Won an ESD appeal for misconduct/carelessness with minimal documentation?

I won my appeal last year in a similar situation. The key thing to understand is that the burden of proof is on the employer to show misconduct, not on you to prove your innocence. With only one write-up from months ago, they probably don't have enough documentation to establish a pattern of carelessness. Make sure to calmly explain the system glitch situation during your hearing. Also emphasize that there were no other documented performance issues before termination. The judges generally look for either deliberate disregard of employer interests or a pattern of carelessness - one incident usually isn't enough.

i got fired for somethng similr and lost my appeal. tho i had 3 writeups not 1 so maybe thats why. good luck!!

ESD has a specific legal definition of misconduct that's actually pretty narrow. For carelessness, they need to prove it was more than just ordinary negligence - it has to be willful or wanton disregard for the employer's interests. A SINGLE write-up from 3 months prior is unlikely to meet that threshold. My recommendations for your hearing: 1. Dress professionally and be respectful 2. Bring a timeline of events showing the gap between write-up and termination 3. Explain that the system glitch wasn't your fault but you were blamed anyway 4. Ask your employer for specifics about what policies you violated 5. Emphasize your overall work history/performance I've been through this process twice (once as a claimant, once as an employer rep) and judges really focus on documentation and patterns of behavior. One incident rarely qualifies as misconduct unless it was truly egregious.

The whole system is rigged against workers. I had ZERO writeups and still lost my appeal because my boss straight-up LIED during the hearing. Said I was warned verbally "multiple times" which NEVER HAPPENED!!! And the judge believed him over me even though he had NO PROOF!!! It's all about who the judge believes. The system is COMPLETELY BROKEN!!!

I went through this nightmare in January. Couldn't get anyone at ESD to answer my calls for WEEKS while my appeal was pending. Finally used Claimyr (claimyr.com) to get through - they connected me to an actual ESD agent in about 15 minutes who looked up my case file and told me exactly what documentation the employer had submitted. That gave me time to prepare counter-arguments for my hearing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 For your actual question - yes, I won my appeal with just two write-ups. The judge said my employer failed to establish a pattern of deliberate misconduct, which is what they need to prove. Your case sounds even weaker for them with just one write-up from months ago.

Wait what exactly happened with the system glitch? Sometimes if you can prove it wasn't actually your fault that makes a huge difference. I work in IT and had something similar happen where they tried to blame me for data loss but I had emails proving I warned about the system issue beforehand.

One more important tip - during your hearing, if the employer brings up any new allegations that weren't in your write-up, immediately object and state that you didn't have prior notice of these issues. Many employers try to add new reasons during the hearing, and judges will often disregard those if they weren't part of the original documented reason for termination.

Did you get the determination letter explaining why they denied your claim initially? It should cite specific reasons and regulations. Understanding exactly why they denied you can help you prepare targeted counterarguments. Also, make sure you have a copy of your employer's response to your claim - you can request this from ESD if you don't already have it.

Update us after your hearing! Based on what you've shared, I think you have a good chance of winning. One write-up from 3 months prior about an issue that was arguably not even your fault doesn't meet the standard for misconduct under Washington unemployment law. Just make sure you're well-prepared and stay calm during questioning.