WASHINGTON STATE UNEMPLOYMENT APPEAL: Voluntary Quit

Before you ever apply for unemployment benefits, know this rule:

(a) An individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has left work voluntarily without good cause and thereafter for seven calendar weeks AND UNTIL he or she has obtained bona-fide work in employment covered by this title AND earned wages in that employment equal to seven times his or her weekly benefit amount.

. If you have questions as to what your weekly benefit would have been, contact the Employment Security Department:

Submit questions about unemployment benefits eligibility, the application process, receiving your check, filing a weekly claim, qualifying for special benefits or over-payments

800-318-6022, TTY 800-365-8969

That's right, even if you quit "Without Good Cause", you WILL BE ELIGIBLE FOR BENEFITS. You must wait SEVEN WEEKS AND EARNED SEVEN TIMES YOUR WEEKLY BENEFIT AMOUNT. Take your weekly benefit amount (can be obtained from Employment Security Department by phone) and multiply it by seven. The secret is, YOU MUST FILE FOR BENEFITS EVERY WEEK.

File your weekly claim here:

http://www.esd.wa.gov/uibenefits/fileweekly/file-weekly-claim.php

http://www.esd.wa.gov/uibenefits/formsandpubs/claims-kit.pdf

Before you file, study the laws of Voluntary Quit and know what the Employment Security Department allows:

http://apps.leg.wa.gov/RCW/default.aspx?cite=50.20.050

Another issue to beware of is if you are awarded benefits, your employer can fight this and may cause your benefits to be revoked, with you having to pay every cent back that you received. This is a possibility if you are denied, appeal and win. The employer can still come back and fight the appeals ruling.

Voluntary Quit Cases- RCW 50.20.050 (2)(a)

How do I present my case at a voluntary quit hearing?

A claimant who quit work does not qualify for unemployment benefits unless the claimant quit for good cause. In a voluntary quit case, the claimant has the burden of showing he or she quit for “good cause.”

Where the claimant quit for medical reasons, safety hazards, or illegal activities, the claimant must also prove that he or she took reasonable steps to preserve his or her employment before quitting, unless it would have been futile to do so. See RCW 50.20.050(2).

How do I establish “good cause” to quit?

To show good cause, the claimant must show that the job separation was for one or more of the following reasons:

(1) The claimant received a bona-fide job offer elsewhere;

(2) The claimant or an “immediate family member” suffered an illness or disability inconsistent with continuing work;

(3) The claimant accompanied a spouse or registered domestic partner when he/she moved for a job and remained employed as long as reasonable prior to the move;

(4) The claimant needed to protect him or herself or an “immediate family member” from stalking or domestic violence;

(5) The employer reduced the claimant’s usual pay by 25% or more;

(6) The employer reduced the claimant’s usual hours by 25% or more;

(7) The work site was changed by the employer to a location more difficult to reach than the ordinary commute for workers in similar jobs in the labor market ;

(8) Work site safety deteriorated, claimant reported the deterioration to the employer who failed to correct in a reasonable amount of time after notification;

(9) Illegal activities occurred in the workplace, claimant notified the employer but the illegal activities continued after a reasonable time after notification;

(10) The employer changed the claimant’s work to work that violates the claimant’s sincerely held morals;

(11) The claimant quit to enter an apprenticeship program approved by the State and Department; and

(12) The claimant worked at the same time a full time job and a part time job. The claimant quit the part time job and later loses the full time job.

Where the claimant quit for medical reasons, safety hazards, or illegal activities, the claimant must also prove that he or she took reasonable steps to preserve his or her employment before quitting, unless it would have been futile to do so. See RCW 50.20.050(2).

Definition of “immediate family” – The definition of “immediate family” has been changed to include domestic partners. See WAC 192-150-055(4). The rule is available online at http://www.leg.wa.gov/CodeReviser/Pages/default.aspx in the Washington Administrative Code.

