Won an ESD appeal for misconduct termination with minimal documentation?

I won my appeal in a similar situation! My employer claimed misconduct for 'carelessness' in handling client accounts, but only had one documented warning. During my hearing, I emphasized several key points: 1. A single documented warning doesn't establish a pattern of negligence 2. I explained that I received training but the procedures were complex and errors occasionally happened (honest mistakes vs. willful disregard) 3. I brought performance reviews showing otherwise satisfactory work 4. I demonstrated I tried to improve after the warning The judge ruled that occasional errors, especially with minimal documentation of prior issues, don't constitute misconduct under ESD rules. Misconduct requires proof of willful or wanton disregard of the employer's interest - honest mistakes don't meet that threshold. Prepare to clearly explain the difference between carelessness (which may be ordinary negligence) and actual misconduct. Good luck!

my friend got denied for someting similar but he didnt appeal it. wish he did now. one write up isnt enough to prove misconduct i think. good luck!

I WON my appeal after being fired for "negligence" and it sounds very similar to your situation. My former employer tried to say I was being careless with safety protocols but they only had ONE documented incident. Here's what worked for me: - I brought witnesses (coworkers) who testified the expectations weren't clear - I showed the judge that what they called "misconduct" was actually common practice - I proved I never received proper training on the specific procedures - I demonstrated that they were looking for reasons to fire me because I had recently requested FMLA The whole ESD system is STACKED against workers!!! Don't let them intimidate you. The burden of proof is on THEM to prove misconduct, not on you to disprove it. They're hoping you'll just give up!

i lost my appeal for something like this last year... the judge sided with my employer even tho they only had one writeup because they had emails showing id been told about the problem before. check if they might have other evidence besides just the writeup. also i couldnt get thru to esd before my hearing to understand what evidence the employer submitted which really hurt my case

I work in HR and can tell you that under Washington unemployment law, misconduct is defined as a deliberate violation or disregard of standards of behavior which an employer has the right to expect. Simple negligence or good faith errors in judgment don't qualify as misconduct. For carelessness to rise to the level of misconduct, your employer would typically need to show: 1. You were clearly aware of the expectations 2. You repeatedly failed to meet those expectations despite warnings 3. Your actions showed willful disregard rather than honest mistakes One write-up alone generally isn't sufficient unless the incident was extremely serious or deliberate. Focus your appeal on demonstrating these were good faith errors despite your best efforts. The judge will be looking for evidence of your intent, not just the outcome of your actions.

wat happens if u lose the appeal? can u still get benefits eventually or is it just done forever?

My hearing is next month for something similar. Anyone know if these hearings are still being done by phone because of COVID or are they in-person now? The notice wasn't clear.

Update: I finally managed to get through to someone at ESD! Turns out my employer also submitted some email exchanges showing they had verbally warned me about inventory issues before the written warning. This makes my case harder, but at least now I can prepare better for the hearing. Thanks for all the advice everyone.