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Mei-Ling Chen

What reasons can an employer deny unemployment benefits in Washington ESD?

I just got laid off from my job at a manufacturing company after 2 years and filed for unemployment with Washington ESD. My former employer is fighting my claim saying I was terminated for cause, but I think they're lying. What are the actual legitimate reasons an employer can use to deny someone unemployment benefits? I thought layoffs were automatic approval but now I'm stressed they might win. Has anyone dealt with employer protests before?

Employers can protest unemployment claims for several reasons in Washington state. The main ones are: misconduct (like stealing, fighting, or repeated policy violations), voluntary quit without good cause, failure to accept suitable work, or not being able and available for work. They have to provide documentation to Washington ESD proving their case though.

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They're claiming I had excessive absences but I had medical documentation for everything. Does that count as misconduct?

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If you had proper medical documentation and followed their attendance policy for requesting time off, that shouldn't qualify as misconduct. Make sure Washington ESD has copies of all your medical docs.

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same thing happened to me last year, employer said I quit but I was actually fired. took forever to get through to someone at washington esd to explain my side

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How long did it take to resolve? I'm worried about bills piling up while this gets sorted out.

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like 6 weeks total but I eventually won. just keep calling and documenting everything

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I used Claimyr.com to get through to a Washington ESD agent when my employer protested my claim. They have this system that calls you back when an agent is available instead of waiting on hold forever. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helped me explain my situation directly to someone who could actually do something about it.

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Is that legit? I've been trying to call Washington ESD for days and either get busy signals or get disconnected after hours on hold.

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Yeah it's real, they basically wait in the phone queue for you and call you back when they get through. Saved me so much frustration dealing with the adjudication process.

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sounds too good to be true but honestly anything is better than spending entire days trying to reach someone

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The Washington ESD adjudication process looks at whether the separation was due to misconduct connected with work or voluntary quit without good cause. Employers have to prove misconduct was willful and substantial. Simply being laid off due to lack of work, company downsizing, or performance issues that don't rise to misconduct level shouldn't disqualify you.

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What counts as 'substantial' misconduct? They're saying my absences hurt productivity but I never got written warnings.

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Generally needs to be repeated violations after warnings, or single serious incidents like theft or violence. Attendance issues with proper medical documentation usually don't qualify, especially without progressive discipline.

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EMPLOYERS WILL LIE THROUGH THEIR TEETH to avoid paying higher unemployment taxes!!! They know most people won't fight back and just give up. Document EVERYTHING and don't let them intimidate you!!!

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That's what I'm worried about. They're a big company with lawyers and I'm just one person trying to get benefits I earned.

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exactly why the system is broken, corporations vs regular people

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For Washington ESD adjudication, make sure you respond to any fact-finding questionnaires they send you. Provide detailed explanations of your side of the story and include any documentation like emails, medical records, employee handbook sections, etc. The adjudicator will review both sides before making a determination.

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I got a fact-finding form yesterday asking about the attendance issues. Should I attach my doctor's notes directly to the response?

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Yes, attach copies of all medical documentation, any emails about approved time off, and anything showing you followed proper procedures. Be thorough but concise in your explanations.

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My brother went through this last month - his employer claimed he was fired for poor performance but he was actually just not a good fit for the role. Washington ESD approved his claim because performance issues alone don't equal misconduct unless there's willful negligence or refusal to follow instructions.

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That gives me hope. I was doing my job fine, just had some health issues that required time off with proper documentation.

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Another option for getting help with Washington ESD adjudication issues is calling their customer service line early morning or during lunch breaks when call volume might be lower. But honestly, after dealing with this system for months, I'd recommend trying Claimyr if you need to reach someone quickly. The peace of mind of knowing you'll actually talk to an agent is worth it.

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I tried calling at 7am sharp and still couldn't get through. System is completely overloaded.

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Yeah that's exactly why I ended up using the callback service. Much less stressful than playing phone roulette all day.

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also make sure to keep filing your weekly claims even during adjudication. if you win the appeal you'll get back pay for all the weeks, but if you don't file them you lose those weeks permanently

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Good point, I was wondering about that. The website is confusing about whether to keep filing during disputes.

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Yes, definitely keep filing weekly claims. Washington ESD requires continuous filing to maintain your claim even during adjudication periods.

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been there. employer said I was insubordinate but really I just questioned a safety violation. took 2 months but I won because I had email evidence

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Two months?? I can't afford to wait that long without income.

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yeah it sucks but that's how long adjudication can take. try to find temporary work if possible

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Common employer defenses that usually don't hold up: attendance issues with medical documentation, personality conflicts, performance issues without progressive discipline, company policy changes after the fact, or claims of insubordination without clear evidence. Washington ESD looks for patterns of willful misconduct, not just isolated incidents or circumstances beyond your control.

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This is really helpful. My situation sounds like it falls into the medical attendance category which you're saying usually doesn't hold up.

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Whatever you do, don't admit fault or apologize for anything in your statements to Washington ESD. Just stick to facts and explain your side objectively. Employers count on people feeling guilty and saying things that hurt their own case.