Definition of “family member”- in determining whether corporate officers are related by blood or marriage, the term “family member” includes domestic partners. See WAC 192-310-190. The rule is available online at http://www.leg.wa.gov/CodeReviser/Pages/default.aspx in the Washington Administrative Code.

Make sure you have documentation and proof that you made EVERY ATTEMPT TO KEEP YOUR JOB, SECURE ANOTHER POSITION AND/OR OBTAIN A LEAVE OF ABSCENSE before leaving. Always, when possible, leave two weeks notice, allowing the employer more time to rectify the situation. If you were ill, see a doctor. Ask the doctor if it is his/her suggestion that your health issues are work related and if they suggest you quit or a leave of absence. If you are following your spouse that accepted employment in another town or state, make sure you have tried to find employment for two - three months, unsuccessfully, before leaving your job. Let the Employment Security Department know when you are filing that you tried to obtain employment where your spouse was transfered to and that the cost of operating two households is no longer a financial option. Read all the rules and laws pertaining to Voluntary Quit. When studying these, look at the "loopholes" at the end of each stipulation. OR, AND, IF, WHEN are all words at the end of a stipulation that require more action for eligibility. AND ALWAYS, GET DOCUMENTATION WITH DATES/TIMES/SIGNATURES.

http://apps.leg.wa.gov/RCW/default.aspx?cite=50.20.050

If you Voluntarily Quit and believe you quit with Good Cause, according to the stipulations of the Employment Security Department, and were denied benefits, you can appeal this decision. The steps to appealing are as follows:

Disagree with a benefits decision? You can appeal (in writing) by fax or mail
Fax: 800-301-1795
Mail: Claims Center Appeals, P.O. Box 19018, Olympia, WA 98507

Steps to filing an Appeals Hearing will be mailed to you within 10 days.

Prepare yourself by following the steps outlined on this link:

http://www.oah.wa.gov/Unemployment.shtml

http://www.esd.wa.gov/uitax/formsandpubs/copy-of-appeals-brochure.pdf

You do not need to hire an attorney. Washington state offers FREE legal assistance at this link:

http://unemploymentlawproject.org/contact/

http://washingtonlawhelp.org/wa/showdocument.cfm/doctype/dynamicdoc/ichannelprofileid/14435/idynamicdocid/1722/iChannelID/7/foreignlanguage/1

Remember, every piece of evidence, testimony and documentation MUST be presented at this initial Appeals Hearing.

After your hearing, you will receive a notice that your case was Affirmed or Overturned, normally within 10 days. Affirmed means the Administrative Law Judge found that the previous denial was to be upheld. An Overturned ruling means the previous denial finding was incorrect and your claim for benefits was approved. A copy of the hearing can be obtained by calling the Employment Security Department: 800-318-6022, TTY 800-365-8969

If your Appeal was Affirmed, you have three more steps you can take:

1. If a decision goes against you, you have the right to appeal by filing a Petition for Review with the Commissioner of the Employment Security Department. A Commissioner's Review Judge will review the ALJ's decision, the audio recording of the hearing and the exhibits. There will not be another hearing so it is important that you present all the relevant facts related to your case at the initial hearing.

You will have 30 DAYS to file a Petition for Review after the date OAH mails the decision to you. The appeal deadline as well as the instructions for filing a Petition for Review are explained in the ALJ's decision under the section entitled "Petition for Review Rights."

The Petition for Review must be in writing. It must be postmarked and mailed to the Agency Records Center, PO Box 9555, Olympia, WA 98507-9555, and must include your docket number. Do not file your Petition for Review by facsimile (fax). Do not mail your petition to any location other than the Agency Records Center or your appeal may be dismissed. A Petition for Review does not need to be filed on an official form.

All argument in support of the Petition for Review must be attached to and submitted with the Petition for Review, and may not be more than five one-sided pages.

If you missed your hearing or are filing your Petition for Review after the 30-day filing period, you must explain why. Keep in mind that failing to file on time could mean your case will not be reviewed.

If you file a Petition for Review, the other party will receive a copy of the petition and may reply.

What does the Commissioner's Review Office do?

