As unemployment claims backlog continues to fester...
Legal pressure mounts on ESD to address "procedural nightmare" for unemployed workers in "crisis level" situation
TODAY, lawyers suing the Employment Security Department to compel the agency to promptly pay unemployment benefits filed a “Motion for accelerated review and immediate relief” [PDF of motion here, declarations here] calling for immediate intervention by the courts. With tens of thousands of unemployed workers still awaiting resolution of their claims, the new filing argues that "the procedural nightmare at ESD is an affront to dignity". Further, the motion argues, "delays in providing… workers the unemployment benefits they are owed and on which they depend for daily existence have reached crisis levels."
The motion calls for immediate action by the courts to ensure ESD makes prompt payments to claimants, and provides due process in adjudicating any issues. While these are basic obligations of the unemployment insurance system under law, the state has so far abjectly failed to provide provide unemployed workers the basic economic security they deserve.
The motion filed today is a call for expedited action on a lawsuit filed earlier this month [PDF of initial suit here] which seeks relief from the following practices engaged by ESD:
Suspending and delaying payments for claimants “without any communication or payment date in sight”
Creating confusion by sending claimants multiple, contradictory notices — some of which must be followed under threat of loss of benefits, and others of which are to be ignored.
Failing to release payments even after personal documents have been submitted
Freezing benefits for thousands of claimants
Failing to provide notice of hearing for appeals
The lawsuit seeks a “writ of mandamus” — an order from the court compelling ESD to fulfill its obligations by taking all actions necessary to ensure prompt payment of unemployment benefits, including by halting the practice of cutting off benefits without notice and without opportunity for a hearing, and by setting a maximum adjudication time to ensure timeliness of payments.
Workers impacted by ESD’s delays are available for comment. Contact Sage Wilson at sage@workingwa.org to arrange.
###
Contact: Sage Wilson, Working Washington: sage@workingwa.org