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I've been through THREE adjudications and two appeals (different issues over 2 years). Here's what happens if they appeal: 1. You'll get a notice from OAH with hearing date/time 2. Prepare your evidence BEFORE the hearing 3. During the phone hearing, a judge will ask both sides questions 4. BE HONEST - don't exaggerate anything 5. The judge usually decides within 1-2 weeks It's stressful but not terrible if you're prepared. And if they mentioned you had "excusable" absences, that's ESD language for "you didn't do anything wrong" so that's a good sign!
This is super helpful - thank you! I'll definitely be honest if it comes to a hearing. The absences were all documented medical issues that my employer knew about but still used against me.
Wat RCW/WAC codes did they break? Just curious cuz my employer is also pulling some shady stuff
They violated attendance policies (didn't follow their own written policy), failed to provide reasonable accommodation for documented medical issues, and terminated me while I was on approved medical leave. I don't remember the exact codes but the adjudicator mentioned them in the determination.
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my cousin had this exact same thing happen and he ended up having to wait 3 months total! but he did eventually get ALL the back pay. so at least you'll eventually get a big chunk of money all at once... small consolation i know when bills are due now
Since your employer is contesting your claim, you should prepare for a possible appeal if your claim is denied. Washington has a process where you can appeal a determination within 30 days. Document everything related to your layoff, and if possible, get statements from former coworkers who can confirm you were part of a workforce reduction. In the meantime, you might want to inquire about hardship assistance through DSHS or local community organizations while you wait for your unemployment benefits to come through. Many counties have emergency rental assistance programs that can help bridge the gap.
That's a good idea about the hardship assistance. I'll look into that tomorrow. I really hope it doesn't come to an appeal, but I'll start gathering everything just in case. This whole process is so exhausting.
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When I got laid off last year I had a similar situation with my side business. Make sure you're super clear about your availability during the application process! I almost got disqualified because they thought I wasn't available for full-time work because of my side gig. Had to appeal and everything. What a headache!
Oh that's good to know! I'm definitely available for full-time work and the coffee shop has flexible scheduling. I'll make sure that's very clear in my application.
dont forget to apply as soon as u get laid off!!! u cant backdate it and will lose money if u wait
This is extremely important advice! The claim starts the week you apply, not when you lost your job. Even if you have severance or PTO being paid out, apply immediately on your first day without the full-time job.
Kayla Jacobson
not to be contrarion but are you SURE the owner was taking tips illegaly? lot of restaurants have tip sharing that is legal where tips are distributed among staff including kitchen which is legal under WA tip pooling laws. if it was a legal tip pool and you quit over that, youre appeal will probaly be denied again. just saying to make sure you have your facts straight
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Elijah O'Reilly
•Yes, 100% sure. We already had a tip-out system for kitchen and support staff. This was an additional 15% the owner took directly for himself that was labeled "house fee" on our checkout sheets. He wasn't working in the restaurant - just taking a cut of our tips. That's definitely illegal.
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Mason Kaczka
I went through an appeal hearing last month for a completely different reason, but I learned a lot about the process. The most important thing is to BE PREPARED! The judge will give you and ESD each time to present your case. Have your evidence organized and practice explaining your side clearly. My hearing was over the phone and lasted about 45 minutes. The judge was actually pretty nice and let me fully explain my situation. The ESD representative mostly just read from their original decision document and didn't seem that prepared to counter my new evidence. I won my appeal, and I think you have a strong case too! Good luck!
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Elijah O'Reilly
•That's encouraging to hear! I was worried the judge would automatically side with ESD. I'll definitely prepare and practice explaining my situation clearly. Thanks for sharing your experience!
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