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Sofia Ramirez

What disqualifies you from unemployment in Washington - need to understand my options

I'm worried I might get disqualified from unemployment and want to understand what could cause this before I file my claim. I left my last job because my manager was creating a hostile work environment, but I'm not sure if Washington ESD will consider that 'good cause' or if they'll say I quit voluntarily. I've heard there are different reasons you can get disqualified but I can't find a clear list anywhere. Can someone explain what disqualifies you from unemployment benefits in Washington state?

There are several main categories that can disqualify you from Washington ESD benefits. Quitting without good cause is one of them, but hostile work environment can actually qualify as good cause if you can document it. You'll also be disqualified if you were fired for misconduct, refuse suitable work, or don't meet the job search requirements.

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What counts as documentation for hostile work environment? I have some emails but not sure if that's enough.

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Emails are good, also any HR complaints you filed, witness statements from coworkers, or medical records if it affected your health. The key is showing you tried to resolve it first.

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The main disqualifications I know of are: quitting without good cause, being fired for misconduct, refusing work without good reason, not being able and available to work, not meeting work search requirements, and fraud. There's also stuff like being on strike or not being authorized to work in the US.

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Don't forget about the earnings disqualification - if you make too much money in a week you won't get benefits for that week.

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Good point, that's a weekly disqualification though, not a permanent one like misconduct.

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I got disqualified once because I couldn't reach anyone at Washington ESD to clarify something about my claim. Spent weeks calling and getting disconnected. Finally found this service called Claimyr that actually got me through to an agent in like 20 minutes. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me from losing my benefits entirely.

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

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It's worth checking out their site for details, but honestly when you're facing disqualification it's a small price to pay to actually talk to someone who can help fix it.

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Never heard of this but might be worth it if regular calling isn't working. The Washington ESD phone system is absolutely terrible.

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Be really careful about the job search requirements. You have to make 3 job contacts per week and keep detailed records. If they audit you and you can't prove you did the searches, you'll get disqualified. I know someone who got caught because they were just applying to jobs they weren't qualified for to meet the requirement.

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What kind of records do they want? Just a list of where I applied?

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Company name, date, contact person, how you applied, what happened. Keep everything - emails, applications, even rejection letters.

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The misconduct thing is tricky. It has to be willful misconduct connected to your work. Being late a few times usually won't disqualify you, but stealing or fighting with customers definitely will. They look at whether you knew the rule and deliberately broke it.

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What about attendance issues? I had some health problems that caused me to miss work.

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If it was due to health issues that's different. Misconduct has to be deliberate and work-related. Medical absences usually don't count as misconduct.

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Exactly right. They have to prove you willfully violated a known rule or policy. Health issues, family emergencies, transportation problems - those aren't misconduct.

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ugh the whole system is set up to deny people benefits. they'll find ANY reason to disqualify you. i got denied because apparently i didn't look hard enough for work even though there were literally no jobs in my field available

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Did you appeal the decision? Sometimes they get it wrong and the appeal judge will overturn it.

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yeah i'm still waiting on the appeal hearing. been 2 months now

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So if I can prove the hostile work environment was affecting my ability to do my job, would that count as good cause for quitting?

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Yes, if you can show you tried to resolve it through proper channels first and it was severe enough that a reasonable person would quit. Document everything and be prepared to explain what steps you took.

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Just make sure you have really good documentation. I thought I had a good case but they still denied me initially. Had to go through the whole appeal process.

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Another big one is if you're not physically able to work or not available for work. Like if you're in school full-time, caring for a family member, or have restrictions that prevent you from taking most jobs. You have to be ready, willing, and able to work.

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What if you have some restrictions but can still work? Like you can't lift heavy things but can do office work?

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That's usually okay as long as there are jobs available in your area that fit your restrictions. The key is being available for suitable work.

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I'm confused about the earnings thing. How much can you earn before you get disqualified?

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It's not really a disqualification, more like a reduction. If you earn more than your weekly benefit amount plus $5, you don't get benefits that week. But you can earn some money and still get partial benefits.

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Right, and you have to report ALL earnings, even cash jobs or gig work. If they find out you didn't report income, that's fraud and you'll be disqualified permanently.

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What about if you get fired during your probationary period? Is that automatic disqualification?

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Not necessarily. Being fired during probation isn't automatically misconduct. They still have to show you did something wrong, not just that you weren't a good fit for the job.

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Exactly. Lack of skill or ability isn't misconduct. It has to be willful violation of rules or policies.

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The job search thing trips up a lot of people. You can't just apply to anything - it has to be 'suitable work' based on your skills and experience. But as time goes on, they expect you to expand your search to lower-paying or different types of jobs.

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How do they define 'suitable work'? What if I was making $25/hour and the only jobs available are minimum wage?

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Initially you don't have to take jobs paying less than 80% of your previous wage. But after 5 weeks, any job paying at least minimum wage could be considered suitable.

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I keep seeing people get denied for stupid reasons and then have to fight it. Seems like Washington ESD just denies first and asks questions later. Anyone know the best way to actually get through to them when you need to appeal?

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Like I mentioned earlier, I had good luck with Claimyr when I couldn't reach anyone the normal way. Sometimes you just need to actually talk to a human instead of getting stuck in the phone system.

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I've been trying to call for weeks about my appeal. Maybe I should look into that service too.

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Don't forget about drug testing. If you fail a pre-employment drug test or refuse to take one, that can disqualify you from benefits. Same with background checks for certain jobs.

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That's true, but it only applies if it's a legitimate requirement for the specific job. They can't just randomly drug test you for any position.

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what if you quit because of covid concerns? i left my restaurant job because they weren't following safety protocols

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COVID-related safety concerns can be good cause for quitting if your employer wasn't following required safety protocols. You'd need to document the unsafe conditions and show you tried to address it with management first.

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i did report it to the health department but my boss didn't care. hope that's enough documentation

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The hardest part is proving your case when they deny you. I had all my documentation ready but still got denied initially. The whole process is designed to discourage people from fighting it.

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That's why appeals are so important. The initial determination is often wrong. Don't give up after the first denial.

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easier said than done when you're broke and can't even get through to anyone to explain your situation

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I successfully appealed a misconduct disqualification last year. Key was having witnesses and documentation. The phone hearing took about 45 minutes but it was worth it to get my benefits restored.

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How long did the whole appeal process take from start to finish?

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About 6 weeks total. Filed the appeal within 30 days, got scheduled for a hearing about 4 weeks later, then got the decision a week after that.

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Bottom line - don't assume you're automatically disqualified. Washington ESD makes mistakes all the time. If you think you have a valid claim, file it and appeal if necessary. Just make sure you understand the requirements and document everything.

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

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Good luck! Remember to keep detailed records of everything, including your job search activities.

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And don't be afraid to use services like Claimyr if you can't get through the regular phone system. Sometimes you need professional help navigating the bureaucracy.

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