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Emily Sanjay

What happens if employer denies unemployment - Washington ESD process help

My former employer is fighting my unemployment claim with Washington ESD and I'm really confused about what comes next. I was let go from my retail job last month for what they called 'performance issues' but I think it was really because I complained about safety violations. Now they're saying I was fired for misconduct and shouldn't get benefits. My claim is in adjudication and I haven't received any payments yet. Can someone explain what happens when an employer contests your claim? Will I automatically be denied or does Washington ESD investigate? I really need these benefits to survive while job searching.

When an employer contests your unemployment claim, Washington ESD has to investigate both sides before making a decision. They'll usually send you a fact-finding questionnaire asking for your version of events. Make sure you respond within the deadline and provide as much detail as possible about why you were terminated. The adjudicator will review your response, your employer's response, and any supporting documentation before making a determination.

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Thank you! I did get a fact-finding form but I was worried about filling it out wrong. Should I mention the safety complaints I made?

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Absolutely mention the safety complaints! If you were fired in retaliation for reporting safety violations, that could work in your favor. Document everything with dates and details.

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same thing happened to me earlier this year, my employer said i was fired for attendance but i had medical documentation for all my absences. took about 6 weeks for washington esd to make a decision but they approved my claim

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6 weeks?? That's so long to wait without any income. How did you manage financially during that time?

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it was rough, had to borrow money from family. but when they approved it i got all the back pay for those weeks i was waiting

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The key thing to understand is that even if your employer contests the claim, you're not automatically denied. Washington ESD makes the final decision based on state law, not what your employer wants. They look at whether you were fired for misconduct connected to your work, and misconduct has a specific legal definition. Performance issues usually don't qualify as misconduct unless they show willful disregard of your job duties.

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That's reassuring to hear. My supervisor never gave me written warnings about my performance, just verbal complaints that seemed unfair.

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Lack of written warnings definitely helps your case! Employers are supposed to give you a chance to improve before termination.

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I struggled with reaching Washington ESD during my adjudication process - kept getting busy signals and dropped calls when trying to check on my claim status. Finally discovered Claimyr (claimyr.com) which helped me get through to an actual agent. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Made such a difference being able to talk to someone who could explain exactly where my claim stood in the process.

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How does that service work? I've been trying to call Washington ESD for weeks with no luck.

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It basically helps you navigate the phone system and get connected to an agent without sitting on hold forever. Worth checking out if you need to speak with someone about your adjudication.

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UGH this is exactly what happened to me! My employer contested my claim saying I was fired for 'insubordination' when really I just questioned a policy change. The whole system is set up to favor employers and make it as hard as possible for workers to get benefits they've earned!!!

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Were you eventually approved? I'm so stressed about this whole process.

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Yeah I was approved after like 2 months of fighting it. Just make sure you document EVERYTHING and don't let them intimidate you.

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Two months is insane! How are people supposed to survive that long without income?

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Here's what typically happens in the adjudication process: 1) Washington ESD receives the employer's protest, 2) They send fact-finding forms to both parties, 3) An adjudicator reviews all information and makes a determination, 4) You receive a written decision explaining the outcome. If you're denied, you have the right to appeal within 30 days. The appeal goes to an Administrative Law Judge who conducts a hearing.

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What happens if I win the appeal after being initially denied? Do I get back pay for all the weeks I was waiting?

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Yes, if you win on appeal, you're entitled to benefits for all eligible weeks back to when you first filed your claim, assuming you continued filing weekly claims during the appeal process.

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just went through this myself last month. employer said i quit but i was actually laid off due to budget cuts. washington esd sided with me after i provided email evidence of the layoff notice. definitely keep any documentation you have

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Good point about documentation. I have some text messages from my supervisor but not much else. Is that enough?

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text messages can definitely help! screenshot them and include them with your fact finding response

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The burden of proof is actually on the employer to show that you committed misconduct serious enough to disqualify you from benefits. They can't just claim poor performance - they have to demonstrate willful or wanton disregard of your job duties. Safety complaints you made would actually support your case that you were acting responsibly.

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That makes me feel more confident. My employer never documented any performance issues in my personnel file.

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Exactly! Lack of progressive discipline usually indicates the termination wasn't for misconduct as defined by unemployment law.

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This whole process is so stressful!! I'm going through something similar where my employer is claiming I was fired for violating company policy but the policy was never clearly communicated. How long does adjudication usually take? I'm behind on rent already.

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Adjudication typically takes 3-6 weeks but can be longer if it's a complex case. Make sure you're still filing your weekly claims even while waiting for the determination.

