone lines are impossible to get through on.