How to Appeal an Unemployment Denial in Washington

• Mailing Date: The date ESD mailed the decision—this is the date from which your 30-day appeal deadline is counted.

• Letter ID: A unique identifier for this specific decision (important for referencing your appeal).

• Reason for Denial: A clear statement of why your benefits were denied (e.g., misconduct, voluntary quit without good cause, not available for work).

• Law References: Citations to the specific Washington Employment Security Act sections (RCW 50) that apply to your case.

• Factual Findings: A summary of the facts ESD used to make the determination, often based on information from your employer or your interview.

• Appeal Instructions: Information about your right to appeal, the 30-day deadline, and how to submit your appeal through eServices, mail, or fax.

Misconduct: You were discharged for misconduct connected with your work—willful or wanton disregard of your employer’s interests, deliberate violation of rules, or disregard of standards of behavior the employer has the right to expect.

Voluntary Quit Without Good Cause: You left your job voluntarily for reasons that Washington law does not consider “good cause” (such as personal reasons not connected to the work or employer).

Not Available or Able to Work: You are not available for full-time work, have restrictions that prevent you from accepting suitable work, or cannot work due to personal circumstances.

Refused Suitable Work: You turned down a job offer that ESD considered suitable based on your work history, skills, and the local labor market.

Insufficient Work History or Wages: You did not earn enough wages during your base period to qualify financially for unemployment benefits.

💡 Pro Tip: Read your decision letter carefully and identify exactly which law section (RCW) is cited. This will help you understand what ESD must prove and what you need to disprove or explain in your appeal.

⏰ Start Date & Countdown

Your 30-calendar-day appeal deadline begins on the date ESD mails the decision letter—this is the mailing date printed on your decision letter, not the date you received it. The 30-day period includes weekends and holidays. Your appeal must be received by ESD (if online or in person), postmarked (if by mail), or transmitted (if by fax) within 30 days from the mailing date.

• Online (eServices): Your appeal must be submitted through your eServices account within 30 days from the mailing date. This is the fastest and most reliable method.

• By Mail: Your appeal must be postmarked by the U.S. Postal Service on or before the 30th day from the mailing date. Use certified mail with return receipt requested for proof.

• By Fax: Your appeal must be successfully transmitted by fax on or before the 30th day from the mailing date. Save your fax confirmation report.

⚠️ Important: Do not wait until the last day to file your appeal. System outages, mail delays, fax transmission errors, or office closures can cause you to miss the deadline. File as soon as possible after receiving your decision.

✅ Option A: Appeal Online Through eServices (Recommended)

The fastest, easiest, and most reliable way to file your appeal is online through your Washington eServices account. This method provides instant confirmation and creates a digital record of your appeal submission.

How to Appeal Online:

1. Log into eServices: Go to secure.esd.wa.gov and sign in with your SecureAccess Washington (SAW) credentials.
2. Select Your Claim: Choose the unemployment claim you want to appeal.
3. Go to the “Decision” Tab: Click on the “Decision” status tab in your eServices account.
4. Find the Decision You’re Appealing: Look for the specific decision letter you received and want to challenge.
5. Click “Appeal”: Select the “Appeal” button next to that decision.
6. Complete the Online Form: Provide all required information, including your reasons for appealing and any supporting details.
7. Take a Screenshot: Save a screenshot or printout of your confirmation page as proof of submission.

Note: Some types of decisions cannot be appealed online. If the online appeal option is not available for your decision type, follow the instructions in your decision letter and use the mail or fax method below.

📮 Option B: Appeal by Mail

You can submit a written appeal by mail. You may use the official ESD appeal request form or write your own letter. Your appeal must include specific information to be considered valid.

What to Include in Your Written Appeal:

1. Your Full Name
2. Your Social Security Number or Claim ID Number
3. Your Current Mailing Address and Phone Number
4. The Letter ID (found on your decision letter—this helps ESD identify which decision you’re appealing)
5. The Mailing Date of the Decision (printed on the decision letter)
6. A Clear Statement: “I appeal the decision dated [mailing date] denying my unemployment benefits.”
7. Why You Disagree: Explain specifically why you believe the decision is wrong. Include all relevant facts and reasons.
8. Evidence: Attach copies (not originals) of any documents that support your case.
9. Witnesses: List the names and contact information of any witnesses you want to testify at the hearing.
10. Interpreter or Accommodations: Request language interpretation (including American Sign Language) or disability accommodations if needed.
11. If Filing Late: If your appeal is after 30 days from the mailing date, explain why it is late and provide supporting documentation.
12. Your Signature and Date

Official ESD Appeal Request Forms:

• English: ESD Appeal Request Form (PDF)

• Spanish: Formulario de Solicitud de Apelación (PDF)

📠 Option C: Appeal by Fax

You can fax your written appeal (form or letter) to ESD. Include all the information listed in Option B above.

