Unemployment Law Project

THE UNEMPLOYMENT LAW PROJECT IS A STATEWIDE, NOT-FOR-PROFIT LAW FIRM THAT IS ESTABLISHED TO PROVIDE ADVICE, EDUCATION, ADVOCACY, SERVICES, AND REPRESENTATION TO UNEMPLOYED WORKERS, TO DEFEND THE RIGHTS AND BENEFITS OF WORKERS AND UNEMPLOYED PEOPLE, TO ADVISE WORKERS, AND TO FURTHER WASHINGTON STATE RESIDENTS IN ACCESSING UNEMPLOYMENT BENEFITS.

THE UNEMPLOYMENT LAW PROJECT (ULP) PROVIDES FREE LEGAL ASSISTANCE AND INFORMATION TO PEOPLE WHO HAVE BEEN DENIED UNEMPLOYMENT BENEFITS. WITH OFFICES IN SEATTLE AND SPOKANE, WASHINGTON, WE OFFER OUR SERVICES TO ANYONE WHO HAS OR IS ELIGIBLE FOR A WASHINGTON STATE UNEMPLOYMENT CLAIM. UNEMPLOYMENT BENEFITS ARE A PUBLIC BENEFIT, IN EXISTENCE SINCE 1935 AS PART OF THE SOCIAL SECURITY ACT, AN ENACTED IN WASHINGTON STATE IN 1937. COUNTLESS STUDIES HAVE DEMONSTRATED THAT UNEMPLOYMENT BENEFITS HELP NOT ONLY THE INDIVIDUAL UNEMPLOYED WORKER, BUT ALSO THE WHOLE COMMUNITY. UNEMPLOYMENT BENEFITS ARE PAID OUT TO LANDLORDS, GROCERY STORES, MEDICAL PROFESSIONALS, RESTAURATEURS, ETC. THE BENEFITS HELP A WORKER MANAGE A PERIOD OF UNEMPLOYMENT, STAYING IN THEIR HOME AND CONTINUING TO HAVE FOOD AND MEDICINE WHILE TEMPORARILY WITHOUT WORK. EMPIRICAL STUDIES HAVE DEMONSTRATED THAT A PERSON WHO HAS REPRESENTATION AT A BENEFITS HEARING IS MORE LIKELY TO SUCCEED IN WINNING BENEFITS THAN SOMEONE WHO IS NOT REPRESENTED. -----IN 2022 UNEMPLOYMENT LAW PROJECT STAFF, STUDENTS, AND VOLUNTEER ATTORNEYS PROVIDED REPRESENTATION IN 1211 HEARINGS. DURING THIS PERIOD 685 CASES WERE SCREENED AND REFERRED TO THE OFFICE OF CIVIL LEGAL AID ATTORNEY PANEL. ANOTHER 779 PERSONS WERE ADVISED. THE DEMAND FOR SERVICES REMAINS HIGH AS WE RECEIVE HUNDREDS OF CALLS EACH WEEK IN SEATTLE AND SPOKANE. THE OFFICE OF ADMINISTRATIVE HEARINGS (OAH) HAS ABOUT 30,000 UPCOMING HEARINGS.----- THE SEATTLE OFFICE HAS FOCUSED ON OUTREACH TO IMMIGRANT COMMUNITIES WITH OUTREACH COORDINATOR AHMED ABDI. IN 2022 ULP HAD OUTREACH EVENTS WITH SOMALI COMMUNITY SERVICES, HORN OF AFRICA, ASIAN COUNSELING AND REFERRAL SERVICES, IRAQI COMMUNITY CENTER, REFUGEE WOMEN'S ALLIANCE AND OTHERS.----- THE USE OF THE INTERPRETATION SERVICES BY ULP IS VERY HIGH. NEXT TO NW IMMIGRANT RIGHTS PROJECT, ULP HAS THE SECOND HIGHEST USE OF VOIANCE OF OTHER LEGAL SERVICES ORGANIZATIONS IN WASHINGTON STATE. THE TOP TEN LANGUAGES BY MINUTES (IN DESCENDING ORDER) ARE SPANISH, AMHARIC, VIETNAMESE, SOMALI, KOREAN, ARABIC, TAGALOG, MANDARIN, THAI AND TIGRINIA. THIS REFLECTS THE FRUITS OF OUTREACH IN THE EAST AFRICAN AND ASIAN COMMUNITIES.----- IN THE PAST TWO YEARS ULP HAS PROVIDED REPRESENTATION TO CLIENTS IN ALL COUNTIES IN WASHINGTON STATE EXCEPT COLUMBIA. THIRTY-EIGHT OUT OF THIRTY-NINE COUNTIES HAVE BEEN SERVED.