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Shelby Bauman

Why would I be disqualified for unemployment in Washington - need help understanding

I just got a determination letter from Washington ESD saying I'm disqualified for unemployment benefits but I don't really understand why. The letter mentions something about 'voluntary quit without good cause' but I left my job because my manager was making the work environment hostile and I couldn't take it anymore. I thought that would count as a good reason? I've never filed for unemployment before so I'm really confused about what this means and if I can do anything about it. Has anyone else dealt with this kind of disqualification?

Unfortunately Washington ESD has pretty strict rules about voluntary quits. You need to prove you had 'good cause attributable to the employer' which is different from just having a bad work situation. Hostile work environment can qualify but you need documentation - emails, witness statements, HR complaints, etc. Did you file any formal complaints before quitting?

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No I didn't file anything formal, I was too scared of retaliation. I just have text messages complaining to my friends about it.

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Text messages won't be enough unfortunately. You'll need more concrete evidence if you want to appeal this decision.

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same thing happened to me when i quit my retail job because they kept changing my schedule last minute. apparently that's not considered good cause either even though it made it impossible to arrange childcare

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That's so frustrating! The system seems designed to deny people who actually need help.

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Schedule changes can actually qualify as good cause if they're substantial and you can prove you tried to work with your employer first. Did you document your attempts to resolve it?

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You can definitely appeal this decision! You have 30 days from the date on the determination letter to file an appeal. The key for hostile work environment claims is showing you made reasonable efforts to address the situation before quitting. Even without formal HR complaints, you might be able to build a case with witness testimony from coworkers who observed the behavior.

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How do I even start the appeal process? Do I need a lawyer?

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You don't need a lawyer but it helps to be prepared. File the appeal online through your SecureAccess Washington account, then gather any evidence you have. The hearing will be over the phone.

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I was in a similar situation last year and couldn't get through to Washington ESD to discuss my disqualification. Spent weeks calling and either got busy signals or was hung up on after being on hold for hours. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at Washington ESD within a day. They have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Game changer for actually talking to someone who could explain my options.

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That sounds too good to be true, how much does it cost?

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It's worth it just to avoid the phone hell. I was able to get clarity on my disqualification and learned about appeal options I didn't know existed.

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I've heard good things about Claimyr too. My cousin used them when her claim got stuck in adjudication for months.

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THE SYSTEM IS RIGGED AGAINST WORKERS!!! They make it so hard to get benefits even when you pay into the system for years. I got disqualified for 'misconduct' because I was 5 minutes late three times due to bus delays. FIVE MINUTES!!! How is that misconduct?

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I feel your frustration but attendance issues can be considered misconduct under Washington law if there's a pattern and you were warned.

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Still think it's BS. What about people who don't have cars and rely on public transit? We're automatically penalized.

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wait so you can get disqualified even if you quit for a good reason? that doesn't make sense

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You can quit for good cause and still get benefits, but Washington ESD has specific criteria for what counts as good cause. It's not just any reason you think is good.

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oh ok that makes more sense i guess

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Here are the main reasons Washington ESD disqualifies people: 1) Voluntary quit without good cause 2) Discharged for misconduct 3) Refusing suitable work 4) Not able and available for work 5) Not actively seeking work. For hostile work environment, you need to show the employer created intolerable working conditions AND that you made reasonable efforts to resolve the situation before quitting.

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What counts as 'reasonable efforts' though? I did try talking to my supervisor but she was part of the problem.

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Going above your supervisor to their manager or HR would be considered reasonable effort. Just talking to the person causing the problem usually isn't enough.

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I successfully appealed a disqualification last year! The key is being prepared for your hearing and having your facts straight. Write down a timeline of events, gather any evidence you have, and practice explaining your situation clearly. The administrative law judge will ask specific questions about why you quit and what you tried to do to keep your job.

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How long did the appeal process take for you?

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About 6 weeks from filing to the hearing, then another 2 weeks for the decision. It was worth the wait though - I got all my back benefits.

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Don't give up! I know someone who got disqualified initially but won on appeal. The first level review is often just a box-checking exercise. The hearing is where you actually get to tell your story to someone who listens.

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That gives me hope. I was starting to think I had no chance.

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Another thing to consider - even if you lose the appeal, you might still be able to get benefits later if you serve a disqualification period. Some disqualifications are temporary, not permanent.

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How long are the disqualification periods usually?

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For voluntary quit without good cause, it's typically until you earn 10 times your weekly benefit amount at a new job, or 7 weeks, whichever is longer.

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i got disqualified for refusing a job but the job was 2 hours away and paid less than my last job. apparently that's still considered 'suitable work' according to washington esd

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Commute time and pay reduction are factors in determining suitable work. If the commute is unreasonable or the pay is significantly lower than your previous job, you might have grounds to appeal that too.

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wish i had known that before. too late now i think

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Reading through all this makes me realize how complicated the unemployment system is. I thought if you lost your job you just got benefits automatically. There are so many ways to get disqualified that regular people don't know about.

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That's exactly why it's important to understand the rules before you file. Many disqualifications could be avoided with better preparation.

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Has anyone tried calling Washington ESD to get clarification on their disqualification? I've been trying for weeks but can never get through. The phone system is absolutely terrible.

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That's exactly why I ended up using Claimyr. Saved me hours of calling and actually got me connected to someone who could help explain my situation.

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I might have to try that. This is so frustrating.

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Make sure you keep filing your weekly claims even while your appeal is pending! A lot of people don't know this and lose out on benefits if they win their appeal. You can't get back payments for weeks you didn't file.

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Wait really? Even if I'm disqualified I should keep filing weekly claims?

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Yes! It keeps your claim active. If you win your appeal, you'll get paid for all those weeks. If you don't file, you lose those weeks forever.

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The hostile work environment standard is really high in Washington. I had a manager who was verbally abusive, made inappropriate comments, and created a toxic workplace. I documented everything, filed HR complaints, and still initially got denied. Won on appeal though because I had all that documentation.

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What kind of documentation helped you the most?

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Email records, written HR complaints, witness statements from coworkers, and a detailed timeline of incidents. The more official documentation the better.

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does anyone know if you can get free legal help for unemployment appeals? i can't afford a lawyer but this seems too complicated to handle alone

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Some legal aid organizations help with unemployment appeals, and there are self-help resources on the Washington courts website. You don't necessarily need a lawyer if you're prepared and have your facts straight.

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ok thanks i'll look into legal aid options

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The appeal hearing isn't as scary as it sounds. It's just you, the employer's representative (if they show up), and the judge on a conference call. You get to tell your side of the story and answer questions. Just be honest and factual.

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Do employers usually participate in the hearings?

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In my experience about half the time they show up. If they don't, you have a better chance of winning because you're the only one presenting evidence.

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Remember that even if you lose your initial appeal, you can appeal to the Board of Appeals and then to superior court. Don't give up after the first level if you really believe you're right.

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How many levels of appeal are there?

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Three levels: Administrative Law Judge hearing, Board of Appeals review, then superior court. Most cases are resolved at the first level though.

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Whatever you decide to do, don't wait too long. That 30-day deadline for appeals is firm. Washington ESD doesn't usually grant extensions even if you have a good excuse for being late.

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Thanks for the reminder. I need to make a decision soon. This thread has been really helpful in understanding my options.

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Good luck with whatever you decide. Even if the appeal seems challenging, it's often worth trying if you believe you were wrongly disqualified.

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