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Kaitlyn Jenkins

When does an employer have to pay unemployment - confused about Washington ESD employer obligations

I'm trying to understand when my previous employer actually has to pay for my unemployment benefits through Washington ESD. I was laid off from my warehouse job last month and filed my claim, but my manager mentioned something about how they might contest it because of 'costs' to the company. I thought unemployment was automatic if you get laid off? Do employers actually pay my weekly benefits directly or is this handled differently? I'm getting conflicting information and want to understand how this works before my adjudication is completed.

Employers don't pay your weekly benefits directly - they pay into the unemployment insurance system through quarterly taxes. When you file a claim, Washington ESD charges those costs back to your employer's account, which can raise their tax rate for future years. That's probably why your manager mentioned contesting it.

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So they're not writing me a check each week but it still costs them money? That makes more sense why they'd want to fight it.

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exactly, it's all handled through the state but your employer's account gets charged for the benefits you receive

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Your employer pays unemployment insurance taxes on your wages while you're working. When you file a claim, those benefit costs get charged to their account. If they have too many claims, their tax rate goes up. For layoffs, they usually can't successfully contest unless there was misconduct involved.

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this is why some employers try to claim you quit instead of being laid off - they want to avoid the charges to their account

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That's exactly what I was worried about! They better not try to say I quit when I was clearly laid off due to slow business.

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I had a similar situation last year and my employer contested my claim even though it was a clear layoff. Took forever to get through to Washington ESD to explain the situation. Finally used a service called Claimyr that helped me get connected to an actual agent who resolved it quickly. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How long did the whole process take once you got through to someone?

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Once I actually talked to an agent, it was resolved within a few days. The hard part was getting through in the first place!

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Never heard of Claimyr but anything that helps get through to Washington ESD sounds worth trying

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EMPLOYERS WILL CONTEST EVERYTHING!! Mine tried to say I was fired for attendance when I had documented medical issues. It's all about money for them. The unemployment system is set up to favor employers anyway, they rarely have to pay anything significant.

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That's not entirely accurate - employers do pay substantial unemployment taxes, especially those with high claim rates. The system tries to balance protecting workers with keeping costs reasonable for employers.

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Tell that to someone who got denied benefits because their employer lied about the reason for termination!

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my employer told me they dont pay unemployment at all, just the state does?? now im confused

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Your employer pays unemployment insurance taxes quarterly. When you claim benefits, those costs get charged back to their account. So technically the state pays you, but your employer's account gets debited.

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oh ok so like indirect payment. makes sense why they care about claims then

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The key thing to understand is that Washington ESD operates on an experience rating system. Employers with more claims pay higher tax rates. New employers start at a standard rate, then their rate adjusts based on their claim history over time. This creates an incentive for employers to contest claims they think are invalid.

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This is why seasonal employers often have really high rates - lots of layoffs every year

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So if I was legitimately laid off, they probably can't win a contest right? I have the layoff notice in writing.

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With documented layoff due to business reasons, you should be fine. Keep that paperwork handy in case Washington ESD needs it during adjudication.

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I work in HR and can tell you that most employers will at least review every claim before deciding whether to contest. We look at the separation reason, any disciplinary history, and the potential impact on our tax rate. For legitimate layoffs we usually don't contest unless there are unusual circumstances.

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That's reassuring to hear from someone on the employer side. I was worried they'd contest just to be difficult.

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What would be considered 'unusual circumstances' for a layoff?

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Things like if the employee refused offered work, turned down a transfer, or if there were performance issues leading up to the layoff. But pure workforce reduction usually isn't contested.

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Been dealing with Washington ESD for months on a contested claim. My advice - document everything and be prepared to wait. The adjudication process can take weeks even for straightforward cases.

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Weeks? I really need these benefits to start soon. Is there any way to speed it up?

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That's exactly why I mentioned Claimyr earlier - when you can actually talk to an agent instead of waiting for callbacks, things move much faster.