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Yes I'm still filing weekly claims. Just hoping this gets resolved soon!

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Been there done that - my old manager tried to block my unemployment by claiming I was always late to work when I had a medical condition that affected my schedule. Had to get documentation from my doctor to prove the tardiness was related to my disability. Washington ESD approved my claim once they saw the medical records.

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Did you have to get a lawyer involved or were you able to handle it yourself?

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Handled it myself. As long as you respond to all their requests and provide documentation, you should be fine. The adjudicators are pretty fair in my experience.

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One important thing to remember is that you should continue filing your weekly claims throughout the adjudication process, even if you're not receiving payments yet. If you're eventually approved, you'll get back pay for all those weeks. But if you stop filing weekly claims, you could lose eligibility for those weeks even if you win.

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Good to know! I was wondering if I should keep filing since I'm not getting paid anyway.

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Yeah definitely keep filing! I made that mistake once and lost out on 3 weeks of benefits even after winning my appeal.

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honestly the whole system is a joke. employers can just make up whatever reason they want and you have to prove them wrong. meanwhile you're struggling to pay bills while they investigate for months

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It does feel unfair that the burden falls on us when we're already dealing with losing our jobs.

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I understand the frustration, but the system does provide due process for both sides. Many contested claims are actually approved once Washington ESD reviews the facts.

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If you need to check on your claim status during adjudication, I'd definitely recommend trying Claimyr again. When I was going through my contested claim situation, I used their service multiple times to get updates from Washington ESD agents. Much better than the endless phone loops and busy signals.

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How much does that cost? I'm already strapped for cash waiting for my claim to be resolved.

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It's worth checking out their website for current details. For me, getting actual information about my claim status was worth it during such a stressful time.

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My advice is to treat the fact-finding questionnaire like you're writing a legal document. Be detailed, stick to facts, and include dates wherever possible. Don't get emotional or badmouth your employer - just present the facts clearly. I won my contested claim by being very thorough in my response.

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That's great advice. I'll make sure to be professional and factual when I submit my response.

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Exactly! And if you have any witnesses to the events that led to your termination, mention them in your response. They might contact them for additional information.

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remember that even if you get denied initially, you can always appeal! the appeals process gives you a chance to present your case to an administrative law judge who wasn't involved in the original decision

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How long does the appeals process take if it comes to that?

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appeals usually take 6-8 weeks to get scheduled for a hearing, then another few weeks for the judge's decision

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Going through this exact situation right now! My employer is claiming I was fired for poor performance but I have emails showing they were actually eliminating my position due to budget cuts. It's so frustrating that they're trying to block my unemployment when they know the real reason I was let go.

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Ugh that's terrible! At least you have the emails as proof. I hope your case gets resolved quickly.

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Thanks! Documentation is definitely key. I'm feeling more confident after reading everyone's experiences here.

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One more tip - if your employer provided specific reasons for your termination in their protest, make sure to address each point directly in your fact-finding response. Don't leave anything unanswered because the adjudicator will notice if you don't respond to their specific allegations.

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That's really helpful! I'll make sure to go through their claims point by point when I respond.

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Exactly! And if they made false claims, don't hesitate to call them out with evidence. The adjudicator needs to know when employers are being dishonest.

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Just want to add that retaliation for reporting safety violations is actually illegal under state law. If that's what happened in your case, you might want to mention that in your response and consider filing a complaint with L&I as well.

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I didn't know about L&I complaints. Is that separate from the unemployment claim?

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Yes, L&I handles workplace safety complaints separately from Washington ESD unemployment claims. But having a safety complaint on file could support your unemployment case.

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Final thought - don't stress too much about the process. I know it's easier said than done when you're waiting for benefits, but most people who were legitimately laid off or fired without misconduct do eventually get approved. The system isn't perfect but it generally works. And if you need help reaching Washington ESD during the process, services like Claimyr can be a real lifesaver for getting through to actual people who can help.

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Thank you everyone for all the advice and support! I feel much more prepared to handle this situation now.

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Good luck with your claim! Keep us updated on how it goes.

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I went through a similar contested claim situation last year when my employer claimed I was fired for "violating company policy" but really they were just downsizing and didn't want to pay unemployment. The adjudication process was nerve-wracking but I kept detailed records of everything - all my emails, performance reviews, witness statements from coworkers who saw what really happened. Washington ESD ultimately approved my claim after about 5 weeks of investigation. The key is being thorough and honest in your fact-finding response. Don't let them intimidate you - if you were truly terminated unfairly, the evidence will speak for itself. Stay strong and document everything!

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