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Gabriel Ruiz

When can you not collect unemployment in Washington - got denied and confused

I just got my Washington ESD determination letter and they denied my UI claim. The letter mentions something about 'misconduct' but I honestly don't understand what I did wrong. I was let go from my job at a retail store after being there for 8 months. My supervisor said I was late too many times but I had some car trouble and family issues. Now I'm reading there are other reasons you can't collect unemployment too? Can someone explain when Washington ESD won't approve your claim? I really need these benefits and don't know if I should appeal or what.

There are several reasons Washington ESD can deny unemployment benefits. The main ones are: 1) Misconduct (what yours sounds like) 2) Voluntary quit without good cause 3) Not meeting work/wage requirements 4) Not actively seeking work 5) Being fired for criminal acts. For misconduct, they look at whether you willfully violated company policies despite knowing better.

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Gabriel Ruiz

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So being late counts as misconduct? I mean I was having car problems and my mom was sick. Doesn't that matter?

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It depends on the pattern and whether you were warned. If you had multiple unexcused absences after warnings, that could be misconduct. However, if you had legitimate reasons and communicated them, you might have grounds for appeal.

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Peyton Clarke

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You should definitely appeal this! I had a similar situation where I got denied for misconduct but won on appeal. Washington ESD often denies first then you have to prove your case. You have 30 days from the determination date to file your appeal.

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Gabriel Ruiz

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Did you have to go to a hearing? That sounds scary.

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Peyton Clarke

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Yes, but it was over the phone. Just be honest about your situation and bring any documentation you have about your car problems or family issues.

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Vince Eh

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Before you appeal, you might want to try calling Washington ESD to get clarification on exactly why they denied you. I used a service called Claimyr (claimyr.com) that helped me get through to an actual person at Washington ESD. They have this video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than sitting on hold for hours.

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

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Vince Eh

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Yeah it's real. I was skeptical too but it actually worked. Got me connected to an agent who explained my denial in detail.

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I tried calling Washington ESD for weeks and never got through. Might have to check this out.

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Ezra Beard

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Here's the full list of when you can't collect unemployment in Washington: Fired for misconduct, quit without good cause, didn't earn enough wages, refused suitable work, not available for work, not actively job searching, involved in a labor dispute, receiving other benefits that disqualify you, or committed fraud. Your situation sounds like misconduct determination.

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Gabriel Ruiz

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What counts as 'suitable work'? Can they make you take any job?

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Ezra Beard

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Generally work that matches your skills and pays at least 70% of your previous wage. But after several weeks, the standards can be lowered.

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ugh the Washington ESD system is so harsh. I got denied because I quit my job due to harassment but apparently I didn't document it enough for them to consider it 'good cause.' The whole system seems designed to deny people.

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That's horrible! Harassment should definitely count as good cause. Did you appeal?

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Yeah I'm still waiting on my hearing date. It's been 6 weeks already.

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Aria Khan

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For misconduct, Washington ESD looks at whether it was a one-time mistake vs. repeated violations. They also consider if you knew the policy and willfully violated it. Being late occasionally due to circumstances might not be misconduct, but a pattern of tardiness after warnings usually is.

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Gabriel Ruiz

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I did get written up twice for being late before they fired me. Does that hurt my case?

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Aria Khan

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It makes it harder but not impossible. Focus on the reasons for the tardiness and whether they were beyond your control.

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Everett Tutum

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Also document everything - repair receipts for your car, medical records for family issues, anything that shows the circumstances were legitimate.

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Sunny Wang

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I work in HR and see a lot of unemployment claims. Washington ESD usually sides with employers on misconduct unless the employee can prove extenuating circumstances. But don't give up - appeals do get overturned sometimes.

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What kind of evidence works best in these cases?

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Sunny Wang

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Medical records, repair receipts, emails showing you communicated the issues to your employer, witness statements, anything that shows the problems were temporary and legitimate.

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Another thing people don't realize - you can be denied for not meeting the base period earnings requirement. You need to have earned a certain amount in your base period (first 4 of the last 5 completed quarters before filing). Check your monetary determination letter.

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Gabriel Ruiz

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I think I made enough - I worked full time for 8 months. How much do you need to earn?

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It varies but generally you need wages in at least 2 quarters and total wages of at least 1.5 times your highest quarter. If you only worked 8 months you might be cutting it close.

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Melissa Lin

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Don't forget about the job search requirements too. Even if you win your appeal, you have to be actively seeking work and document it. Washington ESD requires 3 job search activities per week and you have to keep a log.

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What counts as job search activity?

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Melissa Lin

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Applying for jobs, networking events, job fairs, interviews, career counseling. Has to be verifiable though.

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Romeo Quest

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I had luck with Claimyr too when I needed to talk to Washington ESD about my denial. Much easier than trying to call directly. The phone system there is impossible.

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Val Rossi

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

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Romeo Quest

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It's worth it compared to the time you'd waste trying to get through on your own. Plus if you can get your benefits approved, it pays for itself quickly.

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Eve Freeman

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Also be aware that if you're receiving other benefits like workers comp or disability, that can disqualify you from unemployment. And if you're not a US citizen, there are additional requirements you have to meet.

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What about if you're getting Social Security? Does that count?

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Eve Freeman

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Social Security retirement benefits can reduce your unemployment benefits dollar for dollar in Washington.

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Caden Turner

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The key thing is don't give up after the first denial. A lot of legitimate claims get denied initially and then approved on appeal. Washington ESD seems to deny first and ask questions later sometimes.

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Gabriel Ruiz

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Thanks everyone for all the advice. I think I'm going to try calling them first to understand the denial better, then decide about appealing.

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Good luck! And seriously consider using that Claimyr service if you can't get through. The Washington ESD phone system is brutal.

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Harmony Love

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One more thing - if you do appeal, keep filing your weekly claims even while the appeal is pending. If you win, you'll get back pay for those weeks. If you don't file, you lose those weeks forever.

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Gabriel Ruiz

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Even though I'm denied? Won't that mess things up?

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Harmony Love

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Nope, you should keep filing. It protects your right to those weeks if your appeal is successful.

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Rudy Cenizo

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This is correct. I learned this the hard way when I stopped filing during my appeal and lost 4 weeks of benefits.

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