ULP is thrilled to announce that on Thursday, April 6, the Washington state Senate voted to adopt ESHB 1106, a bill that ULP helped develop and has pursued for six years to reform unemployment benefits to protect family caregivers.
Already passed by the state House of Representatives, the bill will shortly be on the way to the governor for signature. It means that caregivers who are faced with impossible workshift conflicts or care facility closures may receive unemployment benefits if they quit in order to find a new job.
This bill, which takes effect July 7 2024, fixes a destructive hole in the unemployment insurance safety net for family members caring for children, elderly parents, or other vulnerable adults If they are forced to quit a job because caregiving has become inaccessible
Washington’s restrictive good-cause-to-quit list covers some situations such as dangerous workplace conditions or a family member’s illness or death—but caregiving inaccessibility has been conspicuously absent. This omission is a relic of a long-past era when women’s domestic responsibilities were not considered relevant to employers’ needs.
When signed, the new law will halt the exclusion of family caregivers who have outside jobs—a majority of whom are women—from access to benefits when they have no choice but to quit their job because a change of workshift or a local condition such as a day care center closing has made family caregiving impossible.
The law will make two other important changes: A parent who needs to move to be closer to a minor child may quit with good cause, and all workers whose employer imposes a six-hour or more change in their normal work shift may also quit with good cause, with some restrictions. A last-minute compromise added a five-year sunset date to the bill, together with a requirement that its impact be assessed.
We owe this long-sought success to dynamic legislative leaders—House bill sponsor Rep. Mary Fosse, House Labor Committee chair Rep. Liz Berry, Senate sponsor Sen. Rebecca Saldaña, and Senate Labor Committee chair Sen. Karen Keiser—who enthusiastically supported this major legislation and steered it to passage.
Grassroots support from Moms Rising and the United Labor Lobby, and dedicated outreach and persuasion by Maggie Humphreys and the Washington State Labor Council’s Sybill Hyppolite were also essential to making this expansion of good cause quits a reality.
We send special thanks to ULP supporters who urged their legislators to vote for this reform. Successes like these, bringing desperately needed reforms to Washington workers’ access to benefits, would not be possible without your support. Thank you!
This Thursday, April 6, the Washington state Senate will vote on SHB 1106, a bill that ULP helped develop to reform unemployment benefits to protect family caregivers. The bill has already passed the state House of Representatives and this is the final vote needed. Please ask your state Senator to vote for SHB 1106 on Thursday to assure that caregivers faced with impossible workshift conflicts or care facility closures are protected by unemployment benefits law.
This bill fixes a critical hole in the unemployment insurance safety net for family members caring for children, elderly parents, or other vulnerable adults. If they are forced to quit a job because caregiving has become inaccessible, they can receive unemployment benefits to look for another job.
Washington’s restrictive good-cause-to-quit list covers some situations such as dangerous workplace conditions or a worker’s or family member’s illness—but caregiving inaccessibility has been conspicuously absent. This omission is a relic of a long-past era when women’s domestic responsibilities were not considered relevant to employers’ needs.
The Senate vote is a milestone for this bill, which ULP has been supporting over the last six years to correct an injustice. That is the exclusion of family caregivers who have outside jobs—a majority of whom are women—from access to benefits when they have no choice but to quit their job because a change of workshift or a local condition such as day cares closing has made family caregiving impossible.
Outstanding leaders—House Labor Committee chair Rep. Liz Berry and bill sponsor Rep. Mary Fosse and the bill’s Senate sponsor, Sen. Rebecca Saldaña— have led the campaign to get this important legislation passed. SHB 1106 is a priority of the United Labor Lobby, led by Washington State Labor Council, and Moms Rising as well as the Unemployment Law Project.
In this issue: Race Equity | Brew Review 2022 | Policy Updates | ULP Events | Thanks from the Director
Advancing Race Equity in Spokane
By Juliana Repp, Managing Attorney, Spokane
The Spokane ULP Office was fortunate to be awarded a race equity grant from the Legal Foundation of Washington in September of 2021. As part of our grant proposal we named a Carl Maxey Race Equity Fellow to assist with planning a legal aid summit and outreach event focusing on the Black, Indigenous, People of Color (BIPOC) communities in Spokane. We selected ULP intern, LaShawn Jameison, a Black law student who was in his first year of law school at the University of Idaho College of Law, as our Carl Maxey Race Equity Fellow.
We invited Sandy Williams, Executive Director of the Carl Maxey Center, along with Camerina Zorrozua and Virla Spencer, Co-founders of the Way to Justice, to partner with us on this project. We planned a four-part BIPOC-led and focused event for August 16, 2022 to be held at the Carl Maxey Center, here in Spokane.
The first event of the day was a mini-CLE course: Advancing Race Equity In Spokane’s Legal Community. In lieu of payment, we asked participants to make a contribution to the Carl Maxey Center. The CLE was approved for 1.75 credits of Ethics credit per APR 11(f)(2) (anti-bias in the legal system/profession).
The second part of our event which we named Bridging the Gap: Forging Connections Between the BIPOC Community and Spokane Organizations, had three parts: 1) a Community Resource Fair; 2) a Community Dinner; and 3) Speaker Panel: BIPOC Voices in the Spokane Community. Participating organizations included: The Carl Maxey Center, Unemployment Law Project; The Way to Justice; Team Child; Kalispel Tribe of Indians; Latinos en Spokane; Northwest Fair Housing Alliance; The Native Project; Spectrum Center; Gonzaga School of Law; the Spokane County Human Rights Task Force; and the YWCA of Spokane.
