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The legal distinction here is important. Under Washington unemployment law, if you were terminated for "misconduct" you can be disqualified from benefits, even if the initial separation was a layoff. The key for your appeal will be proving either: 1) You didn't violate any known company policy by doing side work during layoff, OR 2) Even if there was a policy, your violation wasn't serious enough to constitute "misconduct" under unemployment law Misconduct has a specific legal definition for unemployment purposes that's often more narrow than what employers think. Simple poor judgment or minor policy violations often don't rise to the level of disqualifying misconduct.
I just checked all my paperwork and found something interesting. My layoff letter specifically says "temporary layoff due to seasonal work shortage" and mentions an expected recall date in April. It doesn't say anything about restrictions during the layoff period. Would this help my case? I'm definitely going to appeal now.
Yes! That letter is extremely valuable evidence for your appeal. It establishes that you were legitimately laid off initially and given no restrictions about other work. Be sure to bring a copy to your hearing and reference it specifically. This significantly strengthens your case, especially if there's no clear written policy prohibiting side work during layoffs.
While contacting the governor's office (360-902-4111) or your state representative can sometimes help, be aware that they're receiving many similar requests. For faster resolution, make sure you've exhausted the normal ESD channels first: 1. Check if your adjudication issue requires any documents from you in your eServices portal 2. Try calling ESD at different times (early morning tends to be better) 3. Make sure you're continuing to file weekly claims while waiting 4. If you have a WorkSource appointment, don't miss it as this can further delay your claim When you do contact the governor's office, have your claim ID ready, be specific about how long you've been waiting, and explain any financial hardship you're experiencing. This information helps them prioritize cases.
Thank you for the detailed advice! I've definitely been keeping up with my weekly claims and checked eServices - there's nothing there requesting additional info from me. My WorkSource appointment isn't until next month. I'll try the governor's number and make sure I have all my claim details ready.
I've been on adjudication for 9 weeks now and feeling your frustration! I don't think the governor's office helped me much but my state senator's office definitely did. The trick is to clearly explain the financial hardship - I was about to be evicted and mentioned that specifically. Their constituent services person got back to me within 48 hours and my claim was resolved the following week. Did you receive any notification about why you're in adjudication? Mine was because of a job I quit in 2023 even though I'd worked two jobs since then! The whole system is so broken.
Wait I'm confused about something. Does being in a union automatically exempt you from job searches even when NOT on standby? I thought union members still had to do job searches when not working unless they have standby status?
It depends on the type of union. Full referral unions (where all work must come through the union hiring hall) can provide an exemption from regular job searches. The claimant still has to be in good standing with the union and registered as available for work through their hiring hall. It's one of the few exemptions from job searches besides standby, approved training, and a few other special situations. Not all unions qualify though - only those with exclusive hiring hall arrangements.
I just wanted to update that we went ahead and answered 'yes' to the job search question since he meets his requirements with his exemptions. The claim was accepted without any issues! Thanks everyone for your help. Going to stick with the online filing when possible since it's less confusing, but good to know how to handle the phone system if needed again.
I'm in the EXACT same boat right now!!! 6 weeks pending, Governor's office "escalation" 2 weeks ago, called by ESD last Thursday with promises to fix it "immediately" and STILL NOTHING!!! This system is BROKEN. My car payment bounced yesterday and now I'll have late fees on top of everything else. I'm filing a formal complaint with the state auditor's office because this is beyond unacceptable. We need to start making more noise about this systematic failure.
Filing with the state auditor is actually a good idea. They've been investigating ESD's processing times since the 2024 system upgrade that was supposed to improve things but clearly made them worse. You can submit a complaint here: https://sao.wa.gov/report-a-concern/
UPDATE: My claim that was pending for 5 weeks finally got resolved today! Here's what worked: I called my state representative's office (not the Governor) and explained the situation. Their constituent services person made a call directly to their ESD liaison (apparently each rep has one), and my claim was processed within 24 hours. Might be worth trying if the Governor's office route isn't working fast enough. Good luck!
Zainab Yusuf
Update for anyone finding this thread: Current ESD adjudication is taking 4-7 weeks on average as of March 2025, according to their latest performance metrics. The backlog is worse for claims involving employer disputes or employment separations that aren't straightforward layoffs. For the original poster - make sure you're documenting all your job search activities (minimum of 3 per week) while waiting. If your claim is eventually approved, you'll need those records to receive backpay for the weeks you've been waiting. Also, if you're truly facing eviction due to the delay, mention that specifically when you do reach an agent - they have a hardship escalation process for people at risk of losing housing.
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CyberSiren
•Thank you for the update and advice! I've been keeping detailed records of my job search activities (actually doing 5+ applications per week). I didn't know about the hardship escalation - I'll definitely mention that if/when I reach someone.
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Miguel Alvarez
My adjudication took 5 weeks and when I finally got through to someone, they told me the issue was that my previous employer hadn't responded to their request for information. Have you tried contacting your previous employer's HR department? Sometimes they're sitting on paperwork and don't realize they're holding up your benefits.
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CyberSiren
•I hadn't thought about that angle! I'm still on good terms with my former manager - I'll reach out to him tomorrow and ask if he can check with HR about any pending ESD requests. Thanks for the suggestion!
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