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Malik Robinson

What happens if you are disqualified for unemployment - Washington ESD process explained

Just received a disqualification notice from Washington ESD and I'm honestly panicking. I got fired from my retail job last month for what they called 'misconduct' but I feel like it was totally unfair - I was just defending myself when a customer was being abusive. Now Washington ESD is saying I'm disqualified from receiving unemployment benefits. What exactly does this mean? Do I lose all my benefits permanently? Can I still file weekly claims? I really need this money to pay rent and I don't understand what my options are now.

A disqualification doesn't necessarily mean you lose everything permanently. There are different types of disqualifications from Washington ESD. Some are temporary (like for voluntary quit or misconduct) and some are more serious. You can definitely appeal the decision within 30 days of receiving the notice. The appeal process lets you present your side of the story.

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Thank you! I was so scared I'd lose everything. Do I keep filing weekly claims while the appeal is pending?

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Yes, keep filing your weekly claims even during the appeal process. If you win the appeal, you'll get back pay for those weeks.

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been there, it sucks but you have options. misconduct disqualifications are usually temporary in Washington - typically 7-10 weeks of benefits that you forfeit, but after that you can collect if you're still unemployed and meet the other requirements

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Wait so I might still get benefits eventually even without appealing?

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yeah but you should still appeal if you think the misconduct finding was wrong. if you win the appeal you get those forfeited weeks back as a lump sum

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Definitely appeal this decision. Misconduct has a very specific legal definition under Washington unemployment law. Simply defending yourself from an abusive customer likely doesn't meet the threshold for disqualifying misconduct. You need to show that your employer's reason doesn't constitute willful or wanton disregard of their interests. I had success using Claimyr to get through to Washington ESD when I needed to discuss my disqualification details with an adjudicator - their site is claimyr.com and they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thank you! I've been trying to call Washington ESD for days but can never get through. I'll check out that Claimyr thing.

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What exactly is Claimyr? Never heard of it before.

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It's a service that helps you get through to unemployment offices. I was skeptical at first but it actually worked when I needed to talk to someone about my claim status.

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OMG the same thing happened to me!! I got disqualified for 'job abandonment' when I had to leave work early for a family emergency and couldn't reach my supervisor. I was freaking out thinking I'd never get benefits. The disqualification notice is so confusing and scary looking.

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Right?? The letter made it sound like I was banned forever. Did you appeal yours?

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Yes I did and I won! Took about 6 weeks but I got all my back pay. Document everything and be prepared to explain your side clearly.

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The Washington ESD system is so broken. They disqualify people left and right for BS reasons and then make it impossible to reach anyone to explain. I've been calling every day for two weeks about my own disqualification and either get busy signals or get hung up on after waiting an hour.

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Have you tried calling right when they open at 8am? Sometimes that works better

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I've tried everything - early morning, lunch time, different days. The phone system is just overwhelmed.

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That's exactly why I mentioned Claimyr earlier. When I couldn't get through the regular way, it helped me connect with an actual person to discuss my case.

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Here's what typically happens with different types of Washington ESD disqualifications: 1. Misconduct - usually 7-10 weeks of benefit forfeiture 2. Voluntary quit without good cause - varies but often 5-10 weeks 3. Refusal of suitable work - can be more severe 4. Fraud - permanent bar from benefits Your situation sounds like misconduct, which means you'd serve the penalty period then become eligible again if still unemployed.

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This is really helpful! So if I don't appeal and just wait it out, I could still get benefits in like 2 months?

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Potentially yes, but I'd still recommend appealing if you believe the misconduct finding was incorrect. You have nothing to lose by appealing.

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whatever you do dont just ignore it! my cousin got disqualified and didnt appeal thinking it would just go away. it doesnt. you have to take action or accept the penalty

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Thanks for the warning! I definitely won't ignore it. The appeal deadline is 30 days right?

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yep 30 days from the date on the notice, not when you received it

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One more thing - when you do appeal, be very specific about the incident. Don't just say 'it was unfair.' Explain exactly what happened, what the customer did, how you responded, and why your response was reasonable. Washington ESD adjudicators need concrete details to overturn a misconduct finding.

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Good point. I should probably write it all down while it's still fresh in my memory.

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Also get witness statements if any coworkers saw what happened. That really helps in appeals.

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I work in HR and see these situations all the time. Employers often claim misconduct when it's really just a disagreement or personality conflict. Washington ESD takes misconduct allegations seriously but they also investigate thoroughly during appeals. Don't give up if you truly believe you were wrongfully terminated.

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That's encouraging to hear from someone on the employer side. I really do think this was unfair.

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Same here! My employer tried to claim I abandoned my job when I had a legitimate emergency. The appeal process really does give you a fair hearing.

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just went through this whole mess myself. got disqualified in october for 'attendance issues' which was total BS - i was sick and had doctors notes. finally got through to washington esd using that claimyr service someone mentioned and got it sorted out. took forever but worth it

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How long did the whole process take for you?

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about 8 weeks total from appeal to getting my back pay. the hardest part was actually talking to someone at washington esd to understand what was happening

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Quick question - if you're disqualified can you still use WorkSource services for job searching? I know there are work search requirements but wasn't sure if disqualification affects that.

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Yes, you can still use WorkSource services. In fact, you should continue job searching even during a disqualification period because you'll need to show work search efforts once you become eligible again.