Finally, we hosted a soul food dinner to coincide with a Speaker Panel: BIPOC Voices in the Spokane Community. LaShawn Jameison and Rayneece Hebert, Spokane ULP interns, presented for ULP. The Way to Justice; TeamChild; and Latinos en Spokane also presented at this event. Sandy Williams also presented her vision and long-term goals for the Carl Maxey Center, including plans for a coffee shop, library, and civil rights center.
The ULP is grateful that we were provided the opportunity to partner with Sandy Williams and other community organizations for these events. In memory of Sandy, we remain committed to her long time work toward race equity in our community.
Fixing the System, Post-Pandemic
By Anne Paxton, Attorney & Policy Director
Helping unemployment benefits claimants with appeals gives us many windows into what’s wrong with the system. Whether you win or lose a client’s appeal, you often walk away thinking the rules, or the way they are implemented, could be so much fairer. Making that happen is the main goal of ULP’s policy program.
Just assuring that claimants can get help with their application would fix many problems. As one claimant said: “It felt like an intimidating maze of language I didn’t understand and couldn’t navigate. I wished I could speak directly with a real live person about my particular case, so I could say: This is the situation, am I eligible? And get some real answers on eligibility versus just what my employer was telling me.”
In 2022, ULP’s policy program hit some reform milestones and we continue to push for improvements on several fronts:
ULP attorneys are in our third year of meeting monthly with the Employment Security Department’s policy team to discuss our concerns about handling of claims and develop solutions. ESD has a new overpayment waiver plan for some 150,000 claimants who were ordered to pay back pandemic benefits they received. Rolling out this policy has been slow but we are hopeful that it will ease the unfair financial burden for many claimants.
This year a job search reform ULP worked on for four years took effect through rulemaking. Workers classified as having “24/7” jobs no longer have to be willing to accept any shift an employer offers them in order to be eligible for unemployment benefits.
We formally petitioned ESD to clarify that workers who are on a non-paid leave of absence from an employer are eligible for benefits. Rulemaking to fix obsolete wording on this eligibility is underway.
ULP is fighting to prevent the use of automated facial recognition —mostly using digital analysis of selfies—to verify people’s identity. ESD has had a contract with the company ID.me to check claimants’ identity but has paused implementation of ID.me’s biometrics technology due to the security risks and technology issues it poses, especially to claimants with limited English.
ESD’s eServices system is another focus for ULP because it is often out of sync with the realities of remote work and online classes. For example, taking courses should no longer mean you don’t have time for full-time work, but the application for benefits still asks if claimants are in school. “I didn’t know how to answer because it seems that that disqualifies workers from benefits,” a claimant told us. “But all of my courses are online and I study in the evenings.”
We have been interviewing claimants in detail about their experience with applying for benefits, with the aid of a grant from the Families and Workers Fund. Former staff attorney Lavena Staten and new staff attorney Sayer Rippey have conducted several dozen interviews so far. This Claimant Experience Project is providing many heartfelt insights, like the quotes above, about what needs mending.
We all want to see unemployment benefits administered fairly and promptly to any claimant who is eligible. ULP contributors and friends have been essential to efforts to improve the system. Our sincere thanks for your support.
The Unemployment Law Project wants to interview you!
The Unemployment Law Project is offering $25 for 30- minute phone interviews about your experiences with unemployment and the unemployment insurance system. Interview responses will help ULP present policy and rule-change recommendations to the Employment Security Department, with the goal of making unemployment benefits more accessible and equitable. Anyone who lost a job in Washington State is eligible, regardless of whether they filed for unemployment benefits – if you’re interested, email email@example.com or call 503-860-3335.
A Summer Smash: Brew Review 2022
By Andy Paroff, Staff Attorney, Seattle
During the pandemic, ULP had to radically rethink our annual fundraising events. Historically, Brew Review has been our crown jewel – an evening of music, beverages, and shared community. In 2020, we moved Brew Review online (or OnVine, depending who you ask) for the first time and delivered beverages to participants’ houses.
This year, we returned to an in-person event in July at the University of Washington School of Law’s outdoor terrace. We had never held the even outdoors before, but wanted to be careful about COVID transmissibility and felt that an outdoor event was worth risking the Seattle weather. To our delight, it was a beautiful day and guests, staff, and volunteers had a blast!
On display was the vibrancy of the ULP community; delicious local food, beer, wine and cider; and amazing music provided by Greenhaus Radio. We appreciate everyone that participated in this year’s Brew Review and can’t wait to see you all again for an even better event in 2023.
Reopening the Rooftop: Building Community at the Community Building
By Wesley Groot, ULP Staff Attorney, Spokane
The Unemployment Law Project’s (ULP) Spokane Office is located in The Community Building, a brick building nestled in an eclectic and vibrant area of downtown Spokane on Main Avenue near the river. It is a unique neighborhood with a uniquely friendly feel. Before the COVID-19 pandemic, the Community Building and its partner the Saranac Building would be a meeting place for various businesses to put on events for the community. The Community Building management would also host events for the non-profit tenants in the building.
One of these events was a recurring barbecue on the rooftop of the Saranac Building. These events were designed to be opportunities for the organizations in our Community/Saranac buildings to mingle, interact, and build connections with others who worked in our building hub. These events were put on hold due to the COVID pandemic when that sort of carefree mingling was met with much more cautious apprehension.