💡 Important Reminder: If you are appealing multiple decisions, submit a separate appeal for each decision (online) or include all Letter IDs in your written appeal (mail/fax).

About the OAH:

• Independent Agency: OAH is not part of ESD. It is a neutral, third-party agency that ensures fair hearings.

• Administrative Law Judges (ALJs): Your case will be heard by an ALJ—an attorney trained in administrative law who will act as the judge.

• Impartial Process: OAH judges review cases based solely on the evidence and testimony presented at the hearing, without bias toward ESD or employers.

• Hearing Date and Time: The scheduled date and time for your telephone hearing (typically Pacific Time Zone).

• Docket Number: Your unique case number at OAH (use this to reference your case).

• Administrative Law Judge (ALJ) Information: Name and contact information for the judge assigned to your case.

• Hearing Format: Most unemployment hearings are conducted by telephone. The notice will explain how to participate.

• Issues to Be Decided: The specific legal questions the ALJ will address (e.g., whether your discharge was for misconduct).

• Instructions for Submitting Documents: How to submit evidence and exhibits before the hearing (through the OAH Participant Portal or by fax).

• Participant Portal Access: Information about accessing the OAH Participant Portal to manage your case online.

How to Access the OAH Participant Portal:

1. Go to secureaccess.wa.gov and log in with your SecureAccess Washington (SAW) credentials (the same account you use for eServices).
2. Once logged in, navigate to the OAH Participant Portal section under “Manage My Case”.
3. View your case documents, upload exhibits, and check hearing information.

Learn more about the OAH Participant Portal

• Days 1-30: File your appeal within 30 calendar days from the mailing date on your ESD decision letter.

• Weeks 2-8: ESD reviews your appeal. If ESD cannot change its decision, your case is forwarded to OAH. Timelines vary depending on caseload.

• Notice of Hearing: OAH schedules your hearing and mails you a Notice of Hearing with the date, time, and hearing instructions.

• Hearing Day: You participate in a telephone hearing with the ALJ, ESD representative, and your former employer (if they appear).

💡 Pro Tip: Check your mail regularly and make sure ESD and OAH have your current address. Missing your Notice of Hearing can seriously harm your case. If you move, update your address immediately through eServices or by contacting ESD.

• Text Messages & Emails: Communications with your employer, supervisor, or HR about the incident, your separation, or relevant workplace issues.

• Pay Stubs & W-2s: Proof of employment, wages, and work dates.

• Performance Reviews & Evaluations: Documents showing satisfactory or excellent performance (especially helpful if you’re accused of poor performance or misconduct).

• Medical Records or Doctor’s Notes: If you quit or were fired due to health reasons, disability accommodation requests, or injury.

• Photos or Screenshots: Visual evidence of working conditions, safety hazards, harassment, or relevant documentation.

• Company Policies or Employee Handbook: Written policies (especially if the employer claims you violated a policy you were never told about).

• Written Warnings or Disciplinary Records: If you received warnings, bring them. If you didn’t receive warnings before termination, point that out.

• Witness Statements: Written, signed statements from coworkers or others with firsthand knowledge of the situation.

⚠️ Critical Deadline: You must submit your evidence (exhibits) to OAH before the hearing. Check your Notice of Hearing for specific submission deadlines and instructions. Upload documents through the OAH Participant Portal or fax them to the OAH fax number listed on your Notice of Hearing. Submit your documents as early as possible—ideally at least a few days before the hearing. All parties (ESD and your employer) must receive copies of your evidence. The OAH portal automatically shares documents with all parties when you upload them.

How to Submit Documents to OAH:

• Through the OAH Participant Portal: Log into secureaccess.wa.gov and upload your documents under “Manage My Case.” This is the preferred method.

• By Fax: Fax documents to the OAH fax number listed on your Notice of Hearing.

