What is considered misconduct for unemployment benefits in Washington ESD?
I got fired from my job last week and I'm trying to figure out if I'll qualify for unemployment benefits. My manager said I was terminated for 'misconduct' but I'm not sure if what happened actually counts as misconduct under Washington ESD rules. I was late to work about 6 times over the past two months because of car troubles, and I had one argument with a coworker that got heated. Nothing physical happened but we both raised our voices. My supervisor wrote me up twice but never put me on any formal probation. Does this sound like misconduct that would disqualify me from UI benefits? I really need to know before I file my claim.
248 comments


Genevieve Cavalier
The good news is that not everything an employer calls 'misconduct' actually meets Washington ESD's definition. For it to be disqualifying misconduct, it generally has to be willful or wantonly negligent behavior that violates your employer's interests. Being late due to childcare issues probably won't count as misconduct, especially if you were trying to resolve the situation. The phone use and argument might be more questionable depending on the specifics.
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Zane Hernandez
•That's reassuring to hear. I did tell my supervisor about the childcare situation and was trying to find alternative arrangements. The phone thing was mostly during breaks but maybe a couple times during work.
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Ethan Scott
•Yeah, Washington ESD looks at whether you had control over the situation. Childcare emergencies are usually considered beyond your control.
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Brooklyn Foley
Washington ESD has specific criteria for misconduct. It has to be willful or wantonly negligent behavior that violates your employer's interests. Simply being late occasionally due to childcare usually isn't considered misconduct unless you had multiple warnings and refused to address the issue. The key is whether your actions were deliberate and harmful to your employer.
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Elijah Knight
•That's helpful! I did get one warning about being late but I explained the childcare situation and thought we had an understanding. My supervisor seemed sympathetic at the time.
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Jay Lincoln
•one warning doesn't sound like enough to establish a pattern of willful misconduct
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Evelyn Rivera
Misconduct for Washington ESD purposes is pretty specific. It has to be willful or wanton disregard of your employer's interests, or deliberate violation of workplace rules. Being late due to car trouble usually isn't considered misconduct, especially if you were trying to resolve the transportation issues. The argument with a coworker might be more concerning depending on what was said and if it violated company policy.
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Kolton Murphy
•That's helpful, thank you. The argument was about a work project and got loud but no one was threatened or anything like that. I did tell my supervisor about my car problems each time I was late.
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Julia Hall
•The key is whether you were deliberately ignoring company rules or just having legitimate problems. Sounds like you were communicating about the car issues which shows good faith effort.
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Justin Evans
Misconduct for Washington ESD purposes is pretty specific - it has to be willful or wantonly negligent behavior that violates your employer's reasonable expectations. Being late occasionally usually isn't enough unless it was chronic and you were warned multiple times. Did you receive any written warnings about attendance?
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Joshua Wood
•I got one written warning about 6 months ago for being late but nothing recent. The supervisor thing was more like we disagreed on how to handle certain tasks.
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Justin Evans
•That doesn't sound like misconduct to me. Disagreements about work methods aren't typically considered misconduct unless you were insubordinate or refused direct orders.
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Jessica Suarez
I had a similar situation and Washington ESD sided with me. The employer has to prove misconduct, not just claim it. Things like theft, fighting, deliberate violation of safety rules - that's misconduct. Being late due to circumstances beyond your control is different. Make sure you document everything about your childcare situation when you file your appeal.
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Elijah Knight
•Good point about documentation. I have texts with my daycare provider about the issues we were having. Should I include those?
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Jessica Suarez
•Absolutely! Any evidence that shows your lateness was due to circumstances beyond your control will help your case.
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Clarissa Flair
Misconduct for Washington ESD has to be pretty serious - it's not just being late or having workplace conflicts. They need to prove you willfully violated company policy or did something that harmed the employer. Being late due to childcare issues usually isn't considered misconduct, especially if it wasn't excessive.
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Eve Freeman
•That's reassuring. I was only late maybe 6-7 times total, and it was always childcare related. The argument with my coworker didn't involve any threats or anything like that.
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Caden Turner
•You should definitely file. Let Washington ESD make the determination rather than assuming you're disqualified.
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Arjun Patel
I went through something similar last year. Washington ESD looks at whether the behavior was connected to work and if it was intentional. They also consider if you were given warnings and opportunity to improve. Since you only got written up twice and weren't on formal probation, that might work in your favor.
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Kolton Murphy
•Did you end up getting approved for benefits? I'm worried they'll just take the employer's word for it.
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Arjun Patel
•Yes, I got approved after an adjudication period. Washington ESD investigates both sides of the story, not just what the employer says. Make sure you provide your documentation about the car troubles when you file.
