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Sorry about your situation pal but I'm confused about something. You said you were "overqualified" and "proved your worth" but then you also said you resigned to avoid a "toxic environment with drug users in new construction"? That part doesn't make sense with the pay reduction story. Were you in construction? Was that why the pay was lower? The commissioner might have been confused by mixed explanations too. Just saying you might want to keep your story straighter for the judicial review.
Sorry for the confusion. To clarify: I moved to work at a new location for the same company. When I couldn't afford to stay at that new location due to the pay cut, I considered going back to my previous jobs in my hometown (which were in construction), but those previous employers weren't willing to rehire me because I had left them to take this opportunity. And yes, part of why I had wanted to leave those previous jobs was the work environment. The pay reduction issue is the main reason I had to quit the job I relocated for.
One more critical thing - for judicial review, you need to file in the county where you lived at the time of application OR in Thurston County. The filing fee is around $240, but you can request a fee waiver if you're low income (use the GR 34 form). Make sure to: 1. Name the correct parties (Commissioner and ESD must be named) 2. Properly serve all parties (you need to serve the Commissioner, ESD, and the Attorney General's office) 3. Include the complete agency record The standard of review is super important - the court will only overturn if: - Decision is outside the agency's authority - Decision is based on an error of law - Decision is not supported by substantial evidence - Decision is arbitrary and capricious Focus on the error of law aspect - specifically that the Commissioner failed to properly apply WAC 192-150-120 regarding substantial reduction in pay. With a 42.8% reduction, you're well above the 25% threshold that typically constitutes good cause.
Thank you so much for the additional details. I'll look up the GR 34 form today as I definitely can't afford the filing fee right now. I'll file in the county where I lived when I applied. I wasn't aware I needed to serve so many parties - that's really helpful information. I'll focus my argument specifically on the error of law regarding WAC 192-150-120 and the 42.8% pay reduction. This gives me a much clearer path forward!
this happened to me back in september...my claim was pending for almost a month because my employer contested it saying i quit but i was actually laid off. i had NO IDEA this was happening until i finally got through to someone who told me. ended up having to submit documentation proving i was laid off. might be worth checking if your former employer is contesting your claim?
Just wanted to follow up on this thread - for claims in adjudication, make sure you're checking both your eServices Message Center AND your personal email daily. Sometimes ESD will email you directly or post a message requesting additional information. If you miss these communications, it can significantly delay your claim. Also, check your spam/junk folders. Many people miss important ESD communications because they end up there. If you do manage to get through to an agent using any of the methods suggested here, ask them to make a note in your file about your attempts to contact them. This can be helpful if there are any issues later regarding your availability or participation.
Thank you for this advice! I've been checking my eServices messages daily but hadn't thought about my spam folder. Just checked and there's nothing from ESD there either. I'll keep a close eye on both going forward. I'm going to try that Claimyr service someone mentioned above. At this point, paying a little to actually talk to someone seems worth it since I'm owed several weeks of benefits. Will update here if I get through!
and keep screenshots of EVERYTHING!! all ur weekly claims, all emails, all messages in the esd portal. they lost my stuff twice and i had to resend it all!!
I just want to thank everyone for the helpful advice. I've started working on my appeal letter and contacted both HR and my 401k administrator for documentation. I'll definitely be submitting before the deadline and will keep filing my weekly claims. I might try that Claimyr service too - at this point I'm desperate enough to try anything to actually speak to a human at ESD before my appeal. Will update once I know more!
Always take screenshots of your payment history and save any letters they send you about benefit amounts. ESD's system is notorious for weird glitches. I've had payments disappear from my payment history only to reappear weeks later. The documentation saved me when they tried to say I hadn't reported something correctly.
Glad to hear you got it resolved! For anyone else reading this thread with similar issues, here's what to remember: 1) Always check your ESD account for notices explaining payments, 2) Don't spend unexpected money until you confirm what it's for, 3) Keep detailed records of all communications and payments, and 4) Sometimes payments that seem like errors are actually legitimate adjustments based on wage recalculations or industry-specific programs.
Cassandra Moon
To clarify what's happening: You have TWO separate eligibility issues being evaluated: 1. Monetary eligibility: Based on your work history and earnings (this was approved, hence the $872 benefit amount letter) 2. Weekly eligibility: Each week you must be able and available for work (your medical procedure week triggered a disqualification) The good news is that a disqualification for one week shouldn't affect your entire claim - it should only affect that specific week. However, sometimes ESD's automated system incorrectly applies a single-week issue to your entire claim. Action plan: 1. File an appeal immediately (30-day deadline) 2. Continue filing weekly claims 3. Call ESD to speak with an agent who can review your specific situation 4. Provide medical documentation for your procedure 5. Request a standby status for that week if it was a temporary medical issue This is fixable, but requires getting through to someone who can manually review your claim.
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Jayden Reed
•This is SO helpful - thank you for breaking it down clearly! I didn't realize the medical procedure could trigger a full disqualification. I've started my appeal and I'm going to try to get through to ESD tomorrow. Really appreciate the detailed explanation.
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Zane Hernandez
after u get this fixed make sure u answer yes to all the questions about being able and available even if ur sick for a day or two... they don't need to know every little thing just say yes unless ur like hospitalized or something
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Cassandra Moon
•I would caution against this advice. Misrepresenting your availability on weekly claims can lead to fraud allegations and required repayment of benefits with penalties. It's better to answer truthfully and then provide explanation if needed. For brief illnesses, you're still considered available if you would have been able to accept work otherwise.
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