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Hi everyone, I'm at my wit's end with my unemployment appeal case. I exhausted all the regular appeal options with ESD and just lost at the Court of Appeals level. The Unemployment Law Project was representing me but told me they don't have the resources to take my case to the Supreme Court, though they think I should pursue it. I've talked to two private attorneys who also said I have a good case for the Supreme Court, but I absolutely cannot afford their fees ($5,800+ was the lowest quote). Has anyone here navigated the Supreme Court appeal process on their own for an unemployment case? What paperwork did you need to file? Are there templates somewhere? I'm terrified of missing a deadline or filing the wrong thing. This is truly my last chance, and the stress is crushing me. I'm a single parent, and without this backpay, I'm seriously worried about keeping our housing situation stable. The whole process has left me depressed and full of anxiety. Any guidance would be so appreciated.
I'm freaking out about my upcoming OAH hearing on January 2nd. I just reviewed the exhibits ESD sent to the hearing office and I'm shocked at how badly they misinterpreted everything I submitted! Here's what actually happened: I had to leave my job because my housing situation fell apart. My roommate (who got me the job) started drinking heavily which created major drama - I'm under court requirements to avoid this kind of environment. I explained this to my employer, finished out my work week, and even asked if they could rent me one of their properties (they own 2 motels and rentals) so I could keep working there. They offered me nothing, so I had no choice but to move in with my partner who lives 65 miles away. What ESD somehow got from this: They claim I left for a new job and provided no proof! What?? I clearly explained I was relocating due to a housing crisis and had to move to a new city. I've been actively job hunting since moving (averaging 8-12 applications and 2 interviews weekly - way above the required job search activities). No wonder so many people end up in adjudication or get denied - they don't even read what we submit! If they were confused, why not call me or ask for clarification instead of making up some completely different scenario? I'm incredibly nervous now but I've uploaded ALL evidence this time - texts, detailed explanation letter addressing both the employer's statement and ESD's bizarre interpretation. I also discovered I can get free legal help through the Unemployment Law Project, which I'm contacting tomorrow. Any advice would be greatly appreciated. For context, I've been an auto tech for 10 years with solid employment history - the only other time I was on unemployment was during COVID when everything shut down, and I went back to work as soon as the quarantine ended.
I went through an OAH hearing last year and won. Here's what helped me: 1. I organized a binder with tabs for each piece of evidence, numbered to match the exhibits 2. I wrote out answers to likely questions so I wouldn't get flustered 3. I practiced explaining my situation in under 2 minutes (judges appreciate conciseness) 4. I made a simple timeline showing key dates (when housing issue arose, when I notified employer, when I moved, etc.) 5. I had documentation showing I'd been applying for jobs consistently Stay calm during the hearing, address the judge respectfully, don't interrupt anyone, and stick to the facts. The judge will likely ask if you've reviewed all exhibits - make sure you have! Definitely use the Unemployment Law Project - they can review your case and might even represent you at the hearing if they have availability.
Thank you! I really like the binder idea with tabs matching the exhibits. I'll definitely do that. And writing out answers to practice is smart - I tend to ramble when I'm nervous. Did you have to wait long for the decision after your hearing?
I got my decision in about 10 days, but I've heard it can take up to 2-3 weeks. One more tip: if the employer has submitted something that's factually wrong, don't get angry or argumentative - just calmly present the evidence that contradicts it. The judges really respond well to a professional, factual approach even when you're disproving the other side's claims.
btw did they actually told u why they denied u? my letter was so vague i had no idea what they were even saying i did wrong lol
I'm freaking out right now. Just opened my mail to find paperwork for an appeal hearing date with ESD. According to them, I somehow owe around $40,000 in overpaid benefits! I have absolutely no idea how they came up with this amount - there's no breakdown or explanation in the notice. Has anyone dealt with something like this before? Do I need to hire a lawyer for the hearing? I'm a single parent and there's no way I can pay that kind of money back. The hearing is scheduled for just three weeks from now and I'm completely overwhelmed. Any advice would be greatly appreciated!
