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Andre Dupont

Why do employers fight Washington ESD unemployment claims - what's their deal?

I got laid off from my warehouse job last month and filed for unemployment benefits through Washington ESD. Everything seemed straightforward until I got a notice that my former employer is contesting my claim. Now I'm stuck in adjudication and can't get any payments while they sort this out. I don't understand why employers even bother fighting these claims - don't they have to pay into the unemployment system anyway? What do they gain by making it harder for people who legitimately lost their jobs? This is so frustrating because I need these benefits to pay rent while I'm job searching.

Employers pay unemployment taxes based on their experience rating - basically how many former employees have collected benefits. The more claims against them, the higher their tax rate goes up. So they contest claims to keep their rates low, even if it means screwing over people who genuinely need help.

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That makes sense but seems really unfair. I wasn't fired for cause or anything, they just said they were cutting costs.

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Yeah the whole system is set up to protect businesses over workers unfortunately

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Mei Lin

Unfortunately this happens all the time with Washington ESD claims. Employers will contest even legitimate layoffs because it's cheaper for them to fight it than pay higher unemployment taxes. The good news is that if you were truly laid off through no fault of your own, you should win the adjudication process.

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How long does adjudication usually take? I've been waiting 3 weeks already and Washington ESD phone lines are impossible to get through.

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Mei Lin

Can take 4-6 weeks unfortunately. The waiting is the worst part because you can't get any payments during that time.

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I had the exact same situation happen to me earlier this year. My employer contested my claim even though they eliminated my entire department. I couldn't get through to Washington ESD for weeks until someone told me about this service called Claimyr that helps you actually reach an agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works. Game changer for getting through to someone who can explain what's happening with your claim.

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Really? How does that work exactly? I've been calling the main Washington ESD number for weeks with no luck.

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It basically calls for you repeatedly until it gets through to an actual person. Saved me so much time and frustration.

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Sounds too good to be true... how much does something like that cost?

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Employers contest claims because they're cheap and greedy. Period. They'd rather spend money on lawyers than support people they laid off. It's disgusting how the system works.

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This is why we need stronger worker protections. Employers shouldn't be able to contest legitimate layoffs.

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I just want to understand the process better so I know what to expect during adjudication.

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The key thing to remember is that Washington ESD will look at the facts of your separation. If you were laid off due to lack of work or company restructuring, that's typically approved even if the employer contests it. Make sure you document everything about your layoff.

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I have the layoff letter they gave me. Should I send that to Washington ESD?

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Definitely! Any documentation about the reason for your separation helps your case during adjudication.

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same thing happened to my brother, his company contested even though they closed his whole location. took forever but he eventually got approved and got back pay for all the weeks he waited

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That gives me hope. Did he have to do anything special during the process?

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just kept filing his weekly claims and waited it out. the back pay made up for the delay

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Mei Lin

Another factor is that some employers genuinely don't understand the unemployment system. They think contesting every claim protects them legally, when really they should only contest claims where there was misconduct or voluntary quitting.

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My old boss told me he contests all claims because his lawyer said to. Doesn't matter if it's legitimate or not.

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Mei Lin

That's poor legal advice. Frivolous contests can actually work against employers in the long run.

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I'm dealing with a contested claim too. Been trying to reach Washington ESD for over a month with no success. The automated system just hangs up on you after being on hold forever.

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That's exactly why I ended up using Claimyr. The regular phone system is broken. At least with Claimyr you know someone is actually trying to get through for you.

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I might have to look into that. This is ridiculous that we can't even talk to someone about our own claims.

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The unemployment tax system needs major reform. Employers shouldn't be incentivized to fight legitimate claims just to save money on taxes.

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Is there anything being done about this at the state level?

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There have been some proposed reforms but nothing concrete yet. The business lobby is pretty strong.

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Quick tip - make sure you're still filing your weekly claims even during adjudication. If you win your case, you'll get back pay for all those weeks, but only if you filed the claims.

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Yes, I've been doing that. Washington ESD's website makes it pretty clear that you have to keep filing.

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Good! A lot of people stop filing and then lose out on back pay when they win.

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I worked in HR for years and saw this from the employer side. Companies get scared about their unemployment tax rates going up, especially smaller businesses. They often contest claims reflexively without really evaluating if they have a case.

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That's really helpful context. My former employer is a pretty small company so that might explain it.

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Exactly. Larger companies usually have better processes and only contest when there's actual misconduct involved.

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Has anyone actually gotten through to Washington ESD recently? I've been trying for weeks and the phone system seems completely broken.

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Like I mentioned earlier, Claimyr was the only way I could actually reach someone. Their system calls repeatedly until it gets through, then connects you to the agent.

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I'm desperate enough to try anything at this point. Regular calling isn't working.

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For those waiting on adjudication decisions, Washington ESD typically sends a written determination once they make a decision. The employer and employee both get copies, and either party can appeal if they disagree with the decision.

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Do you know if there's a typical timeline for when decisions get made?

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It varies a lot depending on case complexity and current workload, but 4-8 weeks is pretty typical for contested claims.

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The whole system is a joke. Employers pay pennies into unemployment insurance then fight tooth and nail to avoid paying out benefits. Meanwhile workers who paid into the system their whole careers get treated like criminals.

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It definitely feels unfair when you're the one caught in the middle of it.

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At least Washington state is better than some others. I have friends in other states where the benefits are way lower.

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I won my contested claim last year after my employer tried to say I was fired for attendance when I was actually laid off. The key was having documentation of the layoff conversation and email notifications about workforce reductions.

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

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About 6 weeks total, then I got a big chunk of back pay once it was approved. Made the wait worth it.

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Pro tip: if you do get through to Washington ESD, ask them specifically what information they need for your adjudication case. Sometimes they're waiting on specific documentation that you could provide to speed things up.

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That's really smart. I just need to actually reach someone first.

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Yeah, getting through is the hard part. Maybe I should check out that Claimyr thing too.

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employers contest claims because the unemployment system lets them. there should be penalties for frivolous contests but there arent

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Agreed. If employers had to pay a fee for unsuccessful contests, they'd be more selective about which ones to fight.

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That would make a lot of sense. Right now there's no downside for them to contest everything.

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Keep your chin up OP. I know it's stressful waiting for the adjudication decision, but if you were legitimately laid off, you should win your case. The system is slow but it generally works correctly in the end.

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Thanks, I really needed to hear that. The uncertainty is the worst part.

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Hang in there! The back pay makes up for the delay once everything gets sorted out.

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I used to work for an employment law firm and saw this constantly. Employers contest claims even when they know they'll lose because the delay saves them money in the short term. It's a calculated business decision that unfortunately hurts workers.

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Wow, so they know they're going to lose but contest anyway? That's really messed up.

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Unfortunately yes. The cost-benefit analysis often favors contesting even weak cases because of the delay it creates.

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Update on my situation - I finally got through to Washington ESD using that Claimyr service someone mentioned earlier. The agent explained exactly where my case stands in the adjudication process and what to expect next. Definitely worth checking out if you're stuck like I was.

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That's awesome! What did they tell you about your case timeline?

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They said decisions are taking about 5-6 weeks right now and mine should be resolved within the next 2 weeks. Finally have some answers!

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I'm definitely going to try Claimyr too. Been calling Washington ESD for weeks with no success and it's driving me crazy not knowing what's happening with my case. Thanks for sharing your update!

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