Important: Before uploading, remove (redact/black out) any confidential information not relevant to your appeal, such as bank account numbers, medical record numbers, or personal information of others.

• Contact Witnesses in Advance: Confirm they are available and willing to participate in the telephone hearing at the scheduled time.

• Prepare Them for Testimony: Explain what the hearing is about and what questions they might be asked.

• Provide Witness Information to OAH: Include witness names and phone numbers in your appeal or notify the ALJ before the hearing.

• Keep Them Available: Witnesses should remain by their phone during the hearing until the ALJ calls them to testify.

• Write an Outline: Before the hearing, write down the points you want to cover. Make a checklist of the facts you feel are important. Organize your story chronologically with dates, times, and names.

• Address the Reason for Denial: Specifically explain why ESD’s or your employer’s version of events is incorrect or incomplete.

• Stick to What You Know: Only testify about things you personally saw, heard, or did. Don’t speculate or guess.

• Write Down Questions: Prepare questions you want to ask your witnesses or the opposing side (your employer). Use your list to make sure you don’t forget anything.

• Be Honest: If you don’t know or don’t remember something, say so. Never lie or exaggerate—it will destroy your credibility.

💡 Resources for Legal Help: Contact the Unemployment Law Project (unemploymentlawproject.org), Washington LawHelp (washingtonlawhelp.org), or local bar associations for free or low-cost legal assistance.

• Know Your Docket Number: This is the case number on your Notice of Hearing (you’ll use it to reference your case).

• Have All Documents Ready: Keep your Notice of Hearing, all evidence you submitted, and your notes organized and within reach.

• Find a Quiet Location: Choose a private, quiet place free from background noise, interruptions, children, or pets.

• Use a Reliable Phone: Use a landline or cell phone with strong reception. Avoid speakerphone if possible (it can create echo and distortion).

• Request Interpreter or Accommodations: If you need language interpretation (including American Sign Language) or disability accommodations, notify OAH as early as possible using the contact information on your Notice of Hearing.

• Be Present and Ready: The ALJ will call you at the scheduled hearing time. Make sure you answer the phone promptly.

1. Opening & Introduction: The ALJ will introduce themselves, confirm the identities of all parties, explain the hearing process, review the issues to be decided, and explain the order of testimony. The ALJ will then swear everyone in under oath.

2. Review of Documents & Exhibits: The ALJ will review the documents in the record and identify any exhibits submitted by the parties. Parties will have the opportunity to object to exhibits.

3. Testimony: Each party will present their testimony and evidence. The ALJ will ask questions to clarify facts and ensure a complete record. You and the employer may ask questions of each other and each other’s witnesses (cross-examination).

4. Witnesses: If you have witnesses, notify the ALJ at the beginning of the hearing. The ALJ will call them when it’s time for their testimony.

5. Closing Statements: Both parties may make a brief closing statement summarizing their case and why they believe they should prevail.

6. End of Hearing: The ALJ will close the record and explain when you can expect a written decision.

✅ Be Punctual: Be ready by your phone at the scheduled time. The ALJ will call you—don’t call the ALJ unless instructed.

✅ Answer Clearly & Directly: Listen carefully to each question and answer truthfully. Say “yes” or “no” rather than “uh-huh” or “mm-hmm.”

✅ Stay Calm & Professional: Remain respectful even if you disagree with the employer’s or ESD’s statements. Do not interrupt or argue.

✅ Tell the Truth: Honesty is essential. If you don’t know or don’t remember something, say so.

✅ Take Notes: Write down key points and questions you want to address when it’s your turn to speak or cross-examine.

✅ Ask for Clarification: If you don’t understand a question, politely ask the ALJ to repeat or rephrase it.

✅ Address the ALJ Professionally: Address the ALJ as “Judge” or “Administrative Law Judge” to show respect.

⚠️ Warning: If you’re late to the hearing, the ALJ may proceed without you. Make every effort to be on time and ready to participate.

✅ What to Do Next: Continue filing your weekly claims and looking for work. Follow all ESD requirements to maintain eligibility.

• Deadline: You must file your Petition for Review within 30 calendar days from the date the Initial Order is mailed or delivered to you, whichever is earlier.

• How to File: Follow the instructions in the Initial Order. Your petition must be in writing and explain why you believe the ALJ’s decision was wrong.

• Where to File: Submit your Petition for Review to the address provided in the Initial Order (typically the Commissioner’s Review Office).

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