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

What exactly counts as 'misconduct' though? Is being late a few times considered misconduct?

Misconduct has to be willful or wanton disregard of employer's interests. Just being late occasionally usually isn't enough unless it's chronic and you were warned multiple times.

What counts as 'good cause' for quitting? My manager has been scheduling me way outside my availability.

Schedule changes can be good cause if they're substantial and you tried to work it out with your employer first. Document everything.

Thanks for breaking that down. What exactly counts as 'misconduct' though? He was just late a few times and they fired him.

Repeated tardiness can be considered misconduct if it violates company policy and you were warned about it. Washington ESD looks at whether the behavior was willful and substantial.

Wait, is it really 3 per week? I thought it was more than that.

It's 3 minimum but they recommend more. And you have to use WorkSourceWA for at least one of them each week.

What was your disqualification for? Was it something that could be appealed?

They said I quit without good cause but I had documented harassment issues. Once I got to talk to someone, they reversed it pretty quickly.

Yikes, that sounds scary. Is it easy to accidentally mess up the reporting requirements?

It's pretty straightforward if you read the instructions carefully. Just report ANY work or income during your weekly claims, even if it's just a few hours.

That's rough. The misconduct standard is supposed to be willful or negligent behavior that harms the employer's interests. Being late occasionally shouldn't qualify unless it was chronic and you ignored warnings.

yeah exactly, thats what I tried to tell them during the appeal process

What exactly counts as misconduct? My brother was fired for being late too many times, would that qualify as misconduct?

Chronic tardiness can be misconduct if he was warned about it and continued. Washington ESD looks at whether it was willful disregard of employer interests. If he had valid reasons or wasn't properly warned, he might still qualify.

How much can you earn before they cut off your benefits completely?

It's not a hard cutoff. They reduce your benefits based on earnings. But if you earn more than your weekly benefit amount plus $5, you won't get any payment that week.

That's interesting, I've never heard of that service. Did it actually work for getting through to Washington ESD?

Yeah, it connects you when an agent becomes available instead of sitting on hold. Check out claimyr.com if you need to talk to someone at Washington ESD about disqualification issues.

Sounds too good to be true but if it actually works that would be amazing. The phone system is impossible.

How long did your appeal take? I'm dealing with a misconduct disqualification right now and the waiting is killing me.

My appeal hearing took about 6 weeks to schedule. Make sure you have all your documentation ready - pay stubs, written warnings, emails, anything that supports your case.

Really? How does that work exactly? I've tried calling Washington ESD before and it's impossible to get through.

Yeah it basically calls the Washington ESD number over and over until it gets you connected to a real person. Saved me hours of trying to call myself.

Sounds too good to be true but if it actually works that would be amazing. The phone system is such a nightmare.

Never heard of that but honestly anything that helps get through to Washington ESD sounds worth trying. Their phone system is impossible.

Thanks for the tip! My brother will probably need to talk to someone about his situation so this could be helpful.

Really? What if you're taking online classes that don't interfere with work?

It depends on your schedule and availability. You have to be able and available for suitable work during normal business hours.

Suitable work depends on your skills, experience, wages, and how long you've been unemployed. Early in your claim, you can be more selective. Later on, you might have to accept lower wages.

Generally after 13 weeks you have to accept jobs paying at least 75% of your previous wage. But there are exceptions for health, safety, transportation issues, etc.

It depends on your company's written policies and whether you received progressive discipline. One write-up typically isn't enough for misconduct unless it was for something really serious.

Ok that makes me feel a little better. It was just for checking texts during work, nothing major.

Document everything though - keep copies of any write-ups or company policies. You'll need that if you have to appeal a disqualification.

What's considered 'suitable work'? Do they expect you to take any job even if it pays way less than your previous one?

Generally suitable work is in your field of experience at 80% of your previous wage for the first few weeks, then the requirements get looser over time.

I thought it was 75% not 80%? The Washington ESD website is confusing about this.

Wait what kind of contacts count? Like just applying online or do you have to call places?

Online applications count, but also networking contacts, job fairs, calling employers directly. Keep detailed records of everything.

How many jobs do you have to apply for each week? I keep hearing different numbers.

It's typically 3 job search activities per week, but it depends on your individual situation. Could be applying for jobs, attending job fairs, networking events, etc. Check your specific requirements in your eServices account.

Wow that's more comprehensive than I expected. What's the difference between 'not able' and 'not available' for work?

' Able means physically and mentally capable of 'working.' Available means'you re free to accept work and not imposing restrictions that limit your jobsearch.

I got disqualified for 'not available' because I said I could only work certain hours due to childcare. Had to appeal and explain my situation.

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

It can, depending on the circumstances. If it prevents you from accepting full-time work, Washington ESD might consider you not available. But there are sometimes exceptions for family medical leave situations.

What kind of penalties are we talking about? Just paying it back or worse?

You have to pay back the overpayment plus a 50% penalty, plus you're disqualified from future benefits for a certain period. It's serious.

That's so frustrating! The weekly claim questions are tricky and they don't give you much explanation about what each one means.

exactly and when i tried to call to fix it the phone system just hung up on me after an hour on hold

This is correct. You must be authorized to work in the US and have earned wages in covered employment.

What counts as a valid job search activity? Just applying for jobs?

Applications, networking contacts, job fairs, interviews, creating/updating profiles on job sites. They want documented efforts to find work.

I use WorkSourceWA to track mine since it integrates with Washington ESD. Makes it easier to have everything documented in one place.

That's exactly why I ended up using Claimyr - the regular phone system was impossible. Really helped me get my disqualification questions resolved quickly.

I might have to try that if I can't get through soon. This waiting game is killing me.

What format do they want exactly? I want to make sure I'm doing it right.

You need to log employer name, contact info, position applied for, date, and method of contact. Keep detailed records!

What if you have a medical marijuana card? Does that make a difference?

That's a gray area. Depends on your employer's policy and whether marijuana use affected your job performance. Best to check with Washington ESD directly.

He's been working for two years steady so I think he should be okay on that front. Good point though, I didn't even think about wage requirements.

Yeah the monetary eligibility is the first hurdle. If you don't have enough wages in your base period, none of the other stuff matters because you won't qualify anyway.

What makes work 'suitable' though? Can they force you to take any job?

They consider your previous wages, skills, experience, and how long you've been unemployed. Generally in the first few weeks you can be more selective, but as time goes on they expect you to consider lower-paying work.

Poor performance alone usually isn't misconduct unless you weren't following instructions or making an effort. Misconduct requires willful or negligent behavior that violates employer expectations.

That's reassuring. I was definitely trying, just struggling with the role. Hope Washington ESD sees it that way if I need to file.

Keep any documentation showing you were trying to improve - training records, emails asking for help, performance improvement plans you participated in.

That's awful but unfortunately not surprising. The system seems designed to deny first and ask questions later.

Did you end up winning your appeal? I'm in a similar situation and could use some hope.

Is that service actually legit? Sounds too good to be true.

Yeah it's real. They just help you get through to ESD faster. Saved me hours of trying to call myself.

Good point. Also if you're getting severance pay, that can sometimes delay when your benefits start even if you're not technically disqualified.

Severance is so confusing. My company gave me 4 weeks severance and Washington ESD made me wait those 4 weeks before I could start collecting.

Wait, so everyone has to wait a week before getting paid? Even if you're eligible?

Exactly. It's called a waiting week. You still have to file that first week but you won't get paid for it.