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Freya Collins

Won ESD adjudication after wrongful termination - helps with potential lawsuit?

After a 6-week battle, I finally got my ESD adjudication decision yesterday and WON! My former employer (construction company) kept claiming I was fired for misconduct, but I was able to prove with timestamped text messages and witness statements that they actually terminated me for reporting unsafe working conditions. The adjudicator's determination specifically states they found 'insufficient evidence of employee misconduct' and that my separation was 'through no fault of my own.' Now I'm considering a wrongful termination lawsuit against them (they've done this to others too). Would winning my unemployment case help strengthen a potential lawsuit? Has anyone successfully used their ESD determination as evidence in a legal case? Not looking for guaranteed legal advice, just experiences from others who might have been in similar situations.

LongPeri

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Congrats on winning your ESD case! I went through something similar last year and yes, the adjudication decision definitely helped my legal case. My attorney used the ESD determination as supporting evidence that the termination wasn't justified. It's not binding on a court, but it shows a government agency already investigated and ruled in your favor after hearing both sides. The fact that your determination specifically mentions 'insufficient evidence of misconduct' is particularly helpful. Make sure you save EVERY document from your ESD claim - the initial filing, employer responses, and especially that final determination letter. Courts do give some weight to these administrative findings. One caution though - the standard for winning unemployment is different from proving wrongful termination, so it doesn't guarantee a lawsuit win, but it's definitely helpful evidence.

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Freya Collins

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That's really encouraging to hear! I've saved all the documents including screenshots of the online determinations and the official letter. Did your employer try to appeal the ESD decision? Mine has 30 days to appeal and I'm worried they might drag this out even longer.

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Oscar O'Neil

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just make sure ur in the statute of limitations for filing a lawsuit!! my cousin waited too long after her ESD case and couldn't sue anymore :

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Freya Collins

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Oh that's a good point! I should probably check on that ASAP. I think it's within 3 years in Washington but I need to confirm.

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Speaking as someone who handles these cases, your ESD victory is helpful but not determinative for a wrongful termination lawsuit. The ESD's standard is whether there was misconduct that would disqualify you from benefits, while a wrongful termination lawsuit typically requires showing the termination violated specific laws (discrimination, retaliation for whistleblowing, etc.). Since your case involves reporting unsafe conditions, you might have a whistleblower retaliation claim. The ESD finding will definitely help establish that the employer's stated reason was pretextual (false), which is often half the battle in these cases. I'd recommend consulting with an employment attorney ASAP. Most offer free consultations and work on contingency. And yes, preserve EVERYTHING from your ESD case - especially any statements your employer made during the process that might contradict what they'll say in court.

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This is spot on. I work in HR and have seen this from the company side. The ESD determination absolutely gets attention from management because it can be used as evidence in a lawsuit. Companies hate losing these cases for exactly that reason!

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Liv Park

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Congratulations!!! It feels SO GOOD to be vindicated doesn't it? I was wrongfully termed last year and fought it through ESD too. My employer tried to claim I was consistently late but I had all my clock-in records showing I was actually early most days. The adjudicator saw right through their BS!!! Make sure you claim all your back benefits too - you should get everything retroactive to when you first applied!

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Freya Collins

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Thanks! Yes, it feels amazing to be believed. The adjudicator was actually really thorough and asked for detailed evidence from both sides. And yes, I'll be getting about $4,200 in back benefits which is a huge relief after struggling these past weeks.

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Be careful with this. Winning an ESD case and winning a wrongful termination lawsuit are totally different things. ESD just determines if you get benefits. Wrongful termination is much harder to prove. I won my unemployment case but my lawsuit went nowhere because Washington is an at-will employment state - they can fire you for almost any reason except discrimination against a protected class. Unless you have VERY clear evidence they fired you specifically for reporting safety issues (which is protected), you might waste a lot of time and money. Did you file a complaint with L&I about the safety issues before being fired? That paper trail would be critical.

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Freya Collins

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Yes, I did file a complaint with L&I two weeks before my termination, and I have email confirmation of that filing. I also have texts from my supervisor essentially saying "after that safety complaint stunt, don't expect to be here much longer" so I think I have decent evidence. But your point about at-will employment is something I'm worried about.

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Ryder Greene

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Have you tried calling the ESD to ask them directly if their determination can be used in court? I've been on hold with them for TWO HOURS about my own claim issue. Can never get through to anyone! So frustrating trying to resolve these unemployment issues.

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Try using Claimyr.com - saved me hours of frustration. It holds your place in line and calls you when an ESD agent is available. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I used it last month when I had an adjudication issue that needed immediate attention. Got through to an agent same day instead of waiting forever on hold. Much better than the regular ESD phone system!

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Former hiring manager here - those ESD determinations absolutely matter for lawsuits! When I worked at [large retailer], our legal team would get very concerned if an employee won their unemployment case, especially with a finding specifically stating the employee did nothing wrong. It often led to settlement offers rather than risking court. If your determination specifically mentions unsafe working conditions or retaliation, that's gold for a potential lawsuit. Make sure your attorney gets a copy of the complete ESD file - not just the determination letter.

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Freya Collins

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That's really interesting to hear the employer perspective! The determination doesn't specifically mention safety complaints as the reason, but it does say my evidence was "more credible" than the employer's explanation. I'm hoping that helps establish they were being dishonest about why I was fired.

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One thing to watch out for - if you win a wrongful termination lawsuit later, ESD might come back and say you owe some benefits back if you receive lost wages as part of your settlement/judgment. It's not always the case, but worth keeping in mind so you're not surprised.

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LongPeri

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This is correct. If you receive back pay that covers periods where you received unemployment benefits, there could be an offset required. Your attorney should factor this into any settlement negotiations.

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