----- ULP POLICY DIRECTOR SUCCESSFULLY ADVOCATED FOR A RULE CHANGE REGARDING AVAILABILITY FOR HOURS OF WORK FOR ALL CLAIMANTS. IN THE PAST A CLAIMANT WOULD HAVE TO AVAILABLE FOR WORK 24 HOURS/DAY 7 DAYS/WEEK IF THERE WERE JOBS IN THEIR FIELD DURING THOSE HOURS. MOTHERS WITH YOUNG CHILD WHO COULD NOT WORK A MIDNIGHT SHIFT WOULD BE DENIED BENEFITS BECAUSE ESD WOULD CONSIDER THEM "UNAVAILABLE" FOR WORK. THE NEW RULE ADOPTED IN 2022 REQUIRES A CLAIMANT TO BE AVAILABLE AT LEAST 40 HOURS PER WEEK. THIS CHANGED HAS ALLOWED MANY WHO WERE DENIED DUE TO CHILDCARE AND ELDER CARE RESPONSIBILITIES TO OBTAIN BENEFITS. THIS WILL HAVE THE MOST IMPACT IN COMMUNITIES OF COLOR IN WHICH MOST MINIMUM WAGE JOBS ARE 24 HOURS (RESTAURANT, SECURITY, WAREHOUSE).----- THE SPOKANE OFFICE WROTE A LETTER TO LAURA BRADLEY, CHIEF ADMINISTRATIVE LAW JUDGE OF DIVERSITY AND INCLUSION REGARDING AND ADMINISTRATIVE LAW JUDGE'S IMPROPER USE OF PRONOUNS IN AN INTIAL ORDER AFTER THE CLAIMANT INDICATED THE PREFERRED PRONOUNS IN THE HEARING. JUDGE BRADLEY ACKNOWLEDGED THAT JUDGES HAVE AN OBLIGATION TO FOSTER AN ENVIRONMENT FREE OF BIAS, PREJUDICE AND HARASSMENT AND FOLLOW THE OAH CODE OF ETHICS FOR ADMINISTRATIVE LAW JUDGES. IN A SUBSEQUENT MEETING WITH SPOKANE MANAGING ATTORNEY JULIANA REPP, JUDGE BRADLEY INFORMED ULP THAT ALL JUDGES ARE NOW SUBJECT TO MANDATORY TRAINING REGARDING GENDER PRONOUN USAGE.----- IN OCTOBER 2022 ULP STAFF MET WITH TONY GREGIO, THE NEW OAH DIVERSITY, EQUITY, AND INCLUSION MANAGER. THE "MEET AND GREET" ZOOM MEETING ESTABLISHED AND ONGOING RELATIONSHIP THAT WILL ADDRESS FUTURE CONCERNS.----- IN JANUARY AND FEBRUARY 2022 JULIANA REPP, SPOKANE MANAGING ATTORNEY MET WITH THE NATIVE AMERICAN ALLIANCE FOR POLICY AND ACTION REGARDING URBAN NATIVE AMERICAN OUTREACH. IN MARCH JULIANA REPP, CHAIRPERSON AND FOUNDING MEMBER OF THE SPOKANE COUNTY BAR ASSOCIATION, INDIAN LAW SECTION, INTRODUCED KEYNOTE SPEAKER BROOKE PINKHAM, STAFF DIRECTOR FOR INDIAN LAW AND POLICY, SEATTLE UNIVERSITY SCHOOL OF LAW AT THE SECTION'S THIRTEENTH ANNUAL CLE HELD AT GONZAGA LAW SCHOOL.-----AN AMHARIC SPEAKING UBER/LYFT DRIVER IN SEATTLE WAS ASSESED AN OVERPAYMENT FROM THE EMPLOYMENT SECUIRTY DEPARTMENT FOR OVER $20,000. HE RECEIVED BENEFITS IN 2020 AND 2021. ESD ALLEGED THAT HE DID NOT REPORT INCOME DURING THE PERIOD OF THE CLAIM. ULP REPRESENTED HIM AT HIS IN-PERSON HEARING IN THE SEATTLE OFFICE OF ADMINISTRATIVE HEARINGS OFFICE. HE HAS SEVERE HEARING LOSS AND HE NEEDED AUDIO TECHNOLOGY TO HEARING THE PROCEEDINGS WITH AN INTERPRETER. THERE WERE OVER 20 INDIVIDUAL DENIAL LETTERS FOR INDIVIDIDUAL WEEKS OF HIS CLAIM. AFTER A THREE HOUR HEARING THE JUDGE RULED THAT HE REPORTED CORRECT INFORMATION AND THE OVERPAYMENT WAS CANCELLED.