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One more thing - the hearing will likely be by phone due to ongoing COVID protocols. Make sure you're in a quiet place with good reception, have all your documents organized in front of you, and take notes during the employer's testimony so you can address any false statements. If you have a smart phone, I recommend using the speaker function and recording the hearing (just notify everyone at the beginning that you're recording). The Administrative Law Judge will ask you questions directly, so be prepared to clearly explain: 1. What happened on 12/15/24 in detail 2. Your prior work history and performance 3. Any policies or training related to food safety protocols 4. Why you believe the termination was unjustified Don't interrupt the employer or the judge, and don't get defensive even if the employer makes false statements. Just note them and address them when it's your turn to speak.
does anyone know if u get backpay for all the weeks during the appeal if u win? i'm in the same boat waiting for my appeal hearing and running out of money fast :/
Yes, if you win your appeal, you'll receive backpay for all eligible weeks during the appeal process - but ONLY if you filed weekly claims for those weeks. This is why it's absolutely crucial to continue filing your weekly claims even while your appeal is pending. If you miss filing for any weeks, you typically can't get benefits for those weeks even if you win your appeal.
I waited 3 months after my waiver approval to get ALL my money back!! And that was with calling them every single week! The entire system is designed to wear us down so we give up. DON'T GIVE UP. Keep calling and document everything. I finally had to contact my state representative to get the rest of my payment released. Suddenly they "found" my money after the rep's office inquired. Funny how that works!!!
Quick update based on all the comments - it sounds like you should: 1. Keep checking your account for updates daily 2. Call ESD every week to follow up (using Claimyr if you're having trouble getting through) 3. Request a formal breakdown of what weeks were included in your first payment 4. Be prepared for the process to potentially take 1-8 weeks for full payment 5. Contact your state representative if you don't see movement after 3-4 weeks It's unfortunately a common issue, but the good news is that most people do eventually receive their full payment after a successful waiver approval. The system is just incredibly slow and poorly communicated.
THE ESD SYSTEM IS DESIGNED TO DENY PEOPLE THEIR BENEFITS!!! I'm convinced they train their employees to find ANY reason to disqualify claims. I went through something similar last month and it took FIVE WEEKS to get it fixed. Had to call 87 TIMES before I got through (yes I counted). By the time I got my benefits I was already behind on rent and had my electricity shut off. They don't care AT ALL about our suffering!!! You need to DEMAND to speak to a supervisor. Don't let them transfer you to another regular agent. Say the words "escalate to supervisor" over and over until they do it. Regular agents won't fix anything!!! Also RECORD EVERY CALL with them if your state allows it. I wish I had done this because they kept giving me different information every time I called.
While I understand your frustration, I don't think the system is deliberately designed to deny benefits. It's just severely understaffed and the rules are complicated. Recording calls is good advice though - Washington is a two-party consent state, so just make sure to tell them you're recording at the beginning of the call.
Hey just wondering - did you try the Claimyr thing? Did it work? I'm in a similar situation now and considering trying it but wasn't sure if it's legit
Update for everyone: I was able to get through to ESD yesterday! I used a combination of calling at 7:59am exactly like someone suggested and also contacting my state rep's office. I'm not sure which one actually worked, but I finally spoke with a supervisor who reviewed my case. Turns out the first agent completely misunderstood my medication situation and incorrectly flagged me as unable to work. The supervisor reversed the disqualification on the spot and said my payments should process within 48 hours. I'm still going to submit the appeal just to be safe though. Thank you all for your help during this stressful time!
Update: I just got the questionnaire from ESD about my missed week. It's asking if I was able and available for work, if I was physically able to work, if I was out of my labor market area, etc. I'm going to fill it out honestly stating I was traveling and unavailable. Fingers crossed this gets resolved quickly!
Natasha Orlova
Thanks everyone for the help! I'm going to try to get through to ESD tomorrow and ask specifically for the "Emergency Proclamation Job Search Suspension Notice" and reference the WAC emergency rule. If I can't get through I might try that Claimyr service since I really need this documentation quickly. My previous employer is claiming I didn't meet requirements during weeks when the requirements were actually suspended, so having the official documentation seems like the only way to resolve this. I'll update if I have any success!
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Javier Cruz
•Good plan. One more thing - make sure to also request any notices that were sent to your eServices inbox during that time period. ESD should have copies of all communications sent to you, even if you deleted them. Those notices often contained specific instructions about how to answer the job search question during the pandemic, which could help your case.
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Isabella Costa
Wait isn't there like a time limit for employers to dispute unemployment claims??? It's been like 5 YEARS since the pandemic started, how can they even do this now??
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Malik Jackson
•There's typically a 30-day window for initial protests, but for fraud allegations or overpayment investigations, ESD can go back much further. It's unusual but not impossible, especially if the employer is claiming they just discovered information they didn't have before. The statute of limitations for unemployment fraud in Washington is longer than many people realize.
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