One thing to consider: if the overpayment notice says it's due to unreported earnings, get an official earnings record from every employer you had during your claim period. You can also request your official wage records from ESD themselves as evidence. If there's a discrepancy between what you reported and what employers reported to ESD, that could explain the issue. Also, check whether they're claiming this was a fraudulent overpayment or non-fraudulent. The difference is important for penalties and repayment options. If they're alleging fraud, you'll want to take that very seriously.
Update: I was finally able to get through to ESD this morning. Turns out they somehow duplicated my entire claim history and counted it TWICE, plus they're claiming I didn't report income from a job I never even had! The agent said it looks like a system error combined with possible identity mix-up with someone with a similar name. She's escalating it to a supervisor but said I should still prepare for the hearing just in case it's not resolved by then. Thank you all for your help and advice!
That's actually great news! Make sure you get the agent's ID number or name, and ask them to note all of this in your file. Request that they send you written confirmation of what they found. Having documentation of this conversation could be extremely helpful at your hearing if it's not resolved beforehand.
I've been struggling with two autoimmune conditions that are making it really difficult to maintain my job. I just returned to work after taking Paid Medical Family Leave for a few weeks, but after only one week back, my symptoms are flaring up badly again. I'm considering quitting because of my health, but I'm confused about unemployment eligibility. If I quit due to my medical conditions, would I qualify for ESD benefits? I'm worried about the "able and available" requirement since some days I physically can't work. Has anyone successfully gotten unemployment with a similar situation? What documentation would I need from my doctor? Thanks for any help.
I'm seriously freaking out right now. Applied for unemployment on August 8th and somehow got slapped with an adjudication issue that same day. Fine, I figured it would resolve quickly. Then last week, a SECOND adjudication appeared on my eServices account. Now this week, I just checked and there's a THIRD separate adjudication on my claim! What the heck?? My claim status just says 'pending' for all three issues with zero explanation about what they're even investigating. I've tried calling ESD about 20 times and either get disconnected or told the wait time is 'over 2 hours.' My rent is due in 10 days and I'm down to my last $215. Has anyone dealt with multiple adjudications at once? How long did it take to resolve? I'm seriously about to have a breakdown here.
yeah they ended up paying me everything but it was super stressful waiting! i almost missed a car payment. hope u get yours fixed faster!!
Update: I managed to get through to ESD this morning! Called right at 8:00 AM like someone here suggested and only waited about 20 minutes. The person I spoke with was actually helpful and explained that my adjudications were for: 1. Job separation issue (my employer is claiming I quit) 2. Potential availability issue (because I mentioned possibly taking classes) 3. Wage verification (they need paystubs from a previous job) She expedited my claim due to financial hardship and consolidated the issues under one adjudicator. She said I should hear something within 5-7 business days! Thank you all for your advice - it really helped me understand what was going on and how to address it.
Mila Walker
Something else to consider - filing deadlines for Supreme Court are SUPER strict. Missing even by one day means automatic loss. Make sure you're counting calendar days not business days. Also remember you need to serve ESD's attorneys too, not just file with court.
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Ethan Clark
AuthorThanks for the reminder! My Court of Appeals decision was issued on February 7th, so I need to file by March 9th. That gives me just over two weeks to get everything together. I'll make sure to build in extra time for any issues that might come up.
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Logan Scott
One last suggestion - check if any law schools in your area have legal clinics. Sometimes they take on interesting cases like yours as teaching opportunities for law students (supervised by professors). Might be worth a call to see if they'd be interested, especially since multiple attorneys think your case has merit.
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Ethan Clark
AuthorThat's a brilliant idea! There are a couple of law schools within driving distance. I'll reach out to them tomorrow. Even if they can't take the whole case, maybe they could help me with drafting the petition. Thank you so much for this suggestion!
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