After a 2 year hiatus, all of us who work in the Community Building received an email in October letting us know there would be another long-awaited rooftop community barbecue. Plans were immediately made for the office to attend the event. We arrived at the event and saw a welcomed sight — a number of our neighborhood coworkers enjoying good food, talking, laughing, and smiling. It was great meeting new faces and organizations who have not had the chance to interact much at all during the peak of the pandemic.
It was a lovely event and a great time to meet others who worked so nearby but whose day-to-day paths did not intersect. Below the surface it was more than just food being grilled on the roof of an office building. It was a welcome return to normalcy, and a representation of moving forward in the aftermath of COVID-19. A special thank you to any and all of the staff at the Community Building and The Saranac who helped put on this event. One of these organizations is a non-profit which focuses on the non-proliferation of nuclear weapons, and they provided us with our “Say No to nukes” signs.
Thanks from the Director
By John Tirpak, Executive Director
The year 2022 has brought ULP many high and low points. We appreciate the community support for the organization. We have been able to provide direct representation for unemployment claimants in over 1000 hearings in the past year.
We want to thank all of the students and volunteer attorneys who have worked so hard to provide excellent representation for people all over the state. ULP’s ability to represent so many would not be possible without their dedication and enthusiasm.
We mourn the loss of Sandy Williams of the Carl Maxey Center. Her tragic death on Labor Day came only weeks after the Spokane BIPOC Event that ULP organized in cooperation with the Carl Maxey Center and other community organizations in Spokane. We thank them for their support and for continuing Sandy’s work.
In June ULP hosted Brew Review 2022 at the UW School of Law. About 75 people enjoyed local beer, wine, and cider. The food from Chi Mac was great and the event raised money for ULP. We thank the staff, students, and board members who made the event possible, and we’re so glad we got to see people again.
We thank Way to Justice, Horn of Africa, Carl Maxey Center, Refugee Women’s Alliance, Somali Community Services, Iraqi Community Center, Teamsters Rideshare Drivers, Fair Work Center, Asian Counseling & Referral, and the other community organizations that have worked with us in the past year.
The attorney referral panel funded by the Office of Civil Legal Aid provided representation at hearing for hundreds of claimants in the past year. Unfortunately, the panel will end after this month due to an end to the contract. We wish to thank all of the attorneys for their hard work and the Office of Civil Legal Aid for the funding.
We would like to thank the Office of Civil Legal Aid, Legal Foundation of Washington, King County, and the hundreds of individuals who have made donations to ULP in the past year for their financial support. This support allows us to continue this important work. We look forward to continued support in the coming year.
ULP STAFF John Tirpak, Executive Director/Attorney, Seattle Juliana Repp, Managing Attorney, Spokane Anne Paxton, Staff Attorney & Policy Director, Seattle Hyun-Ji Lee, Senior Staff Attorney, Seattle Meg Bridewell, Staff Attorney, Seattle Andy Paroff, Staff Attorney, Seattle Wesley Groot, Attorney, Spokane Sayer Rippey, Attorney, Seattle Ahmed Abdi, Outreach Coordinator, Seattle Jason Arends, Office Manager/Paralegal, Seattle Siem Hok, Legal Assistant, Seattle Shi Ya Ni, Legal Assistant, Seattle Nick Taylor, Legal Assistant, Seattle Fahad Aljafn, Legal Assistant, Spokane Kai Johnston, Legal Assistant, Spokane
ULP BOARD OF DIRECTORS Joseph Shaeffer, President Jennifer Murray, Vice President Jeneé Jahn, Treasurer Eric Gonzalez, Secretary Amanda Ballantyne Lillian Kaide Andres Munoz Erin Pettigrew Jennifer Yogi
ULP VOLUNTEERS, INTERNS, & FRIENDS Alexia Johnston Allyson O’Malley-Jones Ashley Magpali Carmen Adams Christa Langdon Cierrah Loveness Dan Hayward Dante Tyler Edward Peters Emily Ganz Emily Marvin Griffin Hehmeyer Hugh McGavick Jacob Roes Jakob Salazar Jane Zhen Zhao Jessica Nguyen Joel Nichols Jordan O’Connor Joseph Phillippi Juliana DeFilippis Katherine Chen Keira Montgomery LaShawn Jameison Laura Unterseher Lindsey Franklin Meghan Casey Naomi Zamarripa Cruz Olivia Johnson Parmida Salehi PJ Morgan Rayneece Hebert Rhiannon Rasaretnam Saisunee (Patt) Moonsatan Samuel Ariyevich Samuel Miller Sarah Bodisco Selma El-Badawi Siham Ayoub Spencer Bishins Susan Straka Trey Trusty Wendy Bui Zhixuan (Candice) Hu
Join ULP for Dinner to Support Our Community Outreach Programs!
Interested in a volunteer opportunity that provides litigation experience, lets you use your skills to help jobless workers, and gives you two CLE credits? If the answer is yes, we invite you to an upcoming training for pro bono volunteers of the Unemployment Law Project.
This two-hour session by Zoom—scheduled for Thursday, June 16, from 12:00 noon to 2:30 p.m.—will provide you with the basics of unemployment law and the hearing process and brief you on how to represent a client who is appealing a denial of unemployment benefits. The training is useful for new attorneys and for attorneys experienced in unemployment law and/or hearings who wish to have a refresher.
Following this session, we normally ask new volunteers to observe a couple of hearings by our staff attorneys to become familiar with the process; then you would be ready to take a case of your own. We can provide any assistance you would like as you develop your arguments and prepare the claimant for the hearing. (These are administrative hearings and average time to prepare for and participate in one of them is about 5 or 6 hours.)
