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

What counts as 'suitable work'? Like do I have to take any job or can I be picky about the type of work?

Generally after the first few weeks you need to consider work that pays at least 80% of your previous wage and matches your skills. As time goes on the requirements get less strict.

What counts as 'misconduct' exactly? My friend said she was fired for being late a few times but thinks that shouldn't disqualify her.

Misconduct has to be willful or wanton disregard of employer's interests. Simple tardiness might not qualify unless it was repeated after warnings and showed deliberate disregard for work rules.

Wait, is it 3 activities or 3 applications? I thought I just had to apply to 3 jobs each week.

It's 3 job search activities, which can include applications, networking, interviews, job fairs, etc. Not just applications.

How much does something like that cost? I'm already broke waiting for my benefits.

I'd rather not get into pricing details but it was worth it for me to get clarity on my situation instead of worrying for weeks.

What exactly counts as 'good cause' for quitting? I left my last job because my boss was creating a hostile work environment but I'm worried they won't believe me.

Good cause includes things like harassment, unsafe working conditions, significant changes to your job duties or pay, or personal circumstances like domestic violence. You'll need to provide documentation if possible - emails, witness statements, medical records, etc.

How did you prove that? Did you need documentation?

Yeah I had to get witness statements from coworkers and show emails where my supervisor was being unreasonable. It was a lot of work but worth it.

What if you forget to report something small? Like a $50 cash job?

It's better to report it late than not at all. You can contact ESD to correct a previous weekly claim. Intentional fraud is what gets you in real trouble.

This is so stressful. I did some gig work last month and now I'm paranoid I messed up my claim somehow.

What about if you're taking care of a sick family member? Does that count as not being available?

That's a gray area that depends on the specific circumstances. You might qualify for family care leave provisions or it might affect your availability determination.

How do you know what your base period is? Is it just the last year you worked?

It's the first four of the last five completed calendar quarters before you file. So if you file in January 2025, your base period would be January 2024 through December 2024.

That's confusing. Why don't they just use the last year of work?

Never heard of that service before. Did it actually help you get your benefits approved?

Yes! Once I could actually talk to an ESD agent they were able to see that my attendance issues weren't willful misconduct. The whole thing got resolved in like a week after that.

How much does something like that cost though? I'm already broke from being unemployed.

Wait, is it 3 contacts per week or 3 per benefit week? I've been doing 3 total since I filed and now I'm panicking.

It's 3 per week that you're claiming benefits. So if you're filing weekly, that's 3 each week. You should probably catch up on your job search log ASAP and document everything you can remember.

That's crazy! How did you prove it wasn't misconduct serious enough to disqualify you?

I showed that the company policy said tardiness required written warnings before termination, and I never got any warnings. Also proved other employees had similar issues without being fired.

What if the job is way below your skill level? Do you have to take anything they offer?

There are protections for the first few weeks where you can refuse jobs significantly below your skill level, but those protections decrease over time.

What documents do they need to verify work authorization?

Usually your Social Security number is enough for verification, but they might ask for additional documentation in some cases.

Is that legitimate? Sounds too good to be true with how impossible it is to reach anyone at Washington ESD.

Yeah it's real, you can check it out at claimyr.com. I was skeptical too but it actually worked. They don't ask for your personal info or anything sketchy.

While the system can be frustrating, most denials do have legitimate policy reasons behind them. The key is understanding the rules and documenting everything properly.

Easy for you to say. When you're desperate for money and they deny you over technicalities it feels pretty unfair.

How long did the appeal process take? I'm worried about being without income for months.

Mine took about 6 weeks total, but it varies. You can sometimes get benefits during the appeal if you qualify for certain provisions.

Six weeks?? That's insane. How are people supposed to survive that long without income?

No, just getting a warning isn't misconduct. They'd need to show you willfully violated policies after being warned.

Good to know, thanks!

Do I have to report every little odd job? Like if I make $50 helping someone move?

Yes, you have to report ALL work and earnings, even one-time gigs. It's better to over-report than under-report because not reporting work is considered fraud.

This is so confusing. I made $200 last week from freelance work but my weekly benefit is $185. Does that mean I get nothing?

No, you'd get a reduced amount. They subtract your earnings from your weekly benefit. So you'd get $185 minus $200 = -$15, which means $0 for that week. But you wouldn't be disqualified permanently.

What if I'm taking one online class? I can still work full time around it.

One class is usually fine as long as you can prove you're still available for full-time work. Just be honest about it when you file your weekly claim.

How do they even know if you refuse a job? Do employers report back to them?

Sometimes yes, especially if you were referred through WorkSource. Also, if you apply somewhere and they offer you the job, you're supposed to take it unless you have good cause to refuse.

Is this permanent or just for a certain period after conviction?

It depends on the type of conviction and how recent it was. Work-related felonies are treated more seriously than unrelated ones.

Did you have to give them your personal information or SSN?

No, they just help you get through the phone system. You still talk directly to the ESD agent yourself.

Do the job contacts have to be actual applications or can they be things like networking events?

Applications count for sure. Networking events might count depending on the specifics. Check the WorkSourceWA website for the full list of what qualifies.

I made the mistake of not keeping good records my first time filing. Had to scramble to recreate my job search log when they audited me.

Standby is tricky. If your employer gave you a definite return date, you might not need to job search. But if it's indefinite, you're supposed to be looking for other work.

