


Ask the community...
how long after your hearing did u get the decision? im going on 3 weeks waiting after mine and getting nervous
i don't know why everyone's being so optimistic, i literally just went through this and lost my appeal. the whole system favors employers. they can just make up whatever they want and the judges believe them because they're a "business." wish i had better news but better to be prepared for the worst imo
I'm sorry you had that experience. However, it's important to note that each case is different. The specific circumstances and evidence matter tremendously. The OP has documentation and a clear policy violation by the employer, which significantly improves their chances compared to cases with minimal documentation.
Just an update on my situation - I FINALLY got through to ESD yesterday and they told me my claim was in adjudication because my former employer disputed that I was laid off!!! They claimed I was fired for performance which is a TOTAL LIE. Now I have to wait for an interview with an adjudicator which could take another 3 weeks they said. This system is such a joke.
Oh no, that's awful! I wonder if something similar is happening with mine. How did you finally get through to them? Did you try that Claimyr thing someone mentioned?
Quick update based on recent information: ESD is currently working through a backlog of claims from December and January. Many claims from December 8-15 should be processed within the next two weeks according to their latest internal timeline. Keep filing those weekly claims and make sure to check your correspondence inbox in eServices daily.
Just wanted to update you - I went through something very similar last year. I was fired after only 6 weeks for missing 2 days due to a family emergency. I applied for benefits, was initially denied, but won on appeal. The hearing officer specifically mentioned that the employer failed to show any misconduct on my part and that they hadn't provided any documented warnings. The entire process took about 7 weeks from application to getting my first payment after winning the appeal. So don't give up if you get an initial denial!
Has anyone mentioned the burden of proof yet? In BAP hearings (and regular appeals too), the burden is on ESD to prove you were overpaid, not on you to prove you weren't. Make sure to emphasize that in your written statement if you go the BAP route. Don't just defend yourself - directly challenge whether they've met their burden of proof with actual evidence (not just their system assumptions).
Excellent point about burden of proof. This is often overlooked and can be a powerful argument in overpayment cases. ESD must have specific evidence of misreporting, not just inference based on their internal calculations.
UPDATE - I just wanted to share that I got my BAP decision today and ESD has COMPLETELY dropped the overpayment!!! All that stress for nothing! The review officer specifically said my documentation clearly showed I reported everything correctly. So glad I went with the BAP instead of another phone hearing!
Avery Davis
I'd like to clarify something important: when you receive a monetary determination after a denied claim, you should check two key things: 1. Look at the "Effective Date" on the new determination - if it's different from your original claim date, it could be a completely new claim period being evaluated. 2. Review the "Potential Benefits" section - even if it shows a weekly benefit amount, this doesn't mean you're eligible. It just shows what you would receive IF you qualified based on wages alone. The monetary determination is just one part of eligibility. If you were denied for insufficient hours initially, but this new determination shows different hours/wages, you might want to check if something changed in your wage record. Don't ignore this letter - either way, it's an official determination that could be appealed if incorrect.
0 coins
Jungleboo Soletrain
•Thank you for the detailed explanation. The effective date is the same as my original claim, but the letter does show a weekly benefit amount now when the first determination didn't. I'll double-check all my documentation and see if anything else changed.
0 coins
Collins Angel
One more thing to consider - if you applied for regular UI and were denied, but might qualify for another program like PIT (Paid Internship Training) or certain trade-specific benefits, the system sometimes automatically evaluates you for those. The new determination might be for a different type of benefit program entirely.
0 coins
Jungleboo Soletrain
•I didn't know that was possible! I was in a training program briefly last year, though I didn't mention that in my application. Maybe that triggered something in their system?
0 coins
Nadia Zaldivar
•If you participated in an approved training program, that could definitely be relevant. ESD has several different programs with different eligibility requirements. The Commissioner Approved Training (CAT) program, for example, has different qualifying criteria than regular UI. I'd recommend reviewing all sections of the determination letter to see if it mentions any specific program name or type of benefit.
0 coins