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The whole system is confusing. I thought unemployment was funded by federal taxes but apparently it's mostly state-level employer contributions? And then there are different rates for different industries?

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It's both federal and state. Federal taxes fund administrative costs and extended benefits during recessions. State taxes fund regular benefits and vary by employer experience rating.

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No wonder employers care so much about claims - it directly affects their bottom line

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Quick question - if my employer goes out of business, who pays for unemployment then? This happened to my friend and she was worried about getting benefits.

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The state unemployment trust fund covers benefits when employers can't pay. Your friend should still be eligible as long as the employer was paying unemployment taxes before closing.

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Thanks, I'll let her know she should still file a claim

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I manage payroll and we pay unemployment insurance taxes every quarter based on our total wages. The rate depends on our history with claims. Started at 2.7% for new employers, now we're at 1.8% because we've had very few claims over the years.

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So good employers actually pay less? That seems fair I guess.

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Exactly - it rewards employers who maintain stable employment. Rates can range from under 1% to over 5% depending on claim history.

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WAIT so if I quit my job I can't get unemployment but my employer still has to pay taxes?? That doesn't seem right

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Employers pay unemployment taxes on all wages regardless of how employment ends. The taxes fund the system for everyone who becomes eligible. You can't get benefits if you quit without good cause, but the taxes still get paid.

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oh ok so it's like insurance, everyone pays in but only some people can claim benefits

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My employer actually told me during my exit interview that they wouldn't contest my unemployment claim since it was a legitimate layoff. I thought that was decent of them since I know it costs them money somehow.

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That's good to hear! Maybe my employer will be reasonable too since our layoffs were clearly due to losing a major contract.

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Most employers won't contest legitimate layoffs - it's usually not worth the administrative hassle unless there are serious concerns about the claim.

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Been trying to reach Washington ESD for three weeks about my contested claim. Phone lines are always busy and I never get callbacks. This is ridiculous.

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Seriously check out Claimyr if you need to actually talk to someone. I was skeptical at first but it worked way better than calling directly.

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At this point I'll try anything. The waiting is killing me financially.

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Does anyone know if temporary staffing agencies handle unemployment differently? I was working through a temp agency when my assignment ended.

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The temp agency is your employer for unemployment purposes, not the client company. If they don't have other work available for you, it's usually treated like a layoff.

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Good to know, I was confused about who would be responsible for the claim costs

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The experience rating system makes sense from a policy perspective - employers who create more unemployment should pay more into the system. It's like car insurance rates based on your driving record.

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Except sometimes layoffs aren't the employer's fault - economic downturns, lost contracts, etc. Seems unfair to penalize them for external factors.

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True, but the system needs to be funded somehow and experience rating is better than just flat rates for everyone.

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I work at a nonprofit and we actually opt to pay benefits directly instead of paying insurance taxes. It's called 'reimbursable' status and can be cheaper for organizations with low claim rates.

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So some employers do pay benefits directly? I knew there had to be exceptions to the insurance system.

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Yes, but only certain types of employers can choose this option - nonprofits, government entities, and some others. Most regular businesses have to pay insurance taxes.

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Bottom line - your employer has a financial incentive to contest claims they think are invalid, but legitimate layoffs are usually not worth fighting. Keep your documentation and don't worry too much if you were truly laid off due to business reasons.

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Thanks everyone for all the explanations. I feel much better about my situation now. Going to keep my layoff paperwork handy just in case.

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Good luck with your claim! The adjudication should go smoothly with proper documentation.

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One more thing - even if your employer contests, you can still receive benefits while the issue is being resolved if Washington ESD's initial determination is in your favor. Just be aware you might have to pay back benefits if the decision gets reversed later.

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That's a relief - at least I won't be left with nothing while they sort it out. Thanks for all the help everyone!

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Just make sure to keep filing your weekly claims even during appeals - you can't get paid for weeks you don't claim.

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