During the COVID-19 crisis, Washington’s unemployment program paid benefits to hundreds of thousands of claimants. At the same time, however, tens of thousands of claimants were denied benefits and filed an appeal. With the backlog of cases, thousands of those appeals have yet to be resolved.
The Unemployment Law Project (ULP) is a primary resource for these claimants. But even though our staff attorneys have taken on increased caseloads, we must turn some appellants away. Volunteers to assist us with hearings are essential to meet the need. It’s fulfilling work, and there is a side-benefit: Pro bono volunteers receive one hour of CLE credit for each hour, up to 24 hours, they provide legal services through ULP, which is a Qualified Legal Service Provider.
To participate in our pro bono program, please contact ULP policy director Anne Paxton at firstname.lastname@example.org. We would love for you to sign up for the June 16 training.
** For potential volunteers with conflicts, we also have pre-recorded options and can fill you in on how to watch them; however, many volunteers prefer the live training because of the opportunity to ask questions on the spot.
Thank you for your willingness to provide your legal expertise. Your help has never been more needed.
¡Nuestro proyecto de ley está avanzando! La Senadora Saldaña ha introducido SB5438 lo cual creará un programa para dar beneficios de desempleo a trabajadores en el estado de Washington. Esto es solo posible por la presión que hemos puesto!
Pero necesitamos mostrar MUCHO apoyo para conseguir que más senadores apoyen este proyecto de ley SB 5438.
Puedes enviar un mensaje a tu Senador/a para que firmen su apoyo para beneficios por desempleo a trabajadores inmigrantes? ¡Tenemos que actuar ahora!
Our unemployment insurance bill is here! Senator Saldaña has introduced SB 5438 which will create a program to give unemployment benefits for undocumented workers in Washington state. This is only possible because of the momentum we have built together!
But we need to show HUGE support for the bill by getting as many Senators to support SB 5438!
Can you email your Senator to have them sign-on in support of unemployment benefits for undocumented workers? We have to act now!
The New Year brought a change in Washington law that directly affects at least 3.2 million people in our state—that is, everyone currently or potentially eligible for unemployment insurance benefits when they lose a job. The change, which kicked in January 2, 2022, is a new rule governing the hours that unemployment benefit claimants must be available to work. (See revised WAC 192.170.010 effective January 2, 2022).
For anyone to collect benefits, they must be able and available for full time work as long as it is suitable work based on their experience and other qualifications. But until now, our state has given many employers unusual latitude to require people they hire to be available to work on almost any schedule.
That meant that if you were unemployed and receiving unemployment benefits, you were required to accept a job in your occupation that was offered to you during hours customary to your occupation, even if there were no set hours, even if there was mandatory overtime, even if the hours conflicted with your child care responsibilities or other family care obligations or other responsibilities such as a separate part-time job. If you refused, your benefits could be denied or you could be hit with an overpayment.
The law is much more straightforward with Washington’s new Hours of Availability rule. Now, as long as you are available for at least 40 hours a week during your occupation’s customary hours, you can choose which hours and which days.
There is one caveat: The 40 hours you choose cannot significantly restrict your ability to find a job. For example, if you can only work from 5 a.m. to 1 p.m. and there are no jobs in your field with those hours, you will not be considered available to work. But as long as your chosen hours do not substantially limit your employment prospects within your general area, declining a job offer with other hours will not affect your eligibility for unemployment benefits.
In addition to allowing you to choose your hours of availability, the new rule adds your own prior work shifts to the elements of a job that will help determine whether it is suitable work for you. For example, if you have generally worked a daytime shift in your occupation, now you will not be required to accept a job with a swing shift.
The new Hours of Availability rule promises to make life, work, and job-seeking less stressful for unemployed workers in Washington. The Unemployment Law Project wishes to thank the Employment Security Department for developing this rule in response to concerns ULP raised about hardships created by the old Hours of Availability requirements, especially for family caregivers.
Note: One important protection in Hours of Availability policy for the unemployed remains to be adopted. If your current employer changes your hours and they create a conflict with the schedule under which you have been working—for example, they would keep you at work after your child’s day care center is closed—right now you do not have the right to quit the job and receive unemployment benefits. The Unemployment Law Project and other advocacy groups including MomsRising are supporting legislation in the 2022 session (HB 1486) so that a change in work-hours that makes caregiving for which the employee is responsible inaccessible would constitute good cause to voluntarily quit a job and seek new work.
In this issue: Policy Wins | Empowering Communities | Impact of Representation | Language Accessibility | Staff Spotlight | Summer Interns | Thanks from the Director
ULP Logs Long-Sought Policy Wins During the Pandemic
By Anne Paxton, Staff Attorney & Policy Director
When ULP’s policy program, ambitiously named the Employment Security Redesign Project, got its start in 2017 through a community redevelopment grant from the Legal Foundation of Washington, we didn’t break any records for rapidly reforming unemployment insurance.
It ended up being a landmark year for Washington as our state passed the nation’s first Paid Family and Medical Leave law (and that was thanks in great part to MomsRising and lobbyist Pamela Crone, a former executive director of ULP). But at the time, our quest to improve claimants’ access to unemployment benefits seemed to amount to little more than a mass of meetings, e-mails, phone calls, letters, and testimony, plus terabytes of research files on our computers.
