Why would an employer appeal unemployment benefits - Washington ESD denied my claim

Employers appeal unemployment claims for several reasons. Most commonly it's to avoid having their UI tax rate increased. When former employees collect benefits, it can raise the employer's unemployment insurance tax burden. They might also dispute the circumstances of your separation - claiming you quit voluntarily or were terminated for misconduct.

That makes sense about the tax rate. I definitely didn't quit though - they eliminated my entire department. Should I be worried about the hearing?

If you have documentation showing it was a layoff, you should be fine. Gather any emails, termination letters, or layoff notices you received.

This happened to me last year. My employer claimed I was fired for attendance issues even though I was never written up. Turns out they appeal almost every claim automatically to try to save money on their unemployment taxes. It's pretty common unfortunately.

Did you win your hearing? I'm getting really stressed about having to go through this process.

Yes, I won because I had email proof showing my absences were approved by my supervisor. The key is having documentation.

How long did the whole hearing process take? I'm waiting for mine to be scheduled.

I've been trying to get through to Washington ESD for weeks about my own appeal situation but their phone lines are always busy. Has anyone found a way to actually talk to someone there? I need to ask about submitting additional evidence before my hearing.

I had the same problem until I found claimyr.com - it's a service that helps you get through to Washington ESD agents. They have a system that calls repeatedly until they connect you. There's even a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.

That sounds too good to be true. How much does it cost?

It was worth it for me since I was spending all day trying to call. Much better than listening to busy signals for hours.

Employers also appeal when they think someone quit but didn't explicitly say so. Like if you stopped showing up to work or refused assignments. They'll argue it was job abandonment rather than a layoff.

None of that applies to me. I worked right up until my last day and they gave us 2 weeks notice about the layoffs.

Then you should be fine. Keep all your paperwork from the layoff - termination letter, final paycheck stub, anything showing it wasn't for cause.

THE WHOLE SYSTEM IS RIGGED!! Employers know most people won't fight the appeal so they do it automatically. They figure if even 20% of people don't show up to the hearing they'll save money on taxes. It's disgusting how they treat workers.

I mean, I get being frustrated, but employers do have legitimate reasons sometimes. If someone was actually fired for cause they shouldn't get benefits.

Yeah but most of these appeals are bogus and they know it. They're just trying to intimidate people into not collecting what they're owed.

This is making me even more nervous about the hearing. What if they lie about why I was laid off?

Don't panic about the hearing. Washington ESD administrative law judges are pretty fair in my experience. Just bring your documentation and tell the truth. If it really was a layoff due to budget cuts, you'll likely win.

Thank you, that's reassuring. Do I need a lawyer for the hearing?

You can have one but it's not required. Most people represent themselves successfully. The process is designed to be accessible.

I work in HR and can tell you that some companies have policies to appeal every single unemployment claim regardless of circumstances. It's awful but true. They figure the cost savings on unemployment taxes outweighs the bad publicity.

That's horrible. How is that even legal?

It's legal because employers have the right to contest claims. The system assumes they'll only do it when justified, but some abuse it.

This is why I always document everything at work. You never know when you'll need proof later.

Another reason employers appeal is if they think you're working while collecting benefits. They might have seen your LinkedIn activity or heard you were job hunting and assume you're hiding income.

I've been job searching like I'm supposed to for the work search requirement. That's not the same as working.

Exactly, but some employers don't understand the difference. They see job search activity and think you must be employed.

I had a friend whose employer appealed because they claimed she violated company policy in her last week. Total BS - they were just trying to avoid paying higher unemployment taxes. She won at the hearing but it was stressful.

How did she prepare for the hearing?

She gathered all her performance reviews, emails with her supervisor, and the company handbook to show she didn't violate any policies.

Sometimes it's just miscommunication between HR and managers. The manager reports someone as terminated for cause when it was really a layoff, and HR files the appeal based on wrong info.

Could that be what happened in my case? Should I contact my old supervisor?

It's possible. If you have a good relationship with your former supervisor, they might be willing to testify or provide a statement about the layoff.

For anyone struggling to reach Washington ESD about appeal questions, I recently used a callback service that actually worked. It's called Claimyr and they handle the calling for you until they get through. Found it at claimyr.com and it was way better than spending all day redialing.

Did they actually get you connected to a real person?

Yes, within a few hours. I was able to ask about my hearing date and get clarification on what documents to bring.

The timing of appeals is suspicious too. They often wait until right before the deadline to file, hoping you won't have time to prepare properly for the hearing.

Is there a deadline for when they have to file the appeal?

Yes, they typically have 30 days from when Washington ESD approves your claim. After that they can't appeal unless there are special circumstances.

Just remember that the burden of proof is on the employer during the appeal. They have to show you were fired for misconduct or quit voluntarily. If they can't prove it, you keep your benefits.

That makes me feel better. I know I was laid off so they shouldn't be able to prove otherwise.

Exactly. Stay calm and stick to the facts during your hearing.

I went through this same thing 6 months ago. My employer claimed I was fired for poor performance but I had recent performance reviews showing satisfactory work. Won my appeal easily once I showed the evidence.

How long did it take to get your benefits reinstated after winning?

About 2 weeks after the hearing decision. They also paid me for the weeks I missed while the appeal was pending.

One more thing - make sure you continue filing your weekly claims even during the appeal process. If you win, you'll get paid for those weeks retroactively.

Good point, I was wondering about that. Should I keep doing my job search activities too?

Yes, keep meeting all the requirements as if you're still eligible. Better to be prepared than miss out on benefits.

The whole appeal process usually takes 4-6 weeks from start to finish. The hearing itself is typically scheduled within 2-3 weeks of the appeal being filed.

Thanks everyone for all the advice. I feel much more prepared now for dealing with this appeal.

Good luck with your hearing! Remember to stay calm and present your facts clearly.

I went through a similar situation last year when my employer appealed my unemployment claim after a restructuring layoff. It turned out they were automatically appealing all claims as part of their cost-cutting strategy, even though they knew the layoffs were legitimate. The most important thing is to gather all your documentation - layoff notices, emails about the restructuring, anything that shows it wasn't your fault. I also reached out to former coworkers who were laid off at the same time to see if they'd be willing to be witnesses if needed. The hearing itself was pretty straightforward - the judge asked questions about the circumstances and I just told the truth. I won and got my benefits reinstated with back pay for the weeks I missed during the appeal. Don't let them intimidate you - if you were truly laid off due to budget cuts, you have a strong case.

I'm dealing with a similar appeal situation right now and this thread has been incredibly helpful. My employer also appealed after what was clearly a layoff due to company downsizing. From what I'm reading here, it sounds like many companies do this automatically to try to reduce their unemployment tax burden, even when they know the layoff was legitimate. I've been stressed about the hearing but seeing all these success stories where people won with proper documentation gives me hope. I've saved all my emails about the layoff announcement and my termination letter, so I think I should be in good shape. It's frustrating that we have to go through this extra step when we're already dealing with being unemployed, but at least the process seems fair if you have your facts straight.