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Issac Nightingale

Why would an employer fight an unemployment claim - Washington ESD keeps asking for more info

My former employer is fighting my unemployment claim and I don't understand why. I was laid off from my restaurant job in November due to slow business, but now Washington ESD keeps sending me requests for more documentation. They want employment records, schedules, and even want to interview my old manager. I thought layoffs were pretty straightforward for unemployment. Why would a company waste time and money fighting a claim when they clearly let me go for business reasons? This is dragging out my claim for weeks now and I'm getting desperate for benefits.

Employers fight claims to keep their unemployment tax rates low. Every approved claim increases their tax burden with Washington ESD, so they have financial incentive to contest claims even when they seem legitimate.

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That's so messed up. I wasn't even fired for misconduct or anything, just straight up laid off.

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Unfortunately it's pretty common in the restaurant industry. They'll claim you quit or were fired for cause to avoid paying higher taxes.

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There are several reasons employers contest unemployment claims. Most common is they claim you were fired for misconduct instead of laid off, or they say you quit voluntarily. Some employers also contest claims if they think you're not actively looking for work or if there's any discrepancy in your employment dates.

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How can they claim I quit when I have the layoff notice? This is ridiculous.

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Keep all your documentation. If you have a layoff notice, that's strong evidence in your favor during the adjudication process.

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I had a similar situation last year where my employer contested my claim. Took forever to get through Washington ESD's adjudication process because I couldn't reach anyone to explain my side. Finally used Claimyr.com to get through to an actual agent who helped resolve it quickly. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that cost? I'm already strapped for cash waiting for these benefits.

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Way cheaper than losing weeks of benefits while waiting. The service gets you connected to Washington ESD agents who can actually move your case forward.

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Never heard of that service but might be worth looking into. I've been trying to call Washington ESD for days.

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EMPLOYERS ALWAYS LIE!! They'll say anything to avoid paying unemployment taxes. I got fired from my warehouse job and they claimed I was stealing when I wasn't. Had to fight it for months!!!

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Not all employers lie, but many do contest claims they know are valid just to delay payments and hope claimants give up.

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Well mine definitely lied. Cost me thousands in delayed benefits while I fought their bogus misconduct claim.

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Restaurant managers get bonuses for keeping unemployment claims low. I worked in food service management for years and saw this happen constantly. They'll claim you were a no-call no-show even when you were legitimately laid off.

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That explains so much. My manager seemed really uncomfortable when they laid me off, kept asking weird questions about my availability.

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Yep, they're probably coaching managers on how to document layoffs to make them look like quits or fires.

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The key thing is that Washington ESD has to investigate contested claims thoroughly. They can't just take the employer's word for it. Make sure you respond to every request for information promptly and provide clear documentation of your layoff.

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I've been sending everything they ask for but it feels like they keep finding new things to investigate.

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That's frustrating but normal for contested claims. The adjudication process is thorough but it protects you from false employer claims.

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same thing happened to me at my retail job. manager claimed I was fired for being late but I was actually laid off due to hour cuts. took 6 weeks to get it sorted out

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How did you finally get it resolved? I'm worried this is going to drag on forever.

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Had to provide my work schedule showing reduced hours and eventually got through to someone at Washington ESD who could see the truth.

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Some employers also contest claims if they're planning to call you back to work soon. They think if they can delay your unemployment benefits, you'll be more likely to accept recall when business picks up.

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They haven't said anything about calling me back though. Business has been slow for months.

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They might be hoping the busy season will start soon. Restaurants do this all the time during slow periods.

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Document everything from your employment. Pay stubs, schedules, any written communication about the layoff. Washington ESD will want to see proof that contradicts whatever story your employer is telling.

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I have most of my pay stubs but not all of them. Will that hurt my case?

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Get what you can. Even partial documentation is better than nothing, and it shows you're being honest about your employment.