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Lola Perez
You should definitely file for unemployment regardless of what your employer says. Let Washington ESD make the determination about misconduct. I've seen cases where employers claim misconduct but the worker still gets approved because it didn't meet the legal standard.
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Zane Hernandez
•Should I mention the misconduct claim when I file my initial claim? I don't want to hurt my chances.
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Genevieve Cavalier
•Be honest on your application. Washington ESD will investigate anyway if your employer contests the claim. Being truthful from the start looks better than having inconsistencies later.
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Jade Lopez
You should definitely file your claim regardless. Even if there's a question about misconduct, Washington ESD will do an investigation during adjudication. If you've been having trouble reaching them during the process, I found claimyr.com really helpful for getting through to an actual agent when I needed to provide additional information. They have a service that helps you connect with Washington ESD representatives without waiting on hold forever. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Kolton Murphy
•Thanks for the tip! I'll check that out. I've heard it can be impossible to get through to Washington ESD on the phone.
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Tony Brooks
•I've used claimyr too and it really does work. Saved me hours of trying to call Washington ESD directly.
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Emily Parker
I went through something similar last year. Washington ESD looks at whether your actions were deliberate violations of company policy or if you just made mistakes. They also consider if the employer's rules were reasonable and clearly communicated.
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Joshua Wood
•How did your case turn out? Were you able to get benefits approved?
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Emily Parker
•Yes, it took about 3 weeks of adjudication but they approved my claim. The employer couldn't prove I deliberately violated any policies.
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McKenzie Shade
Washington ESD looks for "deliberate misconduct" - things like theft, violence, drug use at work, or willfully refusing to follow reasonable work rules. Attendance issues can be misconduct if they're excessive and you ignored warnings, but it depends on the circumstances. Child care problems are often considered beyond your control.
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Eve Freeman
•What's considered excessive attendance issues? I had two write-ups but they were spread out over 3 months.
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McKenzie Shade
•It varies case by case, but sporadic lateness over several months due to childcare doesn't usually meet the misconduct threshold. The key is whether you were willfully disregarding work rules.
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Harmony Love
I went through something similar last year. Got fired for what my boss called insubordination but it was really just me questioning a policy change during a team meeting. Washington ESD approved my claim after reviewing the details. The burden is on the employer to prove misconduct, not on you to prove innocence.
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Eve Freeman
•How long did it take for them to make a decision on your claim?
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Harmony Love
•About 3 weeks. They contacted my former employer for their side of the story, then made the determination. I was worried for nothing.
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Nathaniel Stewart
I had a similar situation last year where I got called in for an adjudication interview because my employer claimed misconduct. The Washington ESD adjudicator asked really detailed questions about company policies, whether I knew about the rules I supposedly violated, and if I had any warnings. If you can show you were trying to fix the lateness issue and that phone use wasn't against clear company policy, you might be okay.
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Zane Hernandez
•How long did your adjudication take? I'm worried about how long I'll have to wait for benefits.
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Nathaniel Stewart
•Mine took about 6 weeks but this was during the busy season. The key is to respond quickly to any requests for information from Washington ESD.
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Riya Sharma
•Six weeks is brutal when you need money for rent and groceries. I had to use Claimyr to actually get through to someone at Washington ESD when my case was taking forever. Their site is claimyr.com and they help you reach an actual agent instead of sitting on hold forever.
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Marcus Williams
If you're having trouble getting through to Washington ESD to discuss this or check your claim status, I found this service called Claimyr that helped me connect with an actual agent. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Really saved me from spending hours on hold trying to get clarification on my misconduct issue.
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Lily Young
•How does that work exactly? I've been trying to call Washington ESD for days with no luck.
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Marcus Williams
•It basically calls for you and gets you connected to an actual person. Way better than sitting on hold forever or getting disconnected.
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Ezra Collins
If you're having trouble getting through to Washington ESD to discuss your misconduct determination, 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. It really helped me when I was stuck in adjudication for weeks.
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Joshua Wood
•Thanks, I might need to try that if I can't get through on my own. The phone lines are always busy.
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Victoria Scott
•Never heard of that service but anything to avoid sitting on hold for hours sounds good to me!
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Kennedy Morrison
Washington ESD looks at misconduct pretty strictly. They consider things like: willful disobedience, violation of company policies after warnings, theft, dishonesty, fighting, deliberate damage to property, or being under the influence at work. Attendance issues can be misconduct if there's a clear pattern of violations after multiple warnings and you had the ability to correct the behavior.
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Elijah Knight
•This is really detailed, thank you! It sounds like my situation might not meet their definition since it was childcare-related and not willful.