During legislative sessions from 2018 on, we have fought for passage of essentially the same bill, to add caregiving inaccessibility to Washington’s very restrictive list of “good cause” quits under which the worker would be allowed benefits. The current law with its inflexible structure has been difficult to amend. It still leaves many workers who are unemployed through no fault of their own—particularly women caregivers—stranded without benefits. Each year our bill raised some awareness but made little progress towards passage.
The COVID-19 pandemic, however, while it has brought immeasurable anguish and tragedy to our entire country, has also been a turning point in some ways and we can report some milestones on the policy front as 2021 draws to a close.
The legislature mandated a study comparing Washington’s voluntary quit law with policy in other states and assessing the impact of proposed changes (2020). The study, completed in September 2020, definitively demonstrates that our voluntary quit law is unusually harsh and that amending the law to support caregivers would have a minimal impact on the trust fund.
The Employment Security Department finalized a rule reforming hours of availability requirements for all claimants (2021). ESD policy on hours of availability has created special inequity by requiring a large sector of the labor force whose jobs are defined as having customary hours of 24/7 (40 percent of occupations in Washington) to be literally available to accept jobs with any hours—day or night, fixed or variable, with no limit on the number of hours. One of ULP’s major policy successes has been to get requirements on hours of availability modified, through rulemaking, to allow workers to limit their availability to only 40 hours a week on a schedule that works for them. This rule was initiated by former Commissioner Suzi LeVine in response to ULP’s concerns about workers with caregiving conflicts. The rule, taking effect January 2, 2022, covers all claimants with 24/7 jobs.
The House and Senate passed a law that ULP helped develop to adopt multiple reforms of claims handling (2021). Following the chaos of UI benefit administration in 2020, there was near unanimous agreement among state legislators that reform of claims handling was essential. ULP helped draft and promote SB 5193, enacted last April, which sets requirements for comprehensible notices and determinations, establishes a trained adjudicator reserve force, mandates dedicated phone lines for people with limited computer access, and requires ESD to regularly report on phone call volume, hold times, overpayment and appeal volume, and other performance measures.
The legislature added a 12th good cause to Washington’s voluntary quit list (2021). ULP helped recruit witnesses to testify for SB 5061, enacted last April, which allows high-risk persons to voluntarily quit a job during a public health emergency and to be considered available to work if they can work from home.
ULP also won some new roles in monitoring ESD’s performance in providing benefits. ULP withdrew from a petition for writ of mandamus which we filed in 2020 to require ESD to pay claimants benefits promptly “when due.” But we ended up as a participant in another lawsuit on due process in clams handling, filed by the Northwest Justice Project, which through a settlement with ESD gives ULP a formal role as a monitor and reviewer of ESD performance and the agency’s reports to the U.S. Department of Labor.
In 2022, we look forward to a new legislative session and the possibility of seeking fundamental change in the Employment Security statute. While we continue to serve as an outside critic of ESD policies, our working relationship with ESD has also evolved into a collaborative one. Under Commissioner LeVine, ESD agreed to hold regular monthly “check-in” meetings with ULP to discuss problems claimants are encountering with ESD’s policy team. These sessions continue under Commissioner Cami Feek, allowing ULP to raise a range of equity issues and engage with policy staff on potential solutions.
Our gratitude to the many ULP attorneys and staff, legal analysts, academic experts, lobbyists, law school interns, legislative and ESD staff, and all ULP supporters who continue to help bring important changes to the unemployment insurance laws that have such a profound impact on all Washingtonians.
Working in Partnership to Empower BIPOC Communities
By Juliana Repp, Managing Attorney, Spokane Unemployment Law Project
The Unemployment Law Project (ULP), like other state-wide legal aid organizations, continuously engages in outreach. While the ULP has a known record of advocacy to help unemployed workers secure unemployment benefits, we knew that we had to do more to reach certain historically underserved communities such as the Black, Indigenous and People of Color (BIPOC) communities, especially during the pandemic.
ULP often partners with other legal aid firms to expand and advance community education to challenge systemic inequities and improve lives of the most underrepresented in our communities. Claimants contact our office because they have legal needs when their unemployment benefits are denied or challenged by an employer. These claimants are often simultaneously experiencing food security issues, potential eviction and other systemic issues. The Spokane ULP interns and I met and made a list of legal aid organizations and community-based service organizations that worked mainly with BIPOC communities in the Spokane area. We reserved a meeting room at the Martin Luther King, Jr. Family Outreach Center, located in the east central neighborhood – one of the most ethnically and racially diverse neighborhoods in Spokane. We hoped this interaction would foster a continuing community partnership with the MLK Center, and its long-term Executive Director. We contacted several other BIPOC led and focused organizations to ask if they would be interested in presenting information about their organizations and services at a community resource event. We also invited legal aid organizations that provide services and representation to these particular communities to participate in this event. All of the eight organizations that we contacted were eager to participate in this event to present information, network and collaborate in a two-hour event set for August 17, 2021. After the event was set, other organizations contacted us asking to be involved. We ran out of space for what we consider an inaugural event. But, we promised other organizations, pandemic permitting, we would host more community partnership events in the future.
At the event, we offered in-person and virtual attendance. We limited in-person numbers and required attendees to wear masks and socially distance. The event received overwhelmingly positive responses, even though it wasn’t without some technical glitches. The event reiterated what I learned long ago in working with and for numerous area Native communities. If you want to reach certain communities, you’ve got to meet with them in their spaces, meet with them face-to face and involve them in discussions. You’ve got to be intentional when working to form community partnerships.
