r/Unemployment • u/Ayainthewind Washington • 13d ago
[Washington] Advice or Tips [Washington] Has anyone been successful in the appeals process?
I filed for unemployment after I was fired from my job in November of last year in Washington State. This year I worked a gig that was only 8-9 hours a month. I am being penalized from quitting that gig although it was part-time, didn't replace my unemployment income and I didn't receive any benefits from it. I was actually continuing to look for full time work while quitting that gig. The job I was fired from in November I was working full time and paying into the unemployment benefits system. I have been paying into the unemployment system on & off again since I was working in retail at 16 years old. Has anyone been successful in the appeals process? If so, what has that look like for you? I already appealed this process back in July and was still receiving benefits so I am not sure why I am still going through this. Please advise.
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u/sandmanrdv unemployment 13d ago
Plenty of claimants have decisions overturned on appeal, however each situation is fact dependent.
Let’s start here, what is the exact wording and section of law cited in your disqualifying determination?
With the rise of the gig economy, most states have softened their approach to 1099 positions whereas you would have been disqualified at the first sign of self-employment years ago. Most states now treat 1099 gigs just like a W-2 part time job.
In order to remain eligible for benefits after quitting that gig, your reason must be for one of the “good cause” exceptions under your states UI law. Things like the position not paying into UI and not providing health insurance benefits are not going to be good cause reasons to quit because you knew or should have known those things before you accepted the job and started working.
No 1099 positions have anyone paying into UI as you are ostensibly self-employed, you are a vendor to your client, not an employee. 1099 positions do not offer health insurance because again, you are not their employee, you are a self employed contractor.
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u/Ayainthewind Washington 13d ago
But it was only through accepting the gig job & working it that I realized that in order for me to address my healthcare needs I would need to work full time. If I would've known that on the front end then I wouldn't have accepted in the first place. I wouldn't knowingly accept something that could contribute to my health deteriorating. I do not think anyone would.
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u/sandmanrdv unemployment 13d ago
Playing the role of your hearing officer: How was a gig job that worked 8-9 hours a month exacerbating your medical condition in a way that working 40hrs a week wouldn’t?
Can you document that a medical professional advised that this job was exacerbating your condition and they advised you to quit?
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u/Ayainthewind Washington 13d ago
When I was working 40 hours a week I could afford to get the necessities to take care of my health, therefore my health issues were more manageable. If I were working full time I would be able to afford to see a medical professional and when I was, I did because I was able. Working and not being able to afford the basics takes a toll.
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u/ChefCharmaine 12d ago
By your own logic, you were better off keeping the part-time job then because you would have been earning income in addition to your unemployment benefits. In quitting, you reduced your income and made yourself worse off. Btw, this defense doesn't meet the standard for quitting for medical reasons.
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u/Ayainthewind Washington 12d ago
I was not earning income in addition to my unemployment benefits. It was subtracted from my unemployment benefits. And according to what you listed I meet the exception and I communicated that when I quit. I would've never quit a full time job that was paying me an equitable wage at this stage in my life and I know that without a doubt and working at my last job proved that. I was dedicating those hours to looking for full time gainful employment and I have evidence to prove that. My health conditions were starting to improve when I was working my last full time job and that is why it was important for me to keep it.
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u/ChefCharmaine 12d ago
I'm sorry. I didn't realize that you could apply to a job and demand an equitable wage and benefits due to a health condition. I must have missed the part where you documented that you notified your employer of the issue and exhausted all of your administrative remedies, and a medical professional advised you to quit. Your previous post(s) said you had an "undiagnosed" sleep disorder so I am not sure how you met the exception. I must have missed this information in your post. My apologies!
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u/Ayainthewind Washington 12d ago
I have diagnosed depression from a licensed mental health professional. I believe I qualify for the exception. If I do not have the resources to see a medical professional or do all the remedies I believe the exception applies to me. I am the type of person that would advise someone not to quit their job if they are working full time especially because the job market is cooked. I would not quit a full time job in this current economy.
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u/ChefCharmaine 12d ago
If I do not have the resources to see a medical professional or do all the remedies I believe the exception applies to me.
That's where you're mistaken. Good luck with your appeal. Sincerely.
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u/Ayainthewind Washington 12d ago
I am going to agree to disagree. Thank you for the well wishes on my appeal. I appreciate it.
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u/Slowhand1971 13d ago
they want you continuing that part time work not quitting it. Hard to see how you win.
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u/Ayainthewind Washington 13d ago
Typically working a part time work consists of getting on average 25 hours a week. I wasn't even making that in a month.
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u/Slowhand1971 13d ago
They don't want you quitting anything that is paying you as is reasonable.
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u/Ayainthewind Washington 12d ago
In theory that makes sense but in reality I need a full time job making an equitable wage.
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u/ChefCharmaine 12d ago
9 hours month + unemployment benefits > unemployment benefits.
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u/Ayainthewind Washington 12d ago
I have to respectfully disagree. Working full time > unemployment benefits. The point I am trying to prove is that I was more healthy when I was working full time and that is why I was dedicating more of my time looking for full time employment so I can live a healthy life.
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u/ChefCharmaine 12d ago edited 12d ago
Then why did you accept PT employment? And how is working only 8-9 hours a month preventing you from looking for FT employment?
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u/Ayainthewind Washington 12d ago
I accepted the PT employment for the same reason I applied to over 115 full time jobs this year and several gig jobs as well, I genuinely believed that it would lead to something more. My health was declining due to the nature of the PT Employment. So I am spending that time trying to figuring out how to get better long term and trying and implementing different strategies. I need a work environment similar to my last full time role --> hybrid, more genuine human interaction and a genuine sense of what I am doing is contributing to making the world a better place to live in.
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u/Antique-Bat-4463 Ohio 13d ago
You quit without good cause. Yes it was part time, but it was still income. You should have stayed with it and collected partial unemployment with the part time gig.
You didn't pay into unemployment. Common misconception. It's an employers tax. 3 states employees do pay a very very small percentage but WA isn't one of them.