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Oliver Zimmermann

What happens during Washington ESD unemployment appeal hearing - need to know what to expect

My disqualification appeal hearing is scheduled for next week and I'm freaking out a bit. Washington ESD denied my claim saying I quit without good cause but I actually had to leave because of unsafe working conditions. I've never been to one of these hearings before and don't know what to expect. Is it like a court? Do I need a lawyer? How formal is it? I have some documentation about the safety issues but not sure how to present it. Anyone been through this process?

I went through an appeal hearing last year. It's not as scary as you think! The administrative law judge will explain the process at the beginning. You'll get to tell your side of the story, and your former employer (if they show up) gets to present theirs. Make sure you have all your documentation organized - safety reports, emails, witness statements if you have them.

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Thank you! Did your employer show up to the hearing? I'm wondering if mine will even bother.

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In my case they did, but I've heard sometimes they don't. Either way, you still need to prove your case with evidence.

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The hearing is conducted by phone usually, not in person. You'll get a call at the scheduled time. The judge will swear you in and then ask questions about why you left your job. Since you're claiming unsafe conditions, you'll need to show that you tried to get the employer to fix the problem first and that leaving was your only reasonable option.

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I did report the safety issues to my supervisor twice but nothing was done. I have emails about it.

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Perfect! Those emails will be crucial evidence. Make sure you have copies ready to reference during the hearing.

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Ugh I had to deal with this whole mess too. Washington ESD makes it so hard to get through to anyone to even understand the process. I spent hours on hold trying to get basic information about my hearing. Finally found this service called Claimyr (claimyr.com) that helped me actually reach an agent who explained what documents I needed. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that service before. Does it actually work?

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Yeah it worked for me. Got through to Washington ESD in like 10 minutes instead of calling for hours.

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I might try that if I need to talk to someone after my hearing. Thanks for the tip!

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The whole process usually takes about 30-45 minutes. The judge will ask you specific questions about the timeline of events, what you did to address the safety concerns, and why you felt you had no choice but to quit. Be prepared to answer questions about whether you looked for other solutions first.

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I did look into transferring to another department but was told there were no openings. Should I mention that?

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Absolutely! That shows you tried other options before quitting. Document everything you can remember about those efforts.

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whatever you do dont let them intimidate you!! these hearings are rigged against workers. I lost mine even though I had good cause and now I owe them money back. the whole system is a joke

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I understand your frustration, but that's not helpful advice. The hearings are actually pretty fair if you come prepared with evidence.

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easy for you to say if you won yours. some of us get screwed over no matter what

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Make sure you understand the specific law you're appealing under. For unsafe working conditions, Washington has specific criteria that need to be met. You need to show the conditions were genuinely hazardous and that you took reasonable steps to get them corrected before leaving.

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Do you know where I can find information about those specific criteria?

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Check the Washington Administrative Code (WAC) 192-150-120. It outlines what constitutes good cause for leaving employment.

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I'm going through the same thing right now! My hearing is in two weeks. This thread is really helpful. I'm nervous about what questions they'll ask.

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What's your situation if you don't mind me asking?

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Similar to yours actually - workplace safety issues that weren't being addressed. Hopefully we both get good outcomes!

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Key thing is to stick to the facts and don't get emotional even if the employer says things that aren't true. The judge wants to hear objective information about what happened, when it happened, and what you did about it. Write down a timeline beforehand so you don't forget important details.

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That's really good advice about writing down a timeline. I'll do that this weekend.

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Yes, having a written timeline helps you stay organized and makes sure you don't miss anything important.

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Also remember you can submit documents in advance if you want. Sometimes it's easier than trying to read them over the phone during the hearing. You can fax or email them to the appeals office.

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I didn't know I could submit documents early. That might be better than scrambling during the call.

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Yeah, just make sure you get confirmation they received them and bring copies to reference during the hearing.

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been there done that. won my appeal but it took forever to get the decision. then washington esd took even longer to actually start paying benefits. whole thing was like 4 months total

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4 months?! I hope it doesn't take that long for me. I'm already behind on bills.

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yeah it was rough. but if you win you do get backpay for the whole period so at least there's that

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One thing I wish I had known - if you have witnesses who can testify about the unsafe conditions, they can participate in the hearing too. Coworkers who saw the same problems can be really helpful for your case.

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I do have a coworker who complained about the same safety issues. How would I get them involved?

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Contact the appeals office and let them know you have a witness. They'll tell you how to arrange for them to join the call.

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Just be honest and direct in your answers. Don't try to oversell your case or exaggerate. The judges hear these cases all day and can usually tell when someone is being truthful versus trying to manipulate the situation.

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This is solid advice. Honesty goes a long way in these hearings.

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Thanks, I definitely plan to just tell the truth about what happened.

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After the hearing you'll get a written decision in the mail usually within 2-3 weeks. If you win, Washington ESD will start processing your benefits. If you lose, you can appeal to the Board of Industrial Insurance Appeals but that's another whole process.

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Hopefully it won't come to that. I feel pretty good about my case after reading all this advice.

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Sounds like you have good documentation which is the most important thing. Good luck!

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I used Claimyr to get through to Washington ESD when I had questions about my hearing paperwork. It's been a lifesaver for actually reaching someone who can help instead of being on hold forever. Worth checking out if you need to talk to them about anything else.

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How much does something like that cost?

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They focus on the service value rather than cost. For me it was worth it to actually get answers instead of wasting hours on hold.

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Don't forget to ask about mileage reimbursement if you had to travel for the hearing - oh wait, most of them are by phone now so that doesn't apply. But if yours is in person you can get reimbursed for travel expenses.

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Mine is by phone so no travel needed, but good to know for others who might have in-person hearings.

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The most important thing is proving you had good cause to quit. For unsafe working conditions you need to show: 1) the conditions were genuinely dangerous 2) you reported them to management 3) nothing was done to fix them 4) you had no reasonable alternative but to leave. Document everything!

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This is a great checklist. I think I can prove all four of those points with my documentation.

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That's exactly what won my case - having documentation for each of those points.

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UPDATE: I won my appeal! The judge was very fair and professional. Having all my documentation organized made a huge difference. The employer didn't even show up which probably helped. Thanks everyone for the advice - it really helped me prepare!

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Wait, are you the OP? I'm confused - my hearing is next week still.

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Sorry, no I'm someone else who had a similar situation. Just wanted to share my good outcome to give you hope!

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That's encouraging! Hope my hearing goes as well as yours did.

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Another tip - practice explaining your situation out loud beforehand. When you're nervous it's easy to ramble or forget important details. Having practiced your story helps you stay focused during the actual hearing.

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Good idea! I'll practice with my spouse this weekend.

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Yes! I did mock interviews with my friend and it really helped me stay calm during the real thing.

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Last thing - make sure you're in a quiet place for the phone hearing with good reception. Nothing worse than technical difficulties during something this important. Test your phone beforehand and have a backup plan.

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Definitely will make sure I'm somewhere with good cell service. Thanks for thinking of that detail!

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If anyone else needs help reaching Washington ESD for questions about their appeals, I had success with Claimyr recently. Sometimes you just need to talk to an actual person to understand the process better. Their website is claimyr.com and they have a demo video that explains how it works.

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I'll keep that in mind if I need to contact them after my hearing. Appreciate all the helpful resources people have shared here!

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