They said 'probably sometime in the next few months' which sounds pretty indefinite. I better start job searching immediately.

What about medical marijuana? I have a prescription but failed a pre-employment drug test.

That's a gray area. Medical marijuana is legal in Washington but employers can still refuse to hire you for it. You might want to appeal if you get disqualified.

That would likely be considered misconduct since drug use typically violates workplace policies. However, there might be exceptions for medical marijuana in some cases.

That's what I figured. Asking for a friend who's worried about it.

That doesn't sound right. There are protections against having to take jobs that pay significantly less than your previous wage, at least early in your claim.

Maybe she didn't appeal it properly? This was like 2 years ago so I don't remember all the details.

This is exactly the kind of situation where being able to actually talk to an ESD agent helps. A lot of initial determinations get overturned when you can explain the full situation.

What's a reemployment plan? Nobody mentioned that when I applied.

Not everyone gets one, but if you're selected for reemployment services, you have to participate or risk disqualification.

What happens if you forget to report some small cash job you did?

They can consider that fraud if they find out, which could disqualify you and make you pay back benefits. Always better to be honest upfront.

What about if you have a felony but you're not incarcerated? Does that automatically disqualify you?

No, having a criminal record doesn't automatically disqualify you from unemployment benefits. The disqualification is specifically for being incarcerated or not work-authorized.

That's terrifying. What if it was an honest mistake?

They're supposed to consider intent, but it's still a huge hassle to fight it. Better to be overly cautious about reporting everything.

This is why I'm scared to even apply. What if I mess something up by accident?

Did you have to reapply completely or just appeal the disqualification?

I had to appeal and provide proof of residency and availability for work in Washington. It was a mess but eventually got sorted out.

Is Social Security considered a pension for this purpose?

Social Security retirement benefits don't offset unemployment in Washington, but employer-provided pensions do. It's based on work you did for that specific employer.

What if I was self-employed but also had a W-2 job? Can I claim based on the W-2 income?

Yes, if you worked as an employee and paid unemployment taxes on that income, you can potentially claim benefits based on that work. The self-employment income might affect your weekly benefit amount though.

I was missing work because of anxiety attacks but didn't have FMLA paperwork. Would that count as misconduct?

Mental health issues are medical conditions. If you can document that you were having anxiety attacks and your employer didn't accommodate you, that might not be misconduct. You'd want to appeal if you get disqualified.

How much does that cost? I'm already struggling financially.

It's worth checking out their site at claimyr.com for pricing. For me, the cost was way less than what I would have lost by not understanding the rules correctly.

What if you made an honest mistake? Like you forgot to report some income?

Honest mistakes usually aren't considered fraud, but you still have to pay back any overpayment. The key is to report it as soon as you realize the error.

What about other than honorable discharge? Is that the same as dishonorable?

Other than honorable is different from dishonorable. It might not automatically disqualify you, but it could make the eligibility determination more complicated. You'd probably need to provide military records.

Is there any point in appealing if you know you technically violated the rules?

Sometimes yes, especially if there were extenuating circumstances or if the penalty seems disproportionate to what you did. The worst they can do is uphold the original decision.

Agreed. I waited too long to get clarification and ended up with a mess that took months to sort out.

Thanks everyone, this has been really helpful. I feel much more confident about understanding what I need to avoid now.

What if you have to take care of a sick family member? Does that count as not being available?

It depends on the situation. Short-term family emergencies usually don't disqualify you, but extended caregiving responsibilities might.

Document everything for your hearing! Emails, witness statements, any evidence of the hostile environment.

Yeah I'm gathering all that stuff now. Wish I had kept better records while it was happening.

The appeal hearing is your chance to tell your full story. Don't let them intimidate you - stick to the facts and you'll be fine.

That's not accurate. While some complex cases do get initially denied and later approved on appeal, most straightforward claims are approved initially.

Maybe I just hear about the problem cases more. Still seems like the system makes it harder than it needs to be.

Is there an online version of that handbook somewhere?

Yes, it's on the Washington ESD website under the claimant resources section.

Yeah that's the same service I used! Really helpful when you need to actually discuss your specific situation with someone who knows the rules.

Interesting, might have to check that out if my appeal doesn't go well.

Generally you can't collect UI while enrolled in school full-time unless you're in an approved training program or meet other specific exceptions.

Good thing I'm only taking one class then. Thanks for the info!

Reduced hours can definitely qualify you for partial unemployment benefits. You just need to report your earnings each week and they'll calculate your benefit amount accordingly.

That's a relief. I was worried I'd have to choose between keeping my part-time hours or filing for unemployment.

How long do you have to appeal?

30 days from the date on the determination letter. Don't wait - appeal as soon as you can if you disagree with the decision.

And you can usually continue filing weekly claims during the appeal process, which is important for getting back benefits if you win.

Same here! I was really confused about all this before but now I understand the main things that can trip you up.

Glad we could help. The key is just being honest, following the rules, and documenting everything. Most people who do that don't have major issues.

What if you can work but have restrictions? Like you can't lift heavy things?

As long as you can do some type of work and are actively seeking suitable employment, restrictions don't automatically disqualify you.

This has been really helpful. I feel like I have a better understanding now of what to avoid.

Same here. I was worried about nothing apparently. My situation should qualify fine.

How do you start an appeal? Is there a time limit?

You have 30 days from the date of the determination letter to file an appeal. There's a form you can submit online or by mail.