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Freya Larsen

Why do employers not want you to get Washington ESD unemployment benefits?

I got laid off from my warehouse job last month and when I filed for unemployment, my former employer contested my claim. Now I'm stuck in adjudication and can't get any benefits while they investigate. I don't understand why my employer would fight this - I wasn't fired for cause, just laid off due to budget cuts. Why do employers not want you to get unemployment? Is this normal? I'm really struggling financially and don't know what to do while Washington ESD sorts this out.

Employers contest claims because it affects their unemployment insurance tax rate. When former employees collect benefits, the employer's account gets charged and their tax rate can go up. It's basically about money - they're trying to keep their costs down.

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That's so messed up. I worked there for 2 years and never had any issues. Now they're trying to prevent me from getting help when I need it most.

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unfortunately this is really common, especially with larger companies that have HR departments focused on minimizing these costs

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I went through the same thing last year. My employer claimed I was fired for attendance issues even though I was actually laid off. The adjudication took forever and I almost lost my apartment waiting for it to be resolved. You need to gather any documentation you have about your layoff - emails, termination letter, anything that shows it wasn't for cause.

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I have the email about the layoffs but it's pretty vague. Should I try to get something more official from HR?

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Yes, definitely. Also try to get contact info for coworkers who were laid off at the same time - they can be witnesses if needed.

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Have you tried calling Washington ESD to check on your adjudication status? I know the phone lines are always busy but sometimes you can get an update on what's holding things up. There's actually a service called Claimyr (claimyr.com) that can help you get through to an agent faster - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

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I've tried calling but can never get through. I'll check out that Claimyr thing - anything to avoid sitting on hold for hours.

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Wait, you have to pay for that service? Seems like they're profiting off people's desperation to reach Washington ESD.

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I get the skepticism but when you're facing eviction and can't get through to ESD for weeks, it's worth it. The service actually works.

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Employers also contest claims because they don't want to set a precedent. If they let one person collect without fighting it, they think it makes them look bad when they contest future claims. It's all about their bottom line, not what's right for the employee.

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This is exactly why we need stronger worker protections. Companies shouldn't be able to just lie about why someone was terminated.

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It feels like the system is rigged against workers. We pay into unemployment insurance our whole careers and then can't access it when we need it.

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ive been through this 3 times with different employers. They always try to claim misconduct or poor performance even when its clearly a layoff. Last time I had to do a phone hearing and everything. The good news is that if your layoff was legitimate, you'll usually win the appeal.

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How long did the whole process take? I'm already a month in and getting desperate.

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about 6-8 weeks total including the hearing. It sucks but hang in there

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That's way too long. People need money NOW not in 2 months.

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Another thing to consider - some employers have automatic policies to contest all claims, especially big corporations. They figure they'll win some cases and save money overall, even if they lose others. It's just a numbers game to them.

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My old company had this policy. They contested everything automatically and then let the lawyers sort it out. Didn't matter if it was a clear layoff.

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That's exactly what I think happened to me. The company does a lot of layoffs and probably contests everything as standard practice.

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You should also know that even if they contest your claim, if Washington ESD finds in your favor, you'll get back pay for all the weeks you've been waiting. Keep filing your weekly claims even during adjudication - just mark that you're not working and looking for work.

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I've been doing that but it's frustrating to keep certifying with no money coming in. At least I'll get back pay if I win.

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Make sure you're keeping track of all your job search activities too. Washington ESD requires documentation of your job search.

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I used to work in HR and can tell you that some companies have quotas for how many claims they contest. They literally have targets for denying unemployment benefits. It's disgusting but that's how corporate America works.

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That makes me so angry. These are people's lives they're messing with, not just numbers on a spreadsheet.

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This is why I always tell people to document everything at work. You never know when you'll need to prove what really happened.

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same thing happened to me but I was able to get through to someone at Washington ESD using that claimyr service someone mentioned earlier. The agent told me exactly what documents I needed to submit to speed up my case. Worth checking out if you're stuck.

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I'm definitely going to try that. I need to know what's going on with my case instead of just sitting here waiting.

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

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It's not free but honestly getting my case resolved faster was worth it. Better than waiting months and potentially losing my housing.

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The worst part is that legitimate workers get caught up in this system while people who actually committed misconduct sometimes still get benefits. The whole thing is backwards.

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Yeah it feels like I'm being punished for being honest. Maybe I should have just said I quit instead of explaining it was a layoff.

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No, don't do that! If you lie on your application and they find out, you could be disqualified permanently and have to pay back benefits.

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Keep in mind that during adjudication, you should still be looking for work and keeping records. If you get approved, they'll want to see that you've been actively seeking employment the whole time.

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I've been applying to jobs but it's hard to stay motivated when you don't know if you'll get any income. Thanks for the reminder about keeping records.

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Make sure you're logging everything in WorkSourceWA too. Washington ESD can check that system.

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Also remember that if your employer's contest is found to be frivolous, they can face penalties. Washington ESD doesn't like when companies waste their time with bogus claims.

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I hope they get penalized if they're lying about why I was terminated. This whole situation is so stressful.

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Unfortunately those penalties are pretty rare. Most companies know exactly how to walk the line without getting in trouble.

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Try to get in touch with any coworkers who were laid off at the same time. If multiple people were let go, it's harder for the company to claim it was performance-related.

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Good idea. There were about 8 of us laid off that day. I still have contact info for a few of them.

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That's perfect. Group layoffs are almost never contested successfully unless there's clear evidence of misconduct.

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The system is designed to make it as hard as possible for workers to get benefits. Between the confusing application process, the long wait times, and employers fighting everything, it's no wonder so many people give up.

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I'm trying not to give up but it's really hard when you have bills to pay and no income coming in.

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Hang in there. Most legitimate layoff cases do get approved eventually, even if it takes time.

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One more thing - if you do have to go to a hearing, be prepared to present your case clearly. Have all your documents organized and be ready to explain exactly what happened. Don't let them intimidate you.

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I really hope it doesn't come to a hearing but I'll start organizing my paperwork just in case.

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Hearings aren't as scary as they sound. It's usually just a conference call with an administrative judge. Just stick to the facts.

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This whole thread makes me realize how broken the unemployment system is. People who've paid into it for years can't access it when they need it most because employers want to save a few dollars on taxes.

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Exactly. We pay into this system expecting it to be there when we need it, but then have to fight tooth and nail to get benefits.

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It's like health insurance - you pay premiums but then they try to deny every claim. Same mentality.

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Good luck with your case OP. It's frustrating but don't give up. Most people who were legitimately laid off do eventually get their benefits approved.

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Thanks everyone for all the advice and support. It helps to know I'm not alone in dealing with this. I'll keep fighting and hopefully get this resolved soon.

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Keep us updated on how it goes! This kind of information helps other people going through the same thing.

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I'm going through something similar right now - my employer is claiming I violated company policy when I was actually part of a restructuring layoff. It's been 6 weeks and I'm running out of savings. The stress of not knowing when (or if) you'll get approved is almost worse than being unemployed. Have you considered reaching out to any local legal aid organizations? Some offer free consultations for unemployment disputes and might be able to help you navigate the process or identify if your employer is making false claims.

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