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If you're still having trouble reaching Washington ESD agents, definitely check out that Claimyr service I mentioned earlier. It's specifically designed for people stuck in adjudication who can't get through the phone system.

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I looked into Claimyr after reading your comment and it actually worked! Got connected to an agent within hours instead of days of calling.

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Okay that's two people recommending it now. Might be worth trying since I can't get through on my own.

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Another reason employers contest claims is if they think you might be working somewhere else while collecting benefits. They'll report suspected fraud to Washington ESD which triggers an investigation.

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I'm not working anywhere else. Is that something I need to prove somehow?

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Just be honest on your weekly claims and report any income accurately. That's usually enough to show you're not committing fraud.

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honestly some employers just contest claims out of spite. had a boss who was mad when I left and tried to claim I quit without notice when I actually gave two weeks

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People can be so petty. It's costing me money while they play games with my livelihood.

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Yeah it's really unfair but that's why Washington ESD has the adjudication process to sort out the truth from employer lies.

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Keep in mind that if Washington ESD finds in your favor after the investigation, you'll get all the back benefits you're owed. It's frustrating to wait but you won't lose money if you're legitimately entitled to benefits.

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That's reassuring. I was worried I'd lose weeks of benefits just because my employer decided to be difficult.

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Nope, you'll get retroactive payments back to your claim date once it's approved. Just keep filing your weekly claims during the investigation.

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My sister went through this exact same thing with her restaurant job. Employer claimed she quit but she was clearly laid off. Took about a month to resolve but she got all her back pay once Washington ESD finished investigating.

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A month?! I don't know if I can wait that long without income.

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I know it's rough but hang in there. The system is slow but it usually works out fairly in the end.

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One thing that might help is if you can get statements from coworkers who were also laid off around the same time. That would support your version of events and show it was a legitimate business decision.

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Good idea! Two other servers were laid off the same week as me. I'll reach out to them.

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Perfect. Having multiple people verify the same layoff story will strengthen your case significantly.

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This is why I hate the unemployment system. Employers get away with lying and honest workers suffer. Meanwhile Washington ESD takes forever to sort anything out.

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The system isn't perfect but it does protect workers from false employer claims. Just takes time unfortunately.

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Time I don't have when I'm trying to pay rent and buy groceries. This process needs to be faster.

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Make sure you're checking your Washington ESD account regularly for any new requests for information. Missing a deadline because you didn't see a message can really hurt your case.

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I've been checking it daily. They seem to ask for something new every few days.

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That's normal for contested claims. They're being thorough to make sure they have all the facts before making a decision.

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If this goes to a hearing, you'll want to be prepared with all your documentation organized and ready to present. Most people don't realize hearings are actually pretty informal and you can represent yourself.

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A hearing? I hope it doesn't come to that. This is already stressful enough.

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Most cases get resolved before hearing stage. But if it does happen, don't panic - just tell the truth and present your evidence.

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Seriously though, that Claimyr service was a game changer for me. I was stuck in adjudication for over a month until I used it to actually talk to someone at Washington ESD who could explain what was happening with my claim.

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Alright, you've convinced me. I'll check out their website and see if it can help me get some answers.

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Let us know how it goes! Always interested to hear about services that actually help people navigate the unemployment system.

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Just remember that even if your employer is fighting the claim, you're still required to do your job search activities and file weekly claims. Don't let the investigation stop you from meeting those requirements.

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Yeah I've been keeping up with my job search log and filing weekly. Don't want to give them any reason to deny benefits later.

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Smart approach. Stay compliant with all the requirements while the investigation plays out.

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Hang in there. I know it's frustrating but contested claims do get resolved eventually. The important thing is that you were legitimately laid off and have documentation to prove it.

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Thanks for the encouragement. This whole process is way more complicated than I expected when I first filed.

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Yeah the unemployment system can be overwhelming, especially when employers throw wrenches into the process. But justice usually prevails in the end.

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