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Wesley Hallow
•yeah that doesn't sound like misconduct to me either. sounds more like a legitimate reason for occasional lateness
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Justin Chang
I got fired for 'misconduct' too and it turned out my employer was just trying to avoid paying higher unemployment taxes. Washington ESD denied their misconduct claim because they couldn't prove I acted willfully. Don't let them intimidate you - fight it if you think they're wrong!
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Elijah Knight
•That's exactly what I suspect is happening here. Did you have to go through the appeal process?
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Justin Chang
•Yes, I had to appeal but it was worth it. Washington ESD ruled in my favor and I got all my back benefits.
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Grace Thomas
•good for you! employers try this stuff all the time hoping people won't fight back
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Hunter Brighton
One thing to know is that Washington ESD will look at whether you had control over the situation. Childcare emergencies are generally considered beyond your control, especially if you were making good faith efforts to resolve the issue. Did you try to find backup childcare or adjust your schedule?
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Elijah Knight
•I did try! I was looking for a new daycare provider and had asked about flexible start times. I documented all of that thankfully.
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Dylan Baskin
•that shows good faith effort which is important for your case
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Benjamin Johnson
Washington ESD misconduct standards are actually pretty high. They need to prove you acted with deliberate intent to harm the employer or willfully disregarded their interests. Simple poor performance or isolated incidents usually don't qualify.
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Zara Perez
•What about if you got fired for arguing with customers? Asking for a friend...
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Benjamin Johnson
•That could potentially be misconduct depending on the severity and frequency. If it was abusive behavior or multiple incidents after warnings, that might qualify.
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Lauren Wood
The Washington ESD adjudicator will also look at whether the employer's rules were reasonable and clearly communicated. If they didn't have a clear attendance policy or didn't follow progressive discipline, that works in your favor. Misconduct has to be connected to work performance or workplace rules.
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Elijah Knight
•They did have an attendance policy but I'm not sure they followed it properly. I only got one verbal warning.
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Ellie Lopez
•usually they need to show progressive discipline for attendance issues unless it was really extreme
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Ella rollingthunder87
Washington ESD has pretty strict guidelines about what counts as misconduct. Generally it needs to be something like theft, violence, drug use at work, or repeatedly violating clear company policies after warnings. Attendance issues can be tricky - if you were chronically late without good reason that might count, but legitimate transportation problems usually don't.
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Kolton Murphy
•That makes me feel better. I was genuinely trying to fix my car situation and wasn't just skipping work for fun.
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Evelyn Rivera
•Exactly. Washington ESD looks at intent and whether you had control over the situation. Car troubles are usually considered beyond your immediate control.
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Santiago Diaz
The misconduct standard in Washington is pretty high. It has to be more than just poor performance or isolated incidents. They look for a pattern of willful disregard for your employer's interests. A few tardies and minor phone use probably won't rise to that level, especially with the childcare explanation.
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Zane Hernandez
•What about the argument with my coworker? It wasn't anything major but my boss made it sound like a big deal.
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Santiago Diaz
•One workplace disagreement usually isn't enough for misconduct unless it involved threats, harassment, or violence. If it was just a professional disagreement about work procedures, that's normal workplace conflict.
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Rudy Cenizo
If you're having trouble reaching Washington ESD to get answers about your specific situation, I found this service called Claimyr that helps people get through to ESD agents faster. They have a video demo at https://youtu.be/7DieNd3C7zQ and their website is claimyr.com. Might be worth checking out if you need to talk to someone directly about the misconduct question.
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Eve Freeman
•Thanks, I'll look into that. I've been trying to call Washington ESD all morning but keep getting disconnected.
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Natalie Khan
•Never heard of that service before. Does it actually work or is it just another scam?
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Rudy Cenizo
•It worked for me when I needed to talk to someone about my adjudication issue. Much better than spending hours on hold.
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Chad Winthrope
I'm dealing with a misconduct determination right now too. My employer claimed I was insubordinate but really I was just questioning a safety procedure that seemed dangerous. Washington ESD is still investigating but I'm hoping they see it wasn't willful misconduct.
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Elijah Knight
•That sounds like you were being responsible about safety! Hope it works out for you.
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Paige Cantoni
•questioning unsafe procedures should never be considered misconduct imo
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Yara Campbell
ugh this is so frustrating!! I got denied for 'misconduct' because I was sick too many times and they said I didn't follow proper call-in procedures. Even though I was actually sick! The system is so unfair sometimes.
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Evelyn Rivera
•Did you appeal the decision? If you have medical documentation for your absences, that could help your case.
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Yara Campbell
•I'm still working on gathering the medical records for the appeal. It's such a pain to get everything together.