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That's good advice. I was planning to explain that I felt bad about the absences but I guess I should just focus on the medical necessity.

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Exactly, focus on following proper procedures and having legitimate reasons, not on feelings or apologies.

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The burden of proof is on the employer to show misconduct. They can't just say you were fired for cause without documentation. If they don't have progressive discipline records, written warnings, or clear policy violations on file, their protest is usually weak.

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I never received any written warnings about attendance, only verbal mentions during health issues. Does that help my case?

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Yes, lack of progressive discipline documentation definitely weakens their case, especially for attendance issues related to documented medical conditions.

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THE WHOLE SYSTEM IS DESIGNED TO DISCOURAGE PEOPLE FROM FILING! Employers know they can throw up roadblocks and most people will give up rather than fight. Don't let them win!

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it really does feel like they're trying to wear you down with all the paperwork and delays

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If Washington ESD initially denies your claim based on the employer protest, you have the right to appeal within 30 days. The appeal goes to an administrative law judge who will conduct a hearing where both sides can present evidence. Many decisions get overturned at this level.

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How does the appeal hearing work? Do I need a lawyer or can I represent myself?

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You can represent yourself. It's usually done by phone. You'll present your evidence and testimony, the employer presents theirs, and the judge asks questions. Having documentation organized helps a lot.

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just went through this exact situation. employer claimed misconduct but I had everything documented. won at the appeal level after initial denial

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That's encouraging! How long did the whole process take from start to finish?

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about 3 months total but got back pay for everything once I won

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One more thing about getting help during this process - if you need to check on your adjudication status or get updates, Claimyr can help with that too. Sometimes just knowing where things stand can reduce a lot of anxiety while you're waiting for a decision.

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I keep checking my account online but it just says 'under review' with no other details. It's frustrating not knowing what's happening.

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same here, the online system is useless for getting real updates on adjudication status

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Remember that Washington ESD adjudicators are supposed to be neutral. They're not automatically siding with employers. Present your case clearly with documentation and you have a good chance if the employer's claims are weak.

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Thanks everyone for all the advice. I feel much more confident about fighting this now that I understand the process better.

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hope it works out for you! keep us posted on how the adjudication goes

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Will do! This thread has been incredibly helpful for understanding my rights and options.

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Final advice: keep detailed records of all communications with Washington ESD, save copies of everything you submit, and don't be afraid to ask for clarification if you don't understand something in their correspondence. Good luck with your case!

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Thank you! I'm going to organize all my medical documentation and submit a thorough response to the fact-finding questionnaire.

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I've been helping people navigate Washington ESD disputes for years and your situation sounds very winnable. Medical absences with proper documentation are one of the weakest grounds for employer protests. The key is showing you followed their policies for requesting time off and had legitimate medical reasons. Make sure to emphasize in your fact-finding response that you provided advance notice when possible and had doctor's notes. Also highlight that you received no progressive discipline - verbal mentions during health crises don't constitute formal warnings. Washington ESD sees right through employers who try to rewrite history after layoffs. Stay strong and don't let them intimidate you into giving up benefits you rightfully earned!

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This is really reassuring to hear from someone with experience! I was starting to second-guess myself because my former employer made it sound like I was clearly in the wrong. You're right that I did follow their policy - I called in every time I had a medical appointment and provided documentation afterward. It's good to know that verbal comments during my health issues don't count as formal progressive discipline. I'm feeling much more confident about submitting my response now.

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I've been dealing with something similar - my employer is claiming "attendance issues" but I had FMLA documentation for everything. What really helped me was organizing all my paperwork chronologically and writing a timeline showing I followed proper procedures each time. Washington ESD adjudicators really do look at the whole picture, not just what employers claim. The fact that you had no formal write-ups is huge in your favor!

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I went through a similar employer protest situation last year and want to share what I learned. The most important thing is that Washington ESD requires employers to prove misconduct was both "willful" and "substantial" - just having attendance issues, even without medical documentation, often doesn't meet that standard if there's no pattern of defiance or repeated violations after formal warnings. In your case, having medical documentation makes their argument even weaker. One thing that really helped me was creating a detailed timeline of events with dates, showing exactly when I provided medical notes and how I followed company procedures. Also, don't forget to mention if you were a good employee overall - length of service, positive reviews, no prior disciplinary actions all work in your favor. The adjudicator will look at the totality of circumstances, not just the employer's cherry-picked complaints. Washington ESD sees these weak protests all the time and knows the difference between legitimate misconduct and employers trying to avoid paying unemployment taxes.

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This is exactly the kind of detailed advice I needed! Creating a timeline with dates is brilliant - I can show exactly when I provided advance notice, submitted medical documentation, and followed their attendance policy. You're absolutely right about emphasizing my overall employment record too. I worked there for 2 years with no prior disciplinary issues and always got good performance reviews. It really helps to hear that Washington ESD adjudicators are experienced with these weak employer protests. I was worried they might just automatically side with the company, but it sounds like they actually investigate the claims thoroughly. Thank you for taking the time to share your experience!

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