The August 17th event lit a fire within us and showed us the potential we have to bring the community together to accomplish greater things than we could on our own. We submitted a Race Equity Grant Application to the Legal Foundation of Washington to help fund our proposal for a Carl Maxey Race Equity Fellow to assist with organizing another outreach event in Spokane. We were thrilled to recently learn that we were awarded one of the grants. This grant will help continue our efforts to work alongside others to become more responsive and to help dismantle equity barriers facing BIPOC communities. We want this to be one more step toward a long-term community partnership among legal and non-legal entities for the benefit and interests of those who most need our services.
All Walks of Life: The Variety and Impact of Unemployment Representation
By Wesley Groot, Spokane Lead Legal Intern
Working at the Unemployment Law Project (ULP) the past year and a half has been an interesting and incredibly rewarding experience. I started in May of 2020, just after the beginning of the COVID-19 pandemic, and I have worked here since. As we all know, millions of people have availed themselves of the unemployment system in the past year and a half, and many have experienced more than their fair share of headaches in navigating the process. In my time at the Unemployment Law Project, I have been able to help claimants with the issues that have arisen with their claim, whatever those problems may be. The bulk of our work is to represent claimants in their appeals with the Office of Administrative Hearings (OAH). The issues involved in the hearings can vary dramatically from case to case. For example, some are relatively straightforward where the claimant is having trouble with the identity verification process, so in representation we are helping the claimant prove they are who they said they are. On the other hand, some cases are more intensive, like in an instance where a claimant was discriminated against in their workplace and the Employment Security Department (ESD) has denied their claim for whatever reason, so our representation becomes focused on that discrimination as a good reason to separate from that employer. Working through the pandemic and the shutdowns, claimants from all walks of life contact us. Many of whom have never applied for unemployment before because they had been working in the same position for decades, and then their place of work closed due to COVID. The pandemic led a wide array of people to seek assistance from ULP, and because of that variety, access to justice has been a large focus of our office in the time I have been here.
Many claimants who contact us are from historically underrepresented groups in our legal system. Agricultural workers who know English as a second language or not at all, members of the BIPOC community, individuals who are houseless or who do not have adequate housing, or those who have had negative experiences with the court system in the past and are disenfranchised. All of these claimants, as well as anyone else, deserves access to justice and the opportunity to plead their case. Outreach to these historically underrepresented communities is something that has been emphasized during my time at ULP. Many of these claimants feel powerless in their situation and see their legal issues as being insurmountable, often because of experiences with the legal system in the past.
For many of these claimants, the contact with ULP is the first time they are informed of how the process works, what their options are, and how they should proceed. I have heard from many claimants that the contact with ULP is the first time they felt they had any sense of direction or surety. With burdensome backlogs at the ESD, claimants often wait for months in a sort of unemployment limbo waiting for issues with their claim to be resolved. With that backlog, contacting the ESD directly can be difficult so when they call ULP and someone answers the phone, it is often the first time a human has taken time to speak to them about their claim. I take pride in my work at ULP, especially in knowing that we are helping many access justice who may otherwise be left out in the rain.
Language Accessibility at ULP
By Lavena Staten, Staff Attorney
Navigating the unemployment system in Washington is especially challenging for those who do not speak English. The Unemployment Law Project has historically eased this burden by using interpreters to speak with claimants in almost every language. We also advocate the Employment Security Department for greater language access and awareness.
Language access must be prioritized to ensure unemployed workers can access unemployment benefits. ULP looks forward to expanding its informational content in a way that reaches more people.
ULP Spotlight: Ahmed Abdi, Outreach Coordinator
By Andy Paroff, Employment Equity Fellow
Ahmed’s role at ULP
Ahmed is ULP’s Outreach Coordinator, who specializes in working with BIPOC and immigrant communities in the King County area. He found that these groups were hit hard in the wake of the pandemic and has been working hard to provide much-needed resources regarding unemployment issues. Ahmed provides know-your-rights trainings to groups and helps connect individuals to the help they need to solve their unique issues. Additionally, Ahmed collaborates with local community organizations, faith-based groups, and ethnic media channels to reach potential clients.
Ahmed’s background and how it informs his work
Ahmed has been interested in worker rights related issues for about 10 years, working as a union organizer and helping fight for a $15 minimum wage in SeaTac. After that experience, Ahmed began working closely with the local government on labor reform. Ahmed believes that having seen how issues are resolved from both grassroots and systemic perspectives informs how he approaches issues affecting our clients.
What inspires Ahmed about the work that ULP does
In Ahmed’s words: “When someone calls and says ‘Hey, I have nothing, I’m not working, I have no way to put food on the table, I’m facing an eviction, and my benefits are being withheld,’ and then we help them and they get their benefits and they come back with a full smile and tears of joy saying ‘Thank you so much, we won my hearing with the help of ULP,’ when I hear that, that is what inspires me about this work.”
Ahmed’s goals entering the new year
Ahmed’s primary goal moving into 2022 is to continue working to expand the outreach efforts and programs that ULP is already involved in. He feels that too many people are still in the dark about the unemployment-related legal assistance we provide, and are still having issues with the ESD. Many haven’t heard about us, don’t know how to navigate the ESD and OAH systems, or are unserved by various language accessibility efforts. But Ahmed is remaining optimistic: “Lots of organizations work with these kinds of issues, and the goal is to continue to broaden our accessibility through partnerships with local nonprofit organizations, faith-based groups, and even small businesses. However we can expand to improve those relationships, that is my goal.” Ahmed feels that even with improved outreach over the last year, the number of people who need our services is still greater than the number of people we have reached. “So many people need help navigating these difficult systems. We want to continue to improve however we can to help them.”
