Please note that each Unemployment Insurance Benefits claim is unique and that the information on this page is a general outline of the process for applying and securing unemployment benefits in the State of Washington and is not intended to provide specific advice for any particular claim. One of the attorneys at the Causey Law Firm, Kim Krummeck, has over ten years experience in advocating for unemployment benefits claimants, is currently a volunteer with the Unemployment Law Project and was previously a staff attorney with that organization. He has taken many appeals to Superior Court and to the Court of Appeals over the years. If you have any questions about Unemployment Insurance Benefits please feel free to contact The Causey Law Firm.

What should I do if I have been denied unemployment benefits?
If you have received an Initial Determination from the Employment Security Department (ESD) denying you unemployment benefits, you have 30 days to appeal that decision by requesting a hearing before an administrative law judge (ALJ) at the Office of Administrative Hearings (OAH). You should not miss any of the deadlines for filing appeals, as this may waive your right to further appeal. OAH will notify you of your hearing schedule in writing and provide you with information relative to preparing and presenting your case, including proposed exhibits. Many hearings are conducted on the telephone but you may want to request an in-person hearing. Be aware that your previous employer may also appeal a decision granting you benefits and it is in your best interest to respond to that appeal. If you request a hearing and fail to participate, it is very likely that you will lose your appeal by default. If your employer requests a hearing and you do not participate, you will waive the right to tell your story. You should continue to claim benefits each week even if you have been denied. You will only receive benefits for weeks, which you have claimed.

What should I do before my hearing?
Contact any witnesses who may have relevant information about your job separation and gather any documents (proposed exhibits) containing information relevant to your job separation. Understandably, it may be very difficult to convince witnesses to testify on your behalf if they are still employed by your previous employer. You should mail or fax these documents to the appropriate OAH office and to all interested parties. You may notify the ALJ that you intend to call witnesses at the beginning of the hearing and they may testify telephonically. You are not required to present witnesses or additional evidence at the hearing and it is not uncommon that your testimony is the only evidence you present. You should also keep your job search log up to date and have it available at your hearing.

Should I be represented at my hearing?
OAH hearings are fairly informal but are still legal proceedings with sworn testimony and a tape-recorded record. Issues of law are raised and the judge will decide if the nature of your job separation qualifies you for unemployment benefits. You may be represented at your hearing by an attorney, a non-attorney representative or someone else of your choice. It is obviously to your advantage to be represented by someone who is familiar with the hearing process and unemployment benefits law. Employers are often represented by non-attorney human resources specialists who have significant hearing experience.

What will happen at my hearing?
The ALJ will call the hearing to order, swear in the witnesses, review the exhibits, and take testimony. Issues at the hearing include the nature of your job separation, i.e. whether you were terminated or quit, whether your job separation qualifies you for benefits, and whether you have been available and able to work while claiming benefits. Your representative and/or the ALJ will ask you questions about these issues. The employer will then have the opportunity to cross-examine you. The employer's representative and/or the ALJ will then ask the employer's witnesses questions and you will have the opportunity to cross-examine each of them. It is very important that you make a complete record of your case by adding relevant information not included in the questioning, as the evidence presented at the hearing will be the sole basis for any further appeal. The ALJ will issue a written decision some time after the hearing.

What happens next?
If the ALJ denies your benefits you or your representative may file a Petition for Review appealing the decision to ESD within 30 days. A Commissioner's Review Judge will consider your petition and issue a written decision. If this decision denies you benefits you may file a further appeal in the Superior Court of the county of your residence or in Olympia, Thurston County. On rare occasions, unemployment benefits appeals may be filed in the Washington State Court of Appeals or Supreme Court.

Please feel free to contact our office for more information.