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.

That could qualify as 'good cause connected to work' for quitting. You'd need to document the harassment and show you tried to resolve it through proper channels first.

I did file complaints with HR but nothing was done. I have emails and witnesses. Should I mention this when I file my claim?

Definitely include that information and be prepared to provide documentation during the eligibility interview. Good cause is a valid exception to the voluntary quit disqualification.

How much can you earn before it affects your benefits? I'm thinking about taking a small gig job.

You can earn up to your weekly benefit amount minus $5 before they start reducing your benefits. But you MUST report all earnings even if it's just $10.

I'll definitely pass that along to him. Sounds like he's going to need all the help he can get navigating this process.

Yeah the appeal process can be really confusing if you don't understand how it works. Having someone explain your options can make a huge difference.

Is that still the case? I thought they expanded eligibility for gig workers during the pandemic.

The pandemic programs ended. Now gig workers have to qualify under regular UI rules, which means they need covered employment or to have paid into the system as self-employed.

That's insane. So you're supposed to stay in a bad situation just to qualify for unemployment?

Basically yes, you have to show you tried to resolve the issue before quitting. It's messed up but that's how they interpret the law.

I used that claimyr service someone mentioned earlier to talk to an adjudicator about a similar situation. Really helped to get a human explanation of the rules.

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

As long as you're able and available for some type of work, you might still qualify. But you have to be actively seeking work you can actually do.

I don't think that's entirely fair. Washington ESD has to follow federal and state laws. There are legitimate reasons for disqualifications to prevent fraud and ensure benefits go to eligible people.

maybe but they sure make it hard to navigate the process and understand your rights

I can see both sides. The rules exist for good reasons but they could definitely make the information clearer and easier to access.

Good point, I hadn't thought about that one. Are there any exceptions for people who had authorization when they worked but lost it?

It's complicated and depends on the specific circumstances. Usually you need current work authorization to be eligible for ongoing benefits.

How much less pay can a job offer before it's not considered 'suitable'? I'm worried about this if I get laid off.

Washington ESD considers your previous wages, skills, and local job market. Generally jobs paying significantly less than your base period wages may not be suitable initially.

The suitability criteria become less restrictive the longer you're unemployed. After several weeks, you may be expected to accept lower-paying work.

What if the strike ends but you don't get your job back?

Once the labor dispute ends, you may become eligible for benefits if you meet all other requirements. It depends on the specific circumstances.

How do they calculate if you've earned enough? Is there a minimum?

Washington ESD uses a formula based on your highest quarter earnings and total base period wages. You can check your monetary determination when you file.

The base period is usually the first four of the last five completed calendar quarters before you file. Sometimes they use an alternate base period if you don't qualify under the standard one.

Yes, many people successfully appeal disqualifications. You have 30 days from the determination date to file an appeal. Make sure you have documentation to support your case.

Thanks, that's encouraging. I think I have good documentation but I'm nervous about the hearing process.

If you need to talk to Washington ESD about your appeal options, that Claimyr service I mentioned earlier really helps with getting through to speak with someone who can explain the process.

Appeals can be worth it if you have a strong case. I won mine and got back pay for all the weeks I was disqualified. Don't give up if you think the decision was wrong.

That's good to know. So some disqualifications aren't forever?

Right, depends on the reason. Misconduct might be for a certain number of weeks, while fraud disqualifications are more serious and longer-lasting.

Exactly. Washington ESD will specify in your determination letter whether it's a duration disqualification, a disqualification until you meet certain conditions, or an indefinite disqualification.

Same here, thanks everyone for sharing your knowledge and experiences. The Washington ESD system makes a lot more sense now.

Glad this helped people! Knowledge is power when dealing with unemployment benefits. Good luck to everyone who might need to navigate this system.

Severance can delay when your benefits start, depending on how it's structured. It's not usually a permanent disqualification, just affects timing.

This is why I always recommend Claimyr when people are having trouble getting answers from ESD. Sometimes you just need to talk to a real person who can look at your specific case.

Wish I'd known about that earlier! Would have saved me so much stress.

This is such a hard situation. The job market is tough for older workers but you still have to prove you're actively looking.

No, the employer has to prove misconduct to disqualify you. If they just say 'we don't need you anymore' without showing misconduct, you should be eligible.

But make sure to tell your side of the story during the eligibility interview. Don't just assume they'll figure it out.

What about remote work? Does that help with transportation issues?

Yes, if you're looking for remote work that you can actually do from home, that should satisfy the availability requirement.

Thanks everyone! This really helped me understand what to watch out for. Definitely going to be extra careful with my job search documentation.

Good luck! And remember you can always appeal if you think a disqualification was wrong. You have rights in this process.

I feel you on this. The adjudication process seems designed to be as confusing and intimidating as possible.

RIGHT?? And good luck getting someone on the phone to explain anything. It's like they want you to give up.

Where do you find out about job fairs and stuff like that? WorkSource?

Yeah WorkSource has listings, also check your local library and community college. Many have career services.

What's the difference? I might be going on standby at my job soon.

Standby means you're temporarily laid off but expected to return. You don't have to do job searches but you have to be available when called back to work.

How long did your appeal take? I'm thinking about appealing but worried it will take months.

took about 6 weeks total but i used that claimyr thing to actually get through to talk to someone which sped things up

What about online classes? Does that matter?

Doesn't matter if it's online or in-person, it's about the credit hours and time commitment. There are some exceptions for approved training programs though.

So if you make an honest mistake that costs the company money, that wouldn't be misconduct?

Right, it has to show intent or gross negligence. One mistake, even a costly one, typically isn't enough for misconduct disqualification.

Is that for everyone or just first time filers?

It's for everyone starting a new benefit year, not just first-timers. It's like a deductible for unemployment insurance.

Thanks everyone, this has been really helpful. Sounds like the key is being super careful about following all the rules and keeping good records.

Exactly. And remember that even if you get disqualified initially, you often have options to appeal or resolve the issue if you can get the right information.

That makes sense. Can't really argue that stealing from your employer isn't misconduct.

What about if you're arrested but not convicted? Would that affect your claim?

Thanks, I'll tell him to go ahead and file. Sounds like it's worth trying even if he's not sure he'll qualify.

Absolutely. The worst they can do is say no, and then he can appeal if he disagrees with their decision.

I didn't know disqualifications could be temporary. That's actually kind of helpful to know.

Yeah the system is complicated but there are sometimes second chances built in. Just depends on the specific reason for disqualification.

Do they check this every time you file a weekly claim or just when you first apply?

Usually just during the initial application, but they can reverify if there are questions about your status later.

This has been really helpful everyone. I feel like I have a much better understanding of what he's facing now. Thanks for all the detailed responses!

Good luck to your brother. The unemployment system is tough but not impossible to navigate if you know what you're doing.

Good to know about the 30 day deadline. I'll make sure he's aware of that if it comes up.

And when he appeals, make sure to request a hearing if the first level appeal doesn't go his way. Sometimes you get a better result at the hearing level.

I keep seeing mentions of this service. Might be worth looking into if the regular channels don't work out.

Yeah I'm definitely going to tell my brother about it. Sounds like talking to an actual person is key for these complicated situations.

Thanks again everyone. This thread has been incredibly helpful for understanding the whole disqualification landscape.

Good thread. Always helpful when people share their experiences with the Washington ESD system. Makes it less intimidating for everyone else.