Seattle Summer Interns Recall Their Experiences
Lauren Jaech, UW Law ’23 – During my time as an intern at ULP, I was able to speak directly with clients about their cases and even represent a few in their administrative hearings. This was an incredible experience as I got to practice preparing for hearings, interviewing clients, performing direct and cross-examination, and giving closing arguments. I also got to improve upon my research and writing skills by helping to draft a superior court appeal and petition for review and by conducting policy research about current legislation surrounding unemployment law.
Marisa Forthun, UW Law ’22 – As a Legal Intern this past summer, I had the fantastic opportunity to work directly with clients and advocate on their behalf at administrative hearings. It was really rewarding being able to see the impact that my work had on clients and their circumstances, especially during the COVID-19 pandemic. The team at ULP—from the staff attorneys to my fellow law students—was also incredibly supportive, encouraging, and helpful.
Victoria Kroeger, SU Law ’23 – As a first-generation law student, ULP provided a unique opportunity to practice and hone skills that I previously had never experienced. The staff is incredible and stands true to their values and the belief that everyone deserves access to justice. I’ll never forget the joy and celebration in clients’ and attorneys’ voices as I shared wins with them; there truly is no other organization like ULP.
Thanks from the Director
By John Tirpak, Executive Director
The year 2021 has been even more challenging than 2020. Our offices receive over 200 calls per day from people needing help. Many people are facing overpayment notices for $20,000, $30,000, or more.
This year we have been able to represent over 1000 workers in hearings with ULP staff, volunteer attorneys, and law students. We have referred over 1000 cases to attorneys on the Office of Civil Legal Aid panel.
Special thanks for ongoing funding for ULP from the Legal Foundation of Washington, Office of Civil Legal Aid, King County, and individual donors.
We would also like to thank the Washington State Labor Council, member unions, and other unions in the state for their generous contributions in 2021.
Extra special thanks to the Sheridan Law Firm for their pro bono work on the petition for the writ of mandamus. The petition asked the Washington State Supreme Court to order ESD to make prompt payment of benefits as required by law. The court remanded the case to Thurston County Superior Court and the judge ruled that ULP did not have standing. While the case has now been dismissed, the case had significant impact in bringing the issue to light.
The ongoing support of our friends will allow ULP to meet the continued challenges in 2022.
ULP STAFF John Tirpak, Executive Director/Attorney Juliana Repp, Spokane Managing Attorney Anne Paxton, Staff Attorney & Policy Director Hyun-Ji Lee, Senior Staff Attorney Meg Bridewell, Staff Attorney Lavena Staten, Staff Attorney Mikayla Goodwin, Staff Attorney Nicholas Frontin, Staff Attorney Peggy Rodriguez, SU Fellow Andy Paroff, UW Fellow Ahmed Abdi, Outreach Coordinator Jason Arends, Office Manager/Paralegal Erica Nunez, Legal Assistant Siem Hok, Legal Assistant Shi Ya Ni, Legal Assistant Nick Taylor, Legal Assistant
ULP BOARD OF DIRECTORS Joseph Shaeffer, President Jennifer Murray, Vice President Jeneé Jahn, Treasurer Eric Gonzalez, Secretary Amanda Ballantyne Lillian Kaide Andres Munoz Erin Pettigrew Jennifer Yogi
ULP VOLUNTEERS Aaron Bulger Alex Gonzalez Alexa Villatoro Anna Marie Shearlock Brandon McNeel Bruno Ponce Calvin Makfinsky Cameron DeWeirdt Cecilia Walker Dustin Vail Eduardo Perez Elizabeth Clampitt Emily Ganz Emily Walker Glory Crocco Hannah Aho Harley Christensen Ian Hahm Iris Yan Isabel Greely Isabella Unger Jacob Roes Jakob Salazar Jane Zhao Jasmine Fernandez Jessica Hiatt Jessica Lundberg Joline Yueh Jordan O’Connor Kate Armstrong Lauren Jaech Lilian Nichols Madeline Crowley Marisa Forthun Maya Itah Megan Goodwin Meghan Cornaby Morgan Trenary Nasrin Chaudhry Nathaniel Putnam Nicole Rash Olivia Johnson Peter Haller Priscilla Ortega Rachel Platin Rose Harley Sabiha Malikani Ahmad Sara Suryan Sarah Bodisco Shawn Cothren Siham Ayoub Spencer Satin Victoria Kroeger Wesley Groot
Members of Congress concerned about serious gaps in the unemployment insurance system took a decisive step forward October 8 by introducing H.B. 5507 in the U.S. House of Representatives. This bill, sponsored by Donald Beyer, Jr. (D,VA), Alexandria Ocasio-Cortez (D,NY) and other representatives, would help claimants in all states, including Washington, by providing benefits for many workers who are currently excluded from our system. It would also advance another important cause: greater uniformity and increased equity of unemployment benefits from state to state.
HB 5507 would:
Provide benefits to people who earned at least $1,500 in the prior year if they earned $1,000 in at least one quarter of that year. Washington denies benefits to a much larger group of part-time workers than any other state: anyone who has worked less than 680 hours, which excludes workers who earned less than $9,309 in their prior year based on our state’s minimum wage.
Ensure that more people who lose a part-time job can count on support by reducing the number of past work hours required in order to qualify for unemployment benefits. Washington sets extremely strict limits on which part-time workers may receive benefits.