-----AN ELDERLY CLAIMANT WORKED AS A CAREGIVER IN SNOHOMISH COUNTY. SHE ASKED FOR A DIFFERENT ASSIGNMENT AFTER BEING ATTACKED BY ONE OF HER CLIENTS. WHEN SHE ASKED THE EMPLOYER TO WORK FOR A DIFFERENT CLIENT, THERE WAS NO RESPONSE. SHE FILED FOR UNEMPLOYMENT AND INTIALLY RECEIVED BENEFITS. THEN ESD SENT HER A DENIAL LETTER AND ASSESSED AN OVERPAYMENT. HER PRIMARY LANGUAGE WAS KOREAN. DUE TO HER LANGUAGE BARRIERS SHE DID NOT FILE HER APPEAL ON TIME. ULP REPRESENTED HER AT THE HEARING. THE JUDGE RULED THAT SHE HAD GOOD CAUSE FOR THE LATE APPEAL AND REMOVED THE $10,000 OVERPAYMENT.-----A SPOKANE CLAIMANT WORKED AS A QUALITY INSPECTOR AT A GROCERY STORE. SHE COULD NOT SPEAK ENGLISH AND HAD COMPLETED ONLY ELEMENTARY SCHOOL. WHEN COVID-19 SPREAD , A PRIOR MEDICAL CONDITION MADE HER HIGH RISK FOR COVID. SHE COULD NO LONGER WORK AND SHE BEGAN FILING FOR UNEMPLOYMENT BENEFITS. ESD DISCOVERED AN ISSUE WITH HER ELIGIBILITY FOR THE BENEFITS RECEIVED AND ISSUED AN OVERPAYMENT NOTICE FOR OVER $30,000. ULP REPRESENTED HER AT THE HEARING AND ARGUED THAT THE NOTICE WAS VOID AB INITITO BECAUSE ESD TOOK TOO MUCH TIME TO REDETERMINE AND THERE WAS NO FRAUD OR MISREPRESENTATION. THE JUDGE REMOVED THE ENTIRE OVERPAYMENT.-----A HEARING-IMPAIRED CLAIMANT IN TACOMA REQUESTED AN IN-PERSON HEARING TO DISPUTE HER $20,000 OVERPAYMENT. ESD HAD RULED THAT HER DISABILITIES MADE HER UNABLE TO WORK AND DENIED BENEFITS A YEAR AFTER BENEFITS HAD BEEN GRANTED. A ULP ATTORNEY REPRESENTED HER AT THE IN-PERSON HEARING AT THE OFFICE OF ADMINISTRATIVE HEARINGS IN TACOMA WITH A SIGN LANGUAGE INTERPRETER. AFTER A TWO-HOUR HEARING THAT ALLOWED HER TO EXPLAIN WHY SHE FILED FOR BENEFITS AND HER WORK HISTORY, THE JUDGE RULED THAT ESD TOOK TOO LONG TO REDETERMINE HER CLAIM AND CANCELLED THE OVERPAYMENT.-----A CHINESE SPEAKING CLAIMANT WAS DISCHARGED FOR ALLEGEDLY ASSAULTING A COWORKER IN THE WHEREHOUSE WHERE HE WORKED. ESD APPROVED BENEFITS AND THE EMPLOYER APPEALED THE DECISON. IN THE HEARING THE ULP REPRESENTATIVE WAS ABLE TO POINT OUT FLAWS IN THE EMPLOYER'S INVESTIGATION, SCREENSHOTS FROM A SECUIRTY CAMERA THAT SHOWED AN OBSTRUCTED VIEW OF THE INCIDENT, INTERVIEWS CONDUCTED WITHOUT AN INTERPRETER, AND FIRSTHAND WITNESSES WHO WERE NOT INTERVIEWED. THE CLAIMANT EXPERIENCED HARASSMENT WHILE HE WAS EMPLOYED AT THAT LOCATION AND BELIEVED THAT HE WAS DISCRIMIMATED AGAINST AND DISCHARGED BECAUSE OF HIS NATIONAL ORGIN FROM CHINA DURING THE COVID-19 PANDEMIC. THE JUDGE RULED IN HIS FAVOR AND HE WAS ABLE TO KEEP HIS BENEFITS.