Since your employer is appealing a "discharged for misconduct" case, their burden of proof is quite high. They need to prove your actions were: 1. Willful or wanton disregard of employer's interests 2. Deliberate violation of reasonable policies 3. Carelessness so severe or repeated to show intentional disregard Simple poor performance usually doesn't meet this standard. If they never gave you written warnings or improvement plans, that works strongly in your favor. Since ESD already ruled in your favor once, you're starting from a position of strength.

Hey Edison! I went through this exact same situation about 8 months ago. It's definitely stressful but you're in a good position since ESD already ruled in your favor. A few things that really helped me: 1. Print out your original ESD determination letter - bring multiple copies to reference during the hearing 2. If you have any emails or messages from your employer about your termination, bring those too 3. Write down specific examples of how your "performance issues" were never properly documented or addressed through formal channels The fact that you never got written warnings or a performance improvement plan is HUGE in your favor. Most employers who fire for legitimate performance reasons have a paper trail. The judge will definitely ask your employer about their progressive discipline policy. One more tip - stay calm and professional even if your former employer says things that upset you. I made the mistake of getting a bit emotional during mine and had to take a moment to collect myself. You've got this! The burden is really on them to prove misconduct, not just poor performance.

I'm dealing with the exact same situation! Applied for Training Benefits on January 22nd for a nursing program at Tacoma Community College and have been stuck in pending status for 4+ weeks now. Also seeing those two different adjudication dates that everyone's mentioned - so glad I found this thread because I was starting to think something was seriously wrong with my application. The financial stress is absolutely brutal. I've had to take out payday loans just to cover basic expenses and I'm behind on my car payment. What makes it even more frustrating is that nursing is such a high-demand field and I'm trying to retrain from hospitality which was decimated during COVID, but the system makes it nearly impossible to actually get the help you need. After reading everyone's experiences, I'm going to upload a hardship statement through eServices today and contact my school's financial aid office about emergency grants. The information about only 4 specialists statewide processing these applications is absolutely mind-blowing - no wonder we're all experiencing the same delays! For those who applied in early/mid January, it sounds like we might finally be getting close to the front of that very slow-moving line. Thanks everyone for sharing your timelines and strategies - it really helps to know I'm not alone in this broken system. Fingers crossed we all get approved soon!

I'm going through this exact same nightmare! Applied for Training Benefits on January 14th for a data science program at University of Washington and have been stuck in pending status for over 5 weeks. Like everyone else here, I have those two confusing adjudication dates showing up which was driving me absolutely crazy until I read all the explanations in this thread. The financial stress is completely overwhelming - I've maxed out my credit cards, borrowed money from family, and I'm about to be late on rent for the second month in a row. I left my job in marketing because the industry was unstable, and I'm trying to pivot into data science which is actually growing, but ESD is making it nearly impossible to survive while getting the training I need. Reading through everyone's experiences has been both a relief and terrifying - relief that it's not just me stuck in this broken system, but terrifying to learn there are only 4 specialists statewide handling these approvals! That explains why we're all experiencing identical delays and why the phone system is completely useless. I'm definitely going to upload a hardship statement today after reading the advice here, and I'll contact UW about emergency financial aid options. I had no idea schools offered emergency grants for students dealing with unemployment delays. Also going to look up my state representatives as a backup plan if nothing moves in the next week. Thanks everyone for sharing your timelines and strategies - knowing we're all fighting the same battle really helps. For those of us who applied in mid-January, hopefully we're finally getting close to the front of that incredibly slow-moving line. We'll get through this together!

This thread has been super helpful! I start unemployment next week and was totally confused about the filing schedule. Now I know to file every Sunday starting with my first eligible week.

Just wanted to add one more tip that helped me - when you're filing your weekly claim, make sure to answer all the questions honestly even if you think it might affect your benefits. Washington ESD has ways to verify information and being dishonest can get you in trouble later. Also, keep records of your job search activities and any work you do during the week so you can accurately report when filing. The questions are pretty straightforward but having your info organized beforehand makes the process go much faster.

welcome to the club of multiple unemployment claims. unfortunately its becoming more common these days with all the layoffs happening

I've been through this exact situation multiple times and can confirm what others have said - there's absolutely no limit on how many times you can file for unemployment in Washington. I've filed 6 claims over the past 4 years due to contract work and seasonal layoffs in my field. Each time, as long as I met the wage requirements and had qualifying separation reasons, the claims were processed normally. The key things to remember: file as soon as you become unemployed, be completely honest about your work history and separation reason, and keep all your documentation handy. Washington ESD sees repeat filers all the time - it's not unusual at all in today's job market.

I'm currently going through this exact situation too! Was let go from my retail management position 2 weeks ago with them saying "we're going a different direction with leadership" and now they're claiming I had "communication issues" to contest my UI claim. Never once was this mentioned in my 2+ years there. What's really helped me so far is understanding that Washington's unemployment law is pretty clear - they have to prove WILLFUL misconduct or policy violations, not just vague "performance" claims. Being let go because they want to go a different direction is literally the textbook definition of what unemployment benefits are for! I've been gathering everything I can - my performance reviews (which were all good), any positive feedback emails, even text messages from coworkers thanking me for help. The more documentation you have showing you were doing your job properly, the better. Also, don't let them intimidate you! I learned that many employers automatically contest claims as a cost-saving measure, hoping people will give up. But we paid into this system for exactly these situations. Stay strong and keep filing those weekly claims - you earned these benefits!

I'm so sorry you're going through this stress on top of already losing your job! I went through almost the exact same situation about a year ago - got let go from my healthcare admin job after 2.5 years with them saying it was "budget restructuring," then they contested my UI claim saying I had "productivity issues" that were never once mentioned to me. The whole process was nerve-wracking, but I want to reassure you that you're in a really good position. Washington ESD takes these cases seriously and they see right through employers who suddenly invent performance problems after termination. The fact that you have 3 years with no documented issues is huge in your favor. My adjudication took about 7 weeks (this was during a busy period), but I was ultimately approved and received back pay for the entire waiting period. The key things that helped were: keeping detailed records of everything, responding immediately to any ESD requests, and being very specific about the lack of any prior performance discussions or warnings. One thing I wish I'd known earlier - start documenting everything now. Screenshot your claim status, save any positive work communications you still have access to, and write down exactly what was said when you were terminated. The more concrete details you can provide to ESD, the stronger your case becomes. Keep filing those weekly claims no matter what! You paid into this system and absolutely deserve these benefits. Don't let them intimidate you into giving up - you've got this!