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One more thing about Claimyr - if you do use their service to reach Washington ESD, make sure you have all your questions ready beforehand. The ESD agents are usually helpful once you actually get through to them, but the call can be limited in time.
I work in HR and see this situation fairly often. While refusing a drug test is generally considered refusing suitable work, there are some nuances that might help your case. If you have a medical marijuana card or are on prescription medications that would cause a positive result, you might have grounds for appeal. Also, some employers are willing to work with candidates who are honest about needing time to get clean - it's worth asking about delayed start dates in the future. The key is being truthful with ESD about what happened and why. They do investigate these cases individually, so don't assume you're automatically disqualified.
This is really helpful insight from the HR perspective. I don't have a medical marijuana card, but I am on some prescription medications for my anxiety that might show up. Would that be something worth mentioning if I get called for an adjudication hearing? And how would I go about proving that the medications are legitimate?
I'm going through something similar right now - was terminated for attendance related to my disability accommodation. From what I've learned lurking here, the key thing is documenting EVERYTHING. Make sure you have copies of your original ADA accommodation paperwork, all doctor's notes (especially for that 4th day), any communications with HR about your condition, and proof that you followed proper call-out procedures. Also, when you do get that determination letter and file your appeal, consider requesting an "in-person" hearing (which is usually by phone now). Having a real conversation with the judge seems to work better than just submitting paperwork. The judge can ask follow-up questions and really understand that your absence wasn't willful misconduct but a medical necessity. Hang in there - it sounds like you have a solid case based on what others have shared about similar situations!
I'm really sorry you're dealing with this stress on top of everything else. Just wanted to add that if you do end up needing to go to a hearing, don't be intimidated by the process. I had a hearing last year for a different issue and the administrative law judge was actually pretty understanding and asked fair questions. One thing that really helped my case was organizing all my documents chronologically - so like your original accommodation approval, then doctor visits/notes leading up to that 4th day, the actual doctor's note for that day, your termination paperwork, etc. It helped tell the story of how this was an ongoing medical situation, not just someone skipping work. Also, if your doctor is willing, see if they can write a brief letter explaining that your condition can have unpredictable flare-ups that sometimes exceed planned accommodations. That kind of medical backing really strengthens your argument that the extra day wasn't misconduct but medical necessity. Keep your chin up - sounds like you followed all the right procedures and have good documentation. That puts you in a much better position than a lot of people who end up in appeals.
My sister got in trouble for not reporting her freelance work right away so definitely file your claim and report the hours! Better to report and get $0 than have them come after you later about it. ESD is serious about this stuff.
I went through something very similar when I started a contract position last year. Just wanted to emphasize what others have said - definitely keep filing your weekly claims and report everything accurately. The key thing that helped me was treating it exactly like any other job for reporting purposes: report the hours worked and estimate your gross earnings for that week. One thing I learned the hard way is to be super consistent with how you report each week. If you're calculating based on an hourly rate, use the same method each time. And don't stress too much about the exact dollar amount if you're unsure - ESD understands that contract work can have variable pay. The important thing is showing good faith effort to report honestly. Since it's a 6-month contract, you might want to think about whether you'll be looking for other work during that time, as that affects how you answer the job search questions. Good luck with the new position!
This is really helpful advice about being consistent with reporting methods! I'm curious - when you were doing your contract work, did you ever have weeks where the actual hours or pay ended up being different than what you initially reported? Like if a project took longer than expected or got finished early? I'm wondering how to handle those situations if they come up during my 6-month contract.
I think you should give it at least a week before following up again. From what I've seen, once your claim actually gets sent to adjudication and is in the queue, calling repeatedly doesn't speed things up and might just annoy the staff (which never helps). But definitely keep filing your weekly claims! And check your online account daily for any notices or requests for information. Once it gets assigned to an actual adjudicator, things usually move pretty quickly.
Quick update request - it's been about a week since your governor's office escalation. Has there been any movement on your claim? Sometimes these escalations create a ripple effect where things suddenly start moving quickly.
Yes! Finally got some movement. Received a call from an adjudicator yesterday who asked a few additional questions about my separation. She said my employer confirmed I was laid off due to lack of work, so there shouldn't be any issues with qualification. She said to expect a decision in the next 48 hours and that if approved, all my back weeks would be paid at once. Fingers crossed this is the final stretch! Thanks to everyone who offered advice - this forum has been a lifeline during this stressful time.
That's fantastic news! So glad the governor's office escalation worked out for you. It sounds like everything is finally moving in the right direction. The fact that your employer confirmed it was a layoff due to lack of work should make this a straightforward approval. Keep us posted on how it turns out - stories like yours give hope to others dealing with similar situations!
Sean O'Connor
Stay strong and keep filing those weekly claims! The back pay will come eventually and hopefully your decision arrives soon. It's a broken system but don't let them wear you down.
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Ava Thompson
•Thank you for the support. This thread has been really helpful - at least I know I'm not alone in dealing with these ridiculous delays.
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Ben Cooper
I'm going through a similar situation right now - filed my appeal in September and had my hearing in October, still waiting for the decision. It's incredibly stressful when you're counting on that income to pay rent and utilities. One thing that's helped me stay sane is setting a specific day each week to check for updates rather than obsessively checking every day. Also seconding what others said about continuing to file weekly claims - I almost made that mistake too until someone on here warned me. Hang in there, it sounds like you have a strong case with the documentation you mentioned.
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