Will ESD deny benefits for unintentional policy violation after wrongful termination?

ESD investigates every claim where the separation reason is contested. They'll contact both you and your employer for a fact-finding interview. For policy violations, they look at whether it was intentional misconduct or an honest mistake. A one-time unintentional error usually doesn't qualify as misconduct under ESD rules. Make sure you clearly explain during your interview that this was: 1) A single incident 2) Unintentional 3) Not part of a pattern of behavior Also mention your clean disciplinary record. Document everything, including any performance reviews that show you were a good employee.

i got fired for something similar at my warehouse job (used the forklift when i wasnt supposed to) and ESD still approved my benefits. they said since it was just ONE time and not a pattern of behavior it wasnt misconduct. took like 3 weeks to get approved tho ugh

I WENT THROUGH THIS EXACT THING LAST YEAR! My employer tried to deny my benefits claiming I was terminated for cause (patient confidentiality violation in my case too). ESD has a pretty strict definition of what counts as actual misconduct - they look for DELIBERATE violations, not accidents. My claim was stuck in adjudication for almost 5 weeks!!! The system is SO BROKEN. Keep filing your weekly claims while you wait even though it feels pointless. If they approve you, you'll get all the back payments.

For those struggling to reach ESD by phone during adjudication, I finally got through using Claimyr (claimyr.com). I was in adjudication for a similar issue for 3 weeks and couldn't get anyone on the phone despite calling 40+ times. The service connected me with an ESD agent in about 30 minutes who actually gave me updates on my claim status. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Don't worry too much about one-time mistakes. ESD usually sides with claimants unless there's clear evidence of intentional misconduct or gross negligence.

i think ur overthinking this honestly. esd knows companies lie all the time to avoid paying unemployment. my friend works at esd and says they approve like 80% of claims even when employers contest them. just keep filing ur weekly claims and b patient

Policy violations can be tricky. Under WAC 192-150-205, misconduct requires a showing that the violation was: 1. Willful or wanton disregard of the employer's interest 2. Deliberate violation of the employer's rules 3. Carelessness or negligence of such degree to show intentional disregard 4. Pattern of behavior that demonstrates carelessness/negligence In your case, focus on proving it was a one-time, unintentional error without prior warnings. Document EVERYTHING. If denied, immediately file an appeal - you'll get a hearing with an Administrative Law Judge who will review everything from scratch.

UPDATE on my earlier comment: my claim got approved after 5 weeks! I did have to call them multiple times. The ESD agent told me they ruled in my favor because my employer couldn't prove that my mistake was intentional misconduct rather than just a simple error. So hang in there!!!

My sister works in HR and she says all they care about is if you had been warned before about the same issue and did it anyway. Single mistakes almost never count as misconduct unless its something super serious like theft or violence. Just make sure when they ask you questions you don't accidentally admit to anything that sounds intentional.

I see a lot of comments here, but I want to clarify something important: Under ESD rules, a single unintentional policy violation typically does NOT constitute misconduct unless it caused significant harm or was extremely negligent. If you're denied benefits, you have 30 days to file an appeal. The appeal hearing is completely fresh - the Administrative Law Judge doesn't consider ESD's previous decision. Based on what you've described, you have a strong case, especially with no prior disciplinary actions. Just be patient with the process and keep documenting everything.