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Lucas Lindsey

Why do employers deny unemployment benefits in Washington ESD?

I got laid off last month from my restaurant job and filed for unemployment through Washington ESD. Now my former employer is fighting my claim saying I was fired for cause, but that's not true at all. They're claiming I was always late and had attendance issues, which is complete BS. I was a good employee for 2 years. Why would they even bother denying my unemployment? What do they gain from this? Has anyone else dealt with employers lying to Washington ESD about why you left?

Employers contest unemployment claims to keep their UI tax rates low. Every approved claim against them raises their experience rating, which means higher taxes. It's all about money, not whether you actually deserve benefits.

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That's so messed up. So they'd rather lie and make me suffer than pay a little more in taxes?

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Yep that's exactly it. The system is designed to protect employers not workers unfortunately

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You need to gather any evidence you have - timesheets, performance reviews, text messages, emails. Washington ESD will schedule a fact-finding interview where both you and your employer present evidence. Don't let them get away with false accusations.

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I have my schedule from the app we used and some text messages from my manager. Will that help prove I wasn't chronically late?

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Absolutely! Print everything out and organize it by date. The more documentation you have, the better your case.

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I went through this exact same thing last year. My employer claimed I quit when I was actually laid off due to slow business. It took forever to get through to someone at Washington ESD to explain my side. Have you tried calling them yet?

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I've been trying to call for days but can't get through. The phone just rings busy or disconnects me.

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I had the same problem until someone told me about Claimyr. It's a service that helps you get through to Washington ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

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Never heard of that before. Does it actually work or is it some kind of scam?

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employers do this crap all the time!! my last boss tried to say i stole money when all i did was give a customer the wrong change by accident. they'll make up anything to avoid paying unemployment taxes

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That's terrible. Did you fight it?

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yeah i appealed and won but it took 3 months to get my money. so stressful

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The key thing to understand is that in Washington, you're entitled to benefits unless the employer can prove misconduct. Being occasionally late isn't usually enough for misconduct unless there were multiple warnings and documentation. The burden of proof is on them.

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That makes me feel better. I was never written up for attendance and my manager even complimented my work ethic in my last review.

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Make sure you mention that in your interview! Performance reviews are great evidence.

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Some employers have policies to automatically contest every unemployment claim regardless of the circumstances. It's cheaper for them to pay their lawyer to fight it than to let their UI taxes go up.

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How is that even legal? That seems like fraud to me.

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It should be illegal but the system allows it. That's why you need to be prepared to fight back with evidence.

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I'm dealing with this right now too. My employer is saying I abandoned my job when I was actually in the hospital. Washington ESD scheduled a phone hearing for next week and I'm terrified.

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Bring medical records to prove you were hospitalized. That's not job abandonment, that's a medical emergency.

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I have discharge papers. Hope that's enough proof.

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If you need help reaching Washington ESD before your hearing to ask questions, try that Claimyr service I mentioned. They helped me talk to an actual person instead of waiting on hold forever.

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What really pisses me off is how employers can just lie with no consequences. Meanwhile we have to jump through hoops to prove we deserve benefits we already paid into.

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EXACTLY! The whole system is rigged against workers.

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Unfortunately that's the reality. But don't give up - most workers who appeal with good evidence end up winning.

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Document everything from now on if you get another job. Keep copies of schedules, emails, performance reviews, anything that shows you're a good employee. Learned this the hard way.

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Good advice. I never thought I'd need to protect myself like that but obviously I was wrong.

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Trust me, it's better to have documentation you don't need than to need documentation you don't have.

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My sister went through this at her retail job. The manager claimed she was rude to customers but she had commendation letters from customers praising her service. She won the appeal easily.

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I wish I had customer letters. Do you think coworker statements would help?

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Definitely! If coworkers are willing to vouch for your work ethic and attendance, that carries weight.

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The restaurant industry is notorious for this. They have high turnover and treat employees like garbage, then fight unemployment claims to save money. Stay strong and fight it.

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Yeah, the restaurant business is brutal. I'm thinking about switching to a different industry after this.

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Good idea. You deserve better treatment than this.

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How long does the appeals process usually take with Washington ESD? I might need to go through this myself soon.

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Initial determination usually takes 2-4 weeks after they interview both parties. If you appeal that decision, it can take 6-8 weeks for a hearing.

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That's a long time to wait for money when you have bills to pay.

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That's why it's important to get your case heard quickly. If you need to talk to Washington ESD about your timeline, definitely try Claimyr to get through faster.

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I used to work in HR and I can tell you that some companies have quotas for how many unemployment claims they contest. It's disgusting but it's reality.

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Quotas?! That's insane. How is that not considered bad faith?

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It should be, but there's no real oversight. Companies know most people won't fight back so they contest everything.

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Whatever you do, don't give up on filing your weekly claims while this is being sorted out. You can still claim the weeks even if your initial claim is under review.

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Good point, I wasn't sure about that. I'll keep filing my weekly claims.

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Yes, always keep filing. If you win your appeal, you'll get backpay for all those weeks.

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The fact that employers can delay your benefits by lying is proof the system needs reform. We shouldn't have to fight for benefits we earned.

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Couldn't agree more. The whole system protects employers over workers.

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its all about money. companies dont care if we can pay rent or buy food

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Make sure you write down exactly what happened when you were let go. Include dates, times, who was present, what was said. Memory fades but written records don't.

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I should have done that right away. I'll write down everything I remember now before I forget more details.

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Better late than never. Even if some details are fuzzy, write what you remember.

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Does anyone know if you can get legal help for unemployment appeals? This seems too complicated to handle alone.

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You can hire a lawyer but most unemployment cases don't require one if you have good documentation. Legal aid might help if you qualify.

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Thanks, I'll look into legal aid options in my area.

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I beat my employer's false claim by bringing in my badge swipe records that proved I was on time. Your restaurant might have similar records you can request.

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That's smart! We didn't have badge swipes but we did clock in on a tablet. I wonder if I can get those records.

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Worth asking for them. Companies have to keep employment records for several years.

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The most important thing is to participate in your fact-finding interview when Washington ESD calls. Don't miss that call or you'll lose by default.

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When do they usually call? I don't want to miss it.

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They'll send you a notice with the date and time. Usually within 1-2 weeks of the employer's protest. Keep your phone on!

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And if you do miss the call, you can request to reschedule, but it's better not to miss it in the first place.

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Update us on how it goes! We're all rooting for you to beat these lying employers.

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Thanks everyone for the support and advice. I feel much more confident about fighting this now. I'll definitely update when I hear something.

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Good luck! Don't let them intimidate you.

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