


Ask the community...
I went through a similar situation last year when my employer appealed my unemployment claim after a restructuring layoff. It turned out they were automatically appealing all claims as part of their cost-cutting strategy, even though they knew the layoffs were legitimate. The most important thing is to gather all your documentation - layoff notices, emails about the restructuring, anything that shows it wasn't your fault. I also reached out to former coworkers who were laid off at the same time to see if they'd be willing to be witnesses if needed. The hearing itself was pretty straightforward - the judge asked questions about the circumstances and I just told the truth. I won and got my benefits reinstated with back pay for the weeks I missed during the appeal. Don't let them intimidate you - if you were truly laid off due to budget cuts, you have a strong case.
That's really helpful advice about reaching out to former coworkers as potential witnesses. I hadn't thought of that but it makes perfect sense - if multiple people were laid off at the same time for the same reason, that would definitely strengthen my case. Did you end up needing your coworkers to testify at the actual hearing, or was the documentation enough?
I actually didn't need the coworkers to testify in my case because I had solid documentation - emails from HR about the layoffs, the official notice they gave us, and my termination letter clearly stating it was due to restructuring. But having their contact information ready gave me confidence going into the hearing. My advice would be to line up those witnesses just in case, but if you have good paperwork showing it was a legitimate layoff, that's usually enough. The judges see these cases all the time and can spot the difference between a real layoff and an employer trying to avoid paying benefits.
I'm dealing with a similar appeal situation right now and this thread has been incredibly helpful. My employer also appealed after what was clearly a layoff due to company downsizing. From what I'm reading here, it sounds like many companies do this automatically to try to reduce their unemployment tax burden, even when they know the layoff was legitimate. I've been stressed about the hearing but seeing all these success stories where people won with proper documentation gives me hope. I've saved all my emails about the layoff announcement and my termination letter, so I think I should be in good shape. It's frustrating that we have to go through this extra step when we're already dealing with being unemployed, but at least the process seems fair if you have your facts straight.
You're absolutely right that it's frustrating to deal with this extra stress when you're already unemployed. The good news is that from everything I've read in this thread, the hearing process seems pretty straightforward if you have legitimate documentation of your layoff. It sounds like you're well-prepared with your emails and termination letter. One thing I noticed from the other comments is that it might be worth trying to contact Washington ESD directly if you have any questions about the hearing process - someone mentioned using claimyr.com to actually get through to a real person instead of getting busy signals all day. Hang in there, and hopefully your hearing goes smoothly!
I've been helping people navigate Washington ESD disputes for years and your situation sounds very winnable. Medical absences with proper documentation are one of the weakest grounds for employer protests. The key is showing you followed their policies for requesting time off and had legitimate medical reasons. Make sure to emphasize in your fact-finding response that you provided advance notice when possible and had doctor's notes. Also highlight that you received no progressive discipline - verbal mentions during health crises don't constitute formal warnings. Washington ESD sees right through employers who try to rewrite history after layoffs. Stay strong and don't let them intimidate you into giving up benefits you rightfully earned!
This is really reassuring to hear from someone with experience! I was starting to second-guess myself because my former employer made it sound like I was clearly in the wrong. You're right that I did follow their policy - I called in every time I had a medical appointment and provided documentation afterward. It's good to know that verbal comments during my health issues don't count as formal progressive discipline. I'm feeling much more confident about submitting my response now.
I've been dealing with something similar - my employer is claiming "attendance issues" but I had FMLA documentation for everything. What really helped me was organizing all my paperwork chronologically and writing a timeline showing I followed proper procedures each time. Washington ESD adjudicators really do look at the whole picture, not just what employers claim. The fact that you had no formal write-ups is huge in your favor!
I went through a similar employer protest situation last year and want to share what I learned. The most important thing is that Washington ESD requires employers to prove misconduct was both "willful" and "substantial" - just having attendance issues, even without medical documentation, often doesn't meet that standard if there's no pattern of defiance or repeated violations after formal warnings. In your case, having medical documentation makes their argument even weaker. One thing that really helped me was creating a detailed timeline of events with dates, showing exactly when I provided medical notes and how I followed company procedures. Also, don't forget to mention if you were a good employee overall - length of service, positive reviews, no prior disciplinary actions all work in your favor. The adjudicator will look at the totality of circumstances, not just the employer's cherry-picked complaints. Washington ESD sees these weak protests all the time and knows the difference between legitimate misconduct and employers trying to avoid paying unemployment taxes.