Provide that all workers may seek a part-time job and still receive benefits based on their past work. They may choose to seek up to a 20-hour per week part-time job if the job is at least 1/2 of their work hours in a typical work week. Washington law requires claimants to seek full-time work except for a small number of part-time workers.
Allowing workers to receive up to one third of their normal wage and salary through part-time work without cuts in their unemployment benefits. Washington currently cuts benefits by about 75% of every extra dollar claimants earn while collecting unemployment.
Make other reforms in worker eligibility and benefit amounts by requiring states to provide a minimum of 26 weeks of benefits; ensuring that online claims handling can be readily understood by people with disabilities, literacy challenges, or limited English; and information is available in languages spoken by at least 1% of the state’s population.
Washington’s unemployment benefits system has many strengths but some very harsh limits as well. H.B. 5507 would significantly improve the accessibility and equity of benefits in our state.
ULP urges your support for H.B. 5507. The pandemic has resoundingly demonstrated that reform of our unemployment benefit laws is desperately needed and these reforms will help many, many workers. Help increase momentum for this bill by contacting your Congressional representatives in the House and Senate and asking for their support in seeing these reforms are passed into law. You can reach any member of Congress by calling 202-224-3121, the Congressional switchboard, and asking to be connected to your representative or senator.
OCLA-sponsored attorney team generously answersthe call to help claimants with unemployment benefit appeals
Throughout the pandemic, stories about the struggle that many jobless workers in Washington have had in securing unemployment benefits they temporarily needed for basic costs of living have been front-page news and exploded on social media.
Less well known is the fact that it often takes legal counsel to navigate the benefits bureaucracy and challenge benefit denials. And that can pose a major obstacle for people who find themselves without a steady income.
Fortunately, the private bar in Washington state has come forward decisively to help address these workers’ needs by signing on with a program, sponsored by the Office of Civil Legal Aid (OCLA), that funds them to offer their advocacy services to unemployed workers at significantly reduced rates.
In a normal year, judges with the Office of Administrative Hearings might hear some 25,000 appeals of unemployment benefit denials filed by Washington claimants. But 2020, of course, was anything but normal. Due to tripled numbers of benefit applications and denials, an enormous backlog of appeals built up in our state, with appellants forced to wait months for resolution.
The unmet need for representation of claimants without a steady income went skyward. At one point this spring, OAH was faced with finding judges to hear 70,000-plus appeals and needed to turn to the legislature for special funding to keep pace.
The state funded extra administrative law judges and OCLA had its own response at the ready: a panel of attorneys available to provide counsel to claimants at significantly reduced cost. With direction and funding by OCLA, the Unemployment Law Project helped recruit and train an “OCLA panel,” a contingent of more than 40 attorneys in Eastern and Western Washington who would be on call to represent claimants in their appeals.
Already in 2021, this dedicated group has taken several hundred appeals and is on track to have helped 1,000 claimants by the end of this year. Their clients may have been denied benefits because of quitting a job, or because they couldn’t work while their children’s school was closed. Or the state may have alleged that they wrongly received benefits and must pay them back—sometimes to the tune of tens of thousands of dollars—or for dozens of other reasons.
These claimants can include single mothers, 20-year-olds who have lost their first job, people working in offices, in warehouses, in hospitals, at construction sites. It’s likely that most of them had never been unemployed before the pandemic.
Claimants routinely say that having the support of an OCLA panel attorney has been invaluable, whether or not they win their appeals. “My attorney was not only professional and knowledgeable, but also personable and caring, one claimant said. “It’s difficult to express how much relief it gave me to have my attorney by my side during this process.”
Said another: “I am deeply appreciative of the services and advice you have offered to workers who are navigating challenging, stressful, and often intimidating circumstances. You are doing work that is very important; you have my thanks and respect.”
OCLA and ULP join claimants in thanking this exceptional group of Washington attorneys who have answered the call for help and eased the blow of unemployment during the pandemic for so many people in our state.
The Unemployment Law Project is a non-profit law firm based in Seattle and Spokane that assists unemployment claimants with appeals of benefit denials.
The Office of Civil Legal Aid‘s mission is to secure, invest, and oversee public funding for civil legal aid to low-income people in Washington State.
For further information, contact Anne Paxton, Staff Attorney & Policy Director, Unemployment Law Project, email@example.com, 206-441-9178 ext. 114.
In honor of Indigenous Peoples’ Day on October 11th, the Unemployment Law Project wishes to acknowledge and commemorate the many indigenous peoples native to the land now known as Washington State and all over the world. We celebrate the histories of communities that lived here from time immemorial and honor the fact that we operate on native land. We celebrate members of the Chehalis, Chinook, Colville, Cowlitz, Duwamish, Hoh, Jamestown S’Klallam, Kalispel, Kikiallus, Lower Elwha Klallam, Lummi, Makah, Marietta Band of Nooksack, Muckleshoot, Nisqually, Nooksack, Port Gamble S’Klallam, Puyallup, Quileute, Samish, Sauk-Suiattle, Shoalwater Bay, Skokomish, Snohomish, Snoqualmie, Snoqualmoo, Spokane, Squaxin, Steilacoom, Stillaguamish, Suquamish, Swinomish, Tulalip, Upper Skagit, and Yakama Tribes, Communities, and Nations, in addition to the countless other peoples who lived on this land before us. The Unemployment Law Project strives to continuously improve our ability to serve these communities with zealous and compassionate representation.