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im confused, if you already quit why would you get unemployment at all? aren't you only supposed to get it if you're laid off? not trying to be rude just don't understand how this works
The key detail here is that OP gave notice (planning to work 2 more weeks) but the employer cut them off immediately. In that specific scenario, ESD treats it as a discharge, not a quit, because the employer chose to end the employment before the employee's intended end date. It's a bit of a technical distinction but important for unemployment purposes.
I've been through THREE adjudications and two appeals (different issues over 2 years). Here's what happens if they appeal: 1. You'll get a notice from OAH with hearing date/time 2. Prepare your evidence BEFORE the hearing 3. During the phone hearing, a judge will ask both sides questions 4. BE HONEST - don't exaggerate anything 5. The judge usually decides within 1-2 weeks It's stressful but not terrible if you're prepared. And if they mentioned you had "excusable" absences, that's ESD language for "you didn't do anything wrong" so that's a good sign!
One more thing to be aware of - if your overpayment was due to fraud (like if someone else filed using your information), those are NOT eligible for waivers. But if it was a legitimate mistake or ESD's error, you should be good. Also, make sure you respond to any requests for additional information immediately - they only give you 5 business days to respond before potentially denying the waiver.
my cousin had this exact same thing happen and he ended up having to wait 3 months total! but he did eventually get ALL the back pay. so at least you'll eventually get a big chunk of money all at once... small consolation i know when bills are due now
Since your employer is contesting your claim, you should prepare for a possible appeal if your claim is denied. Washington has a process where you can appeal a determination within 30 days. Document everything related to your layoff, and if possible, get statements from former coworkers who can confirm you were part of a workforce reduction. In the meantime, you might want to inquire about hardship assistance through DSHS or local community organizations while you wait for your unemployment benefits to come through. Many counties have emergency rental assistance programs that can help bridge the gap.
Reina Salazar
I checked back to see if you'd had any progress. Based on your latest comments, you have a strong case for a quick resolution IF your employer moves quickly and you can get through to ESD. Since you're still working reduced hours, this should qualify as a partial unemployment claim. Make sure you're accurately reporting your part-time earnings each week when you file. Have you had any luck getting through to ESD by phone yet?
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Pedro Sawyer
•Not yet, I've tried calling ESD 12 times in the last 3 days! Either get the message that call volume is too high or get disconnected after waiting on hold. I'm going to check out that Claimyr service you mentioned. My employer's HR did say they're preparing a letter today, so at least that part is moving forward. Thanks for checking back!
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Dallas Villalobos
I used Claimyr last month when I had an adjudication issue and it worked really well. Got connected to an ESD agent in about 20 minutes instead of trying for days. The agent was able to see notes on my account that weren't visible to me online and fixed my issue while I was on the phone. Definitely worth it when you're in a time-critical situation like this.
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Pedro Sawyer
•That's good to hear! I'm planning to try it tomorrow once I have the letter from my employer so I can reference it when I talk to ESD. Fingers crossed I can get this resolved without waiting months for a hearing.
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