Will ESD deny my claim after termination for off-work conduct? 6 weeks pending

You've got a tough case. ESD is REALLY picky about misconduct cases. If your employer is fighting it (sounds like they are), you're almost definitely in adjudication. They have to decide if your off-work conduct qualifies as misconduct under unemployment rules. The fact your claim says "pending" for 6 weeks confirms this - normal approvals don't take that long. I went through something similar (but for attendance issues not off-work stuff) and here's what I learned: Washington unemployment law defines misconduct pretty specifically. For off-work behavior to count as misconduct, they typically need to prove it directly affected your work or the company's business interests. A general "bad image" argument might not be enough, especially with your clean work record. You should call ESD immediately! You're in adjudication limbo and need to give your side of the story. The adjudicator will likely need to interview you and your former employer separately.

sucks man, I bin there. esd is so backed up now it takes FOREVER. my claim was pending for like 8 weeks before they decided. keep filing each week tho even with no $$$ coming in cuz they'll backpay u if approved

I used to work in HR and can share some insight. When cases involve termination for misconduct, ESD typically puts claims in adjudication for review. The key question will be whether your off-work conduct had a "nexus" (connection) to your employment. Factors they consider: 1. Does your job involve public trust (teacher, law enforcement, etc.)? 2. Did the incident receive publicity that harmed the employer? 3. Did your employer have a clear policy you violated? 4. Was the conduct so egregious it inherently affects employment? Adjudicators will interview both you and your employer separately. Make sure you clearly explain: - The incident had no connection to your work - Your excellent prior work record - No warnings or disciplinary history - That you're actively seeking new employment Be prepared for a wait of 8-12 weeks for complex cases like this. Document all your job search activities carefully in case there's an appeal.

Try Claimyr! I was stuck in adjudication for weeks and couldn't get through on the phone either. I used claimyr.com to connect with ESD and actually got through to a real person in about 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It really helped me find out what was holding up my claim and got things moving again. Worth it when you're stuck in limbo!

I've been through the ESD adjudication process for a misconduct termination (mine was work-related though). Here's what to expect: 1. ESD adjudicator will call you for a statement - BE READY with clear answers 2. They'll also get a statement from your employer 3. You'll eventually get a written determination in your ESD account If they rule against you, you have 30 days to appeal! Many people win on appeal even if they lose initially, especially in cases where the connection to work is tenuous. The judge will look at whether your off-work conduct truly impacted your ability to do your specific job. Keep detailed records of everything. And seriously, keep filing those weekly claims even during this waiting period.

is there any way to speed this up?? ive been pending for 5 weeks too and CANNOT get anyone on the phone. tried calling the moment they open at 8am and still nothing!!! so frustrating!!!

Just to follow up on the misconduct question specifically: Washington State recognizes different types of misconduct for unemployment purposes: 1. Regular misconduct (less serious) 2. Gross misconduct (more serious) 3. Criminal misconduct (involving violations of law) However, for ALL types, there needs to be a connection to your work. The adjudicator will be looking at whether your off-duty conduct directly impacted your employer's business interests or your ability to perform your job. The fact that your work record was spotless is very much in your favor. Save any positive performance reviews or commendations to present during the adjudication interview.

did ur employer say theyre gonna fight ur claim?? mine did and thats y it took so long, they have to interview both sides when theres a disagreement

I'm an employment attorney and can offer some general guidance (though this isn't legal advice for your specific situation). In Washington, for misconduct to disqualify you from benefits, it generally needs to be connected to your work. The burden is on the employer to prove misconduct. Since you mentioned a bar fight that resulted in a misdemeanor, the adjudicator will evaluate: 1. Whether your employer had a specific policy about off-duty conduct 2. Whether your position was one of special trust or public visibility 3. Whether the incident created a direct impact on your employer's business You are smart to keep filing weekly claims. If approved, you'll receive backpay for all weeks claimed. Continue your job search activities and document them thoroughly - you need at least 3 job search activities per week. Given the complexity of your case, you might consider contacting the Unemployment Law Project (unemploymentlawproject.org) for free legal assistance if you receive a denial.