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That's good to know. I should probably keep documenting my job search activities just in case.

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The worst part about disqualifications is not knowing what's happening. Washington ESD sends these official-looking letters but doesn't explain the process clearly. I was convinced I'd never get benefits again until I talked to someone who explained it's often temporary.

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Exactly! The letter made it sound so final and scary. I'm feeling much better about this now.

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They really should make those notices clearer about what your options are.

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Still struggling to get through to Washington ESD about my own disqualification. This is ridiculous - how are we supposed to appeal or get information if we can't talk to anyone? The online system doesn't give any details about why I was disqualified.

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Seriously try that Claimyr thing. I was skeptical too but it actually worked when nothing else did.

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At this point I'm willing to try anything. The regular phone system is completely useless.

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been reading through this thread and wanted to add - even if you lose your appeal, you can request a review by the Commissioner's Review Office if you think there were errors in the hearing process. it's another level of appeal that people don't always know about

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Good to know there are multiple levels of appeal if needed. Hopefully it won't come to that though.

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Yes, and in extreme cases you can even appeal to superior court, though that's expensive and rarely worth it for unemployment cases.

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can someone explain what happens to your benefit amount if you get disqualified? like do you lose all 26 weeks or just the penalty weeks?

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You typically only lose the penalty weeks (usually 7-10 for misconduct). The rest of your benefit year remains available if you're still unemployed after serving the penalty.

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That's a relief! I thought I might lose my entire benefit year.

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This thread has been super helpful! I'm in a similar situation where my employer is claiming I was 'insubordinate' for questioning a safety issue. Planning to appeal but was worried about the process.

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Questioning safety issues is often protected activity. Definitely appeal that one - you might have a strong case.

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Thanks! I documented everything when it happened so I have good records.

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one thing i learned is that you need to be really careful about how you describe what happened in your appeal. dont admit to anything that could be seen as misconduct even if you think it was justified. stick to the facts

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Good advice. I was planning to be completely honest but I should probably think about how to word things carefully.

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Be honest but strategic. Focus on the customer's behavior and your reasonable response to protect yourself.

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Thanks everyone for all this info. I feel so much better about my situation now. Going to file my appeal tomorrow and keep my fingers crossed. Will try to get through to Washington ESD to ask some follow-up questions too.

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Good luck! This thread has been a lifesaver for me too. I'm going to appeal as well.

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Remember that Claimyr option if you can't get through the regular phone lines. It saved me a lot of frustration.

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PSA for anyone reading this later: always keep copies of everything related to your disqualification appeal. the paperwork, emails, phone call logs, everything. you never know what might be important later

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Great point! I'm going to start a file with all my documents right now.

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And take notes during any phone calls with Washington ESD - date, time, who you talked to, what was discussed.

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this whole system is designed to discourage people from appealing. the letters are confusing, the phone system doesnt work, and they make it seem hopeless. but reading this thread shows that appeals do work if you stick with it

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You're absolutely right. I almost didn't appeal because the whole thing seemed so overwhelming. Now I realize I have a real chance.

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The system is definitely not user-friendly, but the appeal process itself is actually pretty fair once you get into it.

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I went through a similar disqualification last year for what my employer called "poor attitude" - which was really just me asking questions about overtime policies. The whole process is intimidating but you definitely have options. Here's what I learned: 1) Appeal immediately - you have nothing to lose and everything to gain, 2) Keep filing your weekly claims during the appeal (this is crucial for getting back pay if you win), 3) Document everything about the incident while it's fresh in your memory, and 4) Don't let the scary-sounding letter discourage you. Most misconduct disqualifications in Washington are temporary penalties, not permanent bans. The adjudicators during appeals actually listen to your side of the story, unlike the initial determination which is often based only on what your employer reports. Stay strong and fight it!

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This is exactly what I needed to hear! Thank you for sharing your experience. The "poor attitude" thing sounds so similar to my situation - employers seem to use these vague terms when they don't have real misconduct. I'm definitely going to appeal now. Quick question though - when you say keep filing weekly claims during the appeal, do you mean I should answer "yes" to looking for work and all that even though I'm disqualified right now?

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Yes, absolutely continue filing your weekly claims and answer all the questions honestly about your job search activities. Even though you're currently disqualified, you need to maintain your claim to be eligible for back pay if you win the appeal. The system will track all those weeks, and if your appeal is successful, you'll receive payment for the entire period retroactively. I made the mistake of not filing for a few weeks thinking it was pointless, and it created complications later. Also, continuing to actively job search during the appeal shows good faith effort on your part, which can only help your case.

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I just want to echo what everyone else has said - don't panic! I was in almost the exact same situation about 8 months ago. Got disqualified for "misconduct" after what I felt was a completely unfair termination. The disqualification notice is intentionally scary and confusing, but it's not the end of the world. Here's what helped me: First, I appealed within the 30-day window (this is critical - don't miss that deadline). Second, I gathered every piece of documentation I could find - text messages, emails, witness contact info, company policies, everything. Third, I kept filing my weekly claims religiously even though I wasn't getting paid - this saved me when I eventually won my appeal and got 12 weeks of back pay. The hearing itself was actually pretty fair - the judge let me tell my whole story and really listened. Your case about defending yourself from an abusive customer sounds like it has real merit. Customer service workers have rights too, and employers can't just label any response to harassment as "misconduct." Fight this - you've got more support and options than you realize right now.

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