The Commissioner's Review Office does not hold new hearings. It reviews the evidence presented at the hearing conducted by the ALJ. The evidence consists of recorded testimony given at the hearing and any written or physical evidence presented at the hearing.

The Commissioner's Review Office will also consider any written arguments you may want to present. Written argument is not required, but if you choose to submit argument, you must send it in with your Petition for Review. Your argument may not exceed five one-sided pages. The Commissioner's Review Office strictly enforces this requirement, and will return any pages in excess of five.

After reviewing the case, the Commissioner's Review Office will issue a decision to affirm, set aside, or modify the ALJ's Initial Order. It may also send your case back to OAH (remand) if there is not enough evidence to make a decision.

Special instructions for claimants during the appeal process:

If you are a claimant and you are not working full time, file your weekly claims on your regular schedule. If you do not submit claims on time while waiting for your appeal hearing, the ALJ's decision or the Commissioner's decision on a Petition for Review, you may be denied payment for the weeks claimed late. Call ESD if you have difficulty filing your claims.

Remember you cannot present any new evidence, testimony or documentation. The step of filing an Appeal with the Commissoner's Review Board, is to refute the facts/findings that you did not receive a fair hearing with the Administrative Law Judge. You will again receive a notice if the Administrative Law Judge's finding were Affirmed or Overturned. You will receive notice within 20 days.

If the Commissioner's Review Board's findings are Affirmed, you will have 20 DAYS to petition the Commissioner's Review Office to review your case. Instructions for filing a petition will be provided with the findings of the Commissioner's Review Board. The acceptable reasons for filing with the Commissioner's Review Office are 1. The petitioner was denied a reasonable opportunity to present argument under WAC 192-04-170: http://apps.leg.wa.gov/wac/default.aspx?cite=192-04-170 2. Obvious Material was overlooked 3. Clerical error in decision.

Within 20 days, you will receive the findings of the Commissioner's Review Office. If you receive an Order Denying Petition for Reconsideration, the last step of action is to file a Judicial Appeal. If you truly believe you have "Good Cause", as explained by the Employment Security Departments governing laws and proof to show that you took every step to preserve your job and feel you were not given a fair hearing or fair judgement, then take this last step.

This last step is actually taking your case to the Superior Court. You have 30 days from the date of the letter sent to you by the Commisioner's Review Office. The last letter you received.

File you judicial appeal directly with the Superior Court of the county of your residence or Thurston County, Washington. If you are NOT a Washington state resident, you must file your judicial appeal with the Superior Court of Thurston County.

AND

Serve a copy of your judicial appeal by mail or personal service within the 30-day judicial appeal on the Commissioner of the Employment Security Department, the Office of the Attorney General and all parties of record.

The complete instructions and address's for serving the Employment Security Department and Attorney General will be on the final denial letter you receive from the Commissioner's Review Office.

Again, you DO NOT need an attorney. It is fully your option to obtain one and if you win, normally the attorney's fees will be paid for by the court. But remember, if you lose, you pay 100% of the attorney's costs. www.washingtonlawhelp.org is provided as a public service, and can assist with legal issues.

