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Aileen Rodriguez

What happens when you appeal unemployment decision in Washington ESD?

Filed my unemployment claim back in December and got denied for 'voluntary quit without good cause.' I know I have grounds to appeal because I left due to unsafe working conditions that my employer refused to fix. I've never been through an appeal process before and honestly have no idea what to expect. Does anyone know what actually happens when you appeal a Washington ESD unemployment decision? How long does it take and what should I prepare for?

The appeal process has several steps. First, you file your appeal within 30 days of the denial notice. Then Washington ESD will schedule a hearing with an administrative law judge. You'll get to present your case and provide evidence. The whole process usually takes 6-12 weeks from filing to decision.

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6-12 weeks?? That's a long time to wait without any income. Do I keep filing weekly claims during the appeal?

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Yes, definitely keep filing your weekly claims even during appeal. If you win, you'll get backpay for all those weeks. If you don't file, you can't get paid for those weeks even if you win the appeal.

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I went through this last year. The hearing is usually done by phone and lasts about 30-45 minutes. Make sure you have all your documentation ready - emails, photos, witness statements, anything that proves your case. The judge will ask you questions and give your employer a chance to respond too.

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

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Yes they did, with their HR person and my old supervisor. But I had good documentation of the safety issues so I won anyway. Don't assume they won't show up.

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Just a heads up - if you're having trouble getting through to Washington ESD to ask questions about your appeal, I found this service called Claimyr that helps you actually reach an agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of trying to call.

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Is that legit? Sounds too good to be true honestly.

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I was skeptical too but it actually worked. Got connected to an agent in about 20 minutes instead of calling all day and getting nowhere.

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Whatever you do, don't miss the appeal deadline! I learned this the hard way. You have exactly 30 days from when the determination was mailed, not when you received it. If you miss it, you're basically screwed unless you have a really good reason for the delay.

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Oh god, now I'm panicking. Let me check the date on my denial letter...

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Don't panic, just check it now. You can file the appeal online or by mail. Online is faster and you get confirmation.

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Been dealing with Washington ESD for months and their appeal process is such a joke. The judges are supposed to be impartial but half of them seem to side with employers no matter what evidence you have. The whole system is designed to deny benefits and make it as hard as possible to get help.

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That's not really fair. I've seen plenty of people win their appeals when they had good cases and proper documentation.

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Maybe you got lucky. I've been through this twice and both times felt like the decision was made before the hearing even started.

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For unsafe working conditions, you'll need to prove that: 1) The conditions were genuinely unsafe, 2) You reported them to your employer, 3) Your employer failed to fix them, and 4) A reasonable person would have quit under those circumstances. Documentation is key - photos, emails, incident reports, anything official.

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I have emails where I reported the issues and photos of the problems. My supervisor basically told me to deal with it or find another job.

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That supervisor response could actually help your case. Make sure to mention that exact quote during the hearing if you remember it clearly.

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Just went through an appeal hearing last month. The judge was actually pretty fair and asked good questions. My advice is to stick to the facts and don't get emotional even if your employer lies or exaggerates. Let the evidence speak for itself.

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How long after the hearing did you get the decision?

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About 2 weeks. They mail it to you and also post it in your SecureAccess Washington account.

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Make sure you understand the difference between quitting with good cause and being fired. If you quit, the burden of proof is on you to show you had no choice. It's a higher bar than most people realize.

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Yeah I definitely quit, but it was because they wouldn't fix safety hazards that could have seriously injured someone.

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That can be good cause if you can prove it. Document everything and be prepared to explain why you couldn't continue working there safely.

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One thing to remember is that even if you lose the initial appeal, you can appeal again to the Board of Appeals. But that takes even longer and has stricter requirements for new evidence.

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Ugh, hopefully it doesn't come to that. This is already stressful enough.

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Most cases get resolved at the first appeal level. Focus on preparing well for that hearing first.

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If you need to talk to Washington ESD about your appeal status or have questions about the process, that Claimyr service I mentioned earlier really does work. I used it again yesterday to check on something and got through in like 15 minutes. Way better than the usual runaround.

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How much does it cost though? I'm already broke from being unemployed.

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It's worth checking out their site for the details. For me it was worth it just to avoid the frustration of calling all day and getting nowhere.

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Also make sure you keep track of all your job search activities during the appeal. If you win, they'll want to see that you were actively looking for work the whole time you were filing claims.

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Wait, I still have to do job search stuff even though I'm appealing? That seems weird.

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Yes, you have to meet all the regular requirements. The appeal doesn't excuse you from job searching or being available for work.

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Don't let them intimidate you during the hearing. I was so nervous I could barely speak at first, but the judge was patient and helped me explain my situation clearly. Just be honest and stick to the facts.

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That's reassuring. I'm definitely nervous about having to defend myself in what feels like a legal proceeding.

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It's not as formal as a court hearing. More like a structured conversation where everyone gets to tell their side.

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been through 3 appeals over the years and won 2 of them. key is having your story straight and evidence to back it up. don't ramble or go off on tangents during the hearing, answer the questions directly

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Three appeals?? What kept happening?

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different jobs, different situations. construction work can be unpredictable with layoffs and safety issues

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One more tip - if you have any witnesses who can testify about the unsafe conditions, try to have them available during the hearing. They don't have to be physically present, they can join by phone too.

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I have a coworker who saw everything and was just as concerned as I was. I'll ask if they'd be willing to testify.

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That could be really helpful. A neutral third party witness carries a lot of weight with judges.

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The worst part about appeals is the waiting. You're already stressed about money and then you have to wait months to find out if you'll get any help. The system really needs to move faster.

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Yeah the financial stress is the worst part. I'm already behind on rent.

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Try to hang in there. If you win the appeal you'll get all that back pay which helps catch up on bills.

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My hearing got rescheduled twice because of technical issues with their phone system. Just be prepared for possible delays and make sure they have current contact info for you.

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Great, more delays. This process is already taking forever.

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I know it's frustrating but the rescheduling worked out better for me because I had more time to prepare.

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Since we're talking about contacting Washington ESD - seriously try that Claimyr thing if you need to reach them during your appeal. I've recommended it to like 5 people now and everyone said it worked. Check out claimyr.com, they explain how the whole thing works.

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ok you've convinced me to at least look at it. been trying to call for weeks with no luck

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Yeah that's exactly why I started using it. The regular phone lines are basically useless.

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Quick question - if I win my appeal, do I get paid for all the weeks I filed claims during the appeal process? Even though I was technically denied?

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Yes, that's exactly right. As long as you kept filing your weekly claims and met all the requirements, you'll get back pay for the entire period.

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That's a relief. At least there's light at the end of the tunnel if I win.

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Just remember that if your employer doesn't show up to the hearing, it doesn't automatically mean you win. The judge still has to determine if you had good cause to quit based on the evidence you present.

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Good to know. I was hoping it would be automatic if they no-showed.

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It does help your case if they don't show up to defend their side, but you still need to prove your case.

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The appeal hearing recording is your friend. They record everything so if there are any issues with the decision you can point to exactly what was said during the hearing.

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I didn't know they recorded it. That actually makes me feel better about the whole process.

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Yeah, they tell you at the beginning that it's being recorded. It protects both sides and keeps everything transparent.

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