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Daryl Bright
File anyway!! The worst they can say is no. I thought I was disqualified because I got fired for missing too much work when my dad was in the hospital, but Washington ESD said it wasn't misconduct because it was due to family circumstances beyond my control.
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Eve Freeman
•That gives me hope. My situation sounds similar with the childcare issues being the main cause of my lateness.
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Sienna Gomez
•Exactly! Don't let your employer scare you into not filing. They might be bluffing about it being misconduct.
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Millie Long
this is exactly why the unemployment system is broken!! employers can just claim whatever they want and then you have to prove them wrong. meanwhile you're sitting there with no income waiting for some bureaucrat to decide if you deserve help. the whole thing is designed to keep people from getting benefits they paid into
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KaiEsmeralda
•I get the frustration but at least Washington ESD does investigate these claims. They don't just take the employer's word for it.
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Millie Long
•sure but the burden of proof is still on the worker and the process takes forever. people lose their homes waiting for these decisions
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Daniel Rogers
UGH the whole misconduct thing is such BS. My employer claimed I was late too many times but I had legitimate reasons every time - childcare issues, car trouble, etc. Washington ESD still denied my first claim and I had to appeal.
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Joshua Wood
•Did you win your appeal? I'm hoping I won't have to go through that process.
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Daniel Rogers
•Yes but it took forever. Had to wait for a hearing and everything. Document everything you can to show the employer is wrong.
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Justin Evans
•The key with attendance issues is whether you notified your employer and if they had a reasonable attendance policy. Chronic tardiness without communication can be misconduct.
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Victoria Scott
same thing happened to me, employer said i was terminated for misconduct but really they just wanted to avoid paying higher unemployment taxes
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Joshua Wood
•That's what I'm worried about too. How can they prove it was actually misconduct?
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Victoria Scott
•they have to provide documentation and evidence, can't just say it was misconduct without proof
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Debra Bai
Make sure you document everything about your termination. Get a copy of your personnel file if possible, save any emails about the childcare situation, and write down the details of what happened while it's fresh in your memory. If this goes to an adjudication hearing, you'll want all that documentation.
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Zane Hernandez
•Good point about documentation. I do have some text messages with my supervisor about the childcare issues. Would those help?
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Debra Bai
•Absolutely! Those texts show you were communicating about the problem and trying to address it. That works in your favor.
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Kirsuktow DarkBlade
Washington ESD misconduct has specific legal definitions. It has to be a willful act that shows disregard for the employer's interests. Simple negligence, good faith errors, or attendance issues due to circumstances beyond your control typically don't qualify. The employer has to provide documentation proving misconduct occurred.
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Eve Freeman
•What kind of documentation would they need to provide to prove misconduct?
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Kirsuktow DarkBlade
•Usually disciplinary records, witness statements, policy violations with dates and details. They need to show a pattern of willful behavior, not just isolated incidents.
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Abigail bergen
•And if the employer can't provide adequate documentation, Washington ESD usually sides with the claimant.
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Ahooker-Equator
ugh this whole system is so confusing. I got denied for misconduct last year because I called in sick too many times but it turned out I was actually eligible and had to appeal. took forever to get my benefits.
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Eve Freeman
•How did the appeal process work for you? Was it complicated?
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Ahooker-Equator
•not too bad once I figured out what forms to fill out. just had to explain my side and provide some medical documentation. wish I had known about that Claimyr thing back then to help me get through to someone.
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Gabriel Freeman
I went through something similar and ended up getting approved after initially being denied. The key was showing that I didn't willfully violate company policy. Washington ESD looks at your intent and whether you had good cause for your actions. Childcare issues are definitely considered good cause for tardiness.
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Zane Hernandez
•Did you have to appeal or did they reverse the decision during the initial review?
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Gabriel Freeman
•I had to request an appeal hearing, but it was worth it. The administrative law judge understood my situation and overturned the misconduct determination.
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Laura Lopez
•The appeal process can be intimidating but it's your right. Don't let that scare you off if you get an initial denial.
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Kylo Ren
If Washington ESD does find misconduct initially, remember you can appeal within 30 days. The appeal hearing gives you a chance to present your side of the story to an administrative law judge. Many misconduct determinations get overturned at the appeal level when people can tell their full story.
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Elijah Knight
•Good to know about the appeal option. Hopefully it won't come to that but it's reassuring to know I have that right.
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Nina Fitzgerald
•appeals are definitely worth it if you believe you're right. the burden of proof is on the employer
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Julia Hall
When you file your claim, make sure to be completely honest about what happened but also explain your side of the story. Washington ESD will contact your employer for their version, but you'll have a chance to provide your perspective during the adjudication process.
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Kolton Murphy
•Should I mention the car problems specifically when I file the initial claim?
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