My husband is 48 years old and has had three jobs in his life. A high school job in a grocery story. A job working in the produce department in another grocery store for thirteen years. And his last job of over eighteen and a half years as a department manager for a different grocery store. After eighteen and a half years (on top of the previous thirteen) he could make no more money and had achieved the highest position he could within the store. He made the decision to become an over the road truck driver. After searching through many companies that would train him as well as hire him, he made the decision to work for a trucking company in Salt Lake City, Utah. When he left to go to school and training in Utah, he was in good health (we had medical documentation to prove this). Within the first two weeks of school (sponsored by the actual company that had hired him, on their property) he took a medical test for his Department of Transportation Medical Card (required for driving). His blood pressure was so high he was almost refused the card. His second reading was high enough to cause him to only receive a one year card rather than the normal two year card. This is someone I have known for thirty years and has only suffered from low blood pressure, not high. Another week went by, he had finished his schooling and was ready to start driving the truck with a trainer from coast to coast. The day before he was to start driving his body broke out in a rash. He went to the immediate care, had a very high heart rate and was told (and documented) that his rash was due to stress. After driving 10 hours a day on a 14 hour shift, seven days a week and trying to sleep in the moving truck when not driving, his health was in trouble. He could not sleep while the truck was moving, he would toss and turn. While driving, his trainer slept in the cab, rather than training. His head started pounding from stress and possible high blood pressure. He was extremely fatigued due to lack of sleep. He emailed his supervisor about the way he was feeling and was told to "give it time". He complained continually to his trainer, who gave no options. After four weeks of driving from California to Florida to Pennsylvania to Utah, he could take no more. He quit and came home.
This is someone who has NEVER been unemployed or collected unemployment benefits in his life. He filed for unemployment and started looking for a job immediately. With our current economy, it was a lot harder to find a job that he thought it would be. He applied everywhere and finally found a part-time job driving a school bus. He waited to hear from unemployment and was shocked to find that his benefits were DENIED. His employer of eighteen and a half years did not fight his claim, but the truck driving company did. He appealed and made the decision to hire an attorney, feeling his case was very clear that he had quit due to his health. His attorney quoted a bill (but not a cap) of $500-$1,000. We both prepared for the appeal hearing, had all our evidence and testimony prepared. Our attorney did a good job of presenting his case over the phone. The Administrative Law Judge was completely unprepared, did not have the evidence (doctors statements previously sent by our attorney) exhibits printed out and did not know how to download and print them. She continued to apologize and stall, she never was able to print the documentation. She acted as if she was disinterested during the entire hearing and fiddling with the computer, scrambling to get prepared. Toward the end of our hearing, she asked if we could hurry up as she had another hearing and was now late for it. We hurried and finished, feeling "unheard".

Halloween came and so did the mail. Trick or treat, we were extremely upset to see that we received - a denial of benefits due to "preponderance of the evidence provided" he did not prove that he quit with "Good Cause." The denial letter even stated that although he sought medical attention, the doctor had not TOLD him to quit (now where is that in the unemployment rules),Within a week, more mail came. This time it was a nearly $1,600 bill from the attorney!!

I took over from here and appealed the appeal, even trying to include the email my husband had sent to his supervisor, including the supervisors reply (it had been overlooked and not included as evidence at the initial hearing). The appeal of the appeal was denied and the email was deemed inadmissible. I then appealed the appeal of the appeal and was received a fourth denial with a letter providing instructions pertaining to the last avenue. The last step was to file a judicial appeal through the superior court.

We had moved out of state to Southern Oregon and would have to travel to Thurston County, Washington for the hearing. Beside the fact that we were both exhausted from fighting and my husband now had two part-time jobs and was working more than 40 hours a week. It would have been nice to receive a back payment, but not worth the gamble again.

After studying previous cases fought as well as the laws and stipulations of the Employment Security Department, I found an error that might have changed our outcome, as well as a law that should have been pointed out to my husband by the attorney.

Where the claimant quit for medical reasons, safety hazards, or illegal activities, the claimant must also prove that he or she took reasonable steps to preserve his or her employment before quitting, unless it would have been futile to do so. See RCW 50.20.050(2). The attorney never asked if my husband had any documentation showing that he had contacted his supervisor in regards to his health issues and my husband never mentioned anything to anyone about the email in which he had told his supervisor about his health.

It should have been disclosed that he would be eligible for benefits despite a voluntary quit. We may not have expended so much time, energy and money fighting the appeals board.

(a) An individual shall be disqualified from benefits beginning with the first day of the calendar week in which he or she has left work voluntarily without good cause and thereafter for seven calendar weeks and until he or she has obtained bona-fide work in employment covered by this title and earned wages in that employment equal to seven times his or her weekly benefit amount.

Make sure you have read through all the laws pertaining to unemployment laws before you fight or even file. Do not rely on an attorney (even one that specializes in unemployment cases), to know all the state unemployment laws.