This is exactly the kind of detailed advice I needed! Creating a timeline with dates is brilliant - I can show exactly when I provided advance notice, submitted medical documentation, and followed their attendance policy. You're absolutely right about emphasizing my overall employment record too. I worked there for 2 years with no prior disciplinary issues and always got good performance reviews. It really helps to hear that Washington ESD adjudicators are experienced with these weak employer protests. I was worried they might just automatically side with the company, but it sounds like they actually investigate the claims thoroughly. Thank you for taking the time to share your experience!
This whole situation is ridiculous. ESD is a complete mess since COVID. My claim from 2024 is still "under review" and I call every month only to be told "it's in process" whatever that means. Now I'm scared they'll hit me with some random overpayment too. Good luck with your case!
I'm so sorry you're going through this - what a bureaucratic nightmare! As someone new to this community, I'm shocked reading about how common these vague overpayment notices seem to be. A few thoughts that might help: 1. Document EVERYTHING - it sounds like you're already doing this, but make sure you have timestamped screenshots of any online interactions with ESD, printed copies of all emails, and photos of any physical mail with postmarks clearly visible. 2. Have you considered reaching out to local news stations? Sometimes media attention on these kinds of bureaucratic failures can pressure agencies to resolve cases more quickly. 3. For your Superior Court case, you might want to include a Freedom of Information Act request for any internal ESD communications about your case - sometimes these reveal procedural errors or show that staff knew they made mistakes. The combination of the GI Bill confusion that @Declan Ramirez mentioned plus the timing issues around your move could definitely explain this mess. Hang in there - it sounds like you have a strong case with all the procedural violations!
Thank you so much Katherine! The media attention idea is actually brilliant - I hadn't thought of that. There's got to be an investigative reporter somewhere who would be interested in how ESD is sending out these vague overpayment demands without proper evidence or due process. I'll definitely add a FOIA request to my court filing. You're right that internal communications could reveal they knew about the procedural errors. The more I think about it, the more I'm convinced this is either a case of mistaken identity or confusion about my GI Bill benefits being counted as "work." It's honestly both reassuring and terrifying to see how many people have dealt with similar issues. Reassuring because I'm not alone, but terrifying because it shows how broken this system really is. Thanks for the encouragement!
One last tip - if you do get laid off and have trouble reaching Washington ESD by phone for any reason, that Claimyr service someone mentioned earlier really does work. I used it when my claim got stuck and needed to speak with someone urgently. Saved me days of calling.
I went through a layoff situation about 6 months ago and want to add that you should also be prepared for the emotional side of this process. Even though layoffs qualify for benefits and the system is generally supportive, losing your job is still stressful. Don't be afraid to reach out to the WorkSource career counselors - they offer free services beyond just job search requirements. They helped me update my resume and practice interviewing, which made me feel more confident during the job hunt. Also, consider joining some local networking groups or LinkedIn communities for your industry. Sometimes the connections you make there are just as valuable as the unemployment benefits themselves.
This is really thoughtful advice. I hadn't even considered the emotional aspect of all this. The uncertainty of not knowing if I'll actually be laid off is already getting to me, so I can only imagine how I'll feel if it actually happens. Do you know if the WorkSource career counselors can help even before someone is officially unemployed? It might be good to get a head start on updating my resume just in case.
@dc59f834f668 Yes, you can absolutely access WorkSource services before you're officially unemployed! I actually went to one of their workshops while I was still employed but knew layoffs were coming. They have career exploration sessions, resume workshops, and networking events that are open to anyone. It's actually smart to get ahead of it - having an updated resume ready and knowing what's out there in your field can reduce some of the anxiety. You can find local WorkSource offices and their workshop schedules on the WorkSourceWA.com website. Some locations even offer virtual sessions now which makes it easier to attend while you're still working.
Isabella Ferreira
Must be nice. Still waiting here after 3+ months with ZERO movement despite uploading MULTIPLE hardship statements. System still completely broken for most of us.
0 coins
Aisha Khan
Congratulations Javier! Your success story gives me hope as someone who's currently at week 5 of adjudication. I'm definitely going to upload a hardship statement today after reading about your experience. For others still waiting - it sounds like the weekend processing is real but limited, so don't give up hope. The fact that they're prioritizing 8+ week claims and hardship cases means there is some method to the madness, even if it doesn't feel like it when you're stuck waiting. Thanks for sharing your outcome and keeping the rest of us informed!
0 coins
Mateo Perez
•Thank you for the encouragement! I was really starting to lose hope after weeks of no updates, but this community has been incredibly helpful. The hardship statement definitely seems worth trying - even if it's just coincidence that mine got processed right after, it can't hurt to document your situation. I'd also recommend keeping detailed records of when you check your account and any patterns you notice in updates. Good luck with your claim, and I hope you see movement soon! The waiting is absolutely brutal but there does seem to be light at the end of the tunnel.
0 coins