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I've got an unemployment hearing with OAH scheduled for tomorrow morning and I'm honestly panicking. My former employer has been fighting my UI claim for 2 months now, making up completely false statements about why I left. They're saying I voluntarily quit when I was definitely laid off due to "restructuring" (they hired someone cheaper a month later). I have copies of the termination letter, text messages from my manager acknowledging the layoff, and even an email where they wished me "good luck finding a new position." But my ex-boss has already submitted THREE different statements to ESD, each with different reasons why I supposedly shouldn't get benefits! Has anyone here gone through an appeal hearing? I'm worried about saying the wrong thing or not being prepared for their questions. The paperwork says it'll be by phone and last about an hour. I'm really stressed that the judge will believe my ex-boss just because she's more polished at speaking. Any advice on how to handle this kind of hearing?
Anyone know how long the Office of Administrative Hearings (OAH) typically takes to review a denied unemployment claim? My claim was denied because I missed several shifts, but it was entirely for documented medical reasons. I have doctor's notes, hospital discharge papers, and even submitted FMLA paperwork to my employer at the time, but ESD still disqualified me saying I 'voluntarily left work.' I filed an appeal with OAH about 3 weeks ago and haven't heard anything except an automated email saying they received my appeal. Starting to get worried as my savings are nearly depleted. Has anyone gone through this process recently? Any advice on how to prepare for the hearing or what to expect would be so helpful!
My nephew went through something sort of similar last year but it was for a different reason than medical, his car broke down and he couldn't get to work for a few days and they fired him. But anyway his OAH hearing was scheduled after about 5 weeks and then it was another 3 weeks until the actual hearing happened. He ended up losing his case though because they said transportation issues aren't a qualifying reason. But medical issues are totally different so you should be fine I would think especially if you have all the documentation like you said.
You're right that medical issues and transportation issues are treated very differently under unemployment law. Medical issues with proper documentation can qualify as good cause for missing work, while transportation problems generally don't unless there were truly extraordinary circumstances beyond normal car troubles.
anybody else feel like the whole system is designed to frustrate us into giving up? like why should it take 2+ months to get a hearing for something this straightforward? not everyone can wait that long without income
EXACTLY!!! That's what I've been saying. The entire system is RIGGED against workers. They WANT you to give up so they don't have to pay you what you're legally entitled to. It's all about saving money for the state, not helping people who paid into the system. It's disgusting.
There's definitely room for improvement in the system, but the delays are often due to the sheer volume of cases. OAH processes appeals for many state agencies, not just ESD. While it doesn't help your immediate situation, many appeals are successful - about 30-40% of denials get overturned when appealed, which shows the system does work, albeit slowly.
I've been dealing with some ESD claim issues and am wondering if anyone can help. In February I got really sick with bacterial pneumonia and couldn't work for almost a month. ESD denied my benefits for those 4 weeks saying I wasn't 'able and available' for work. I filed an appeal right away but haven't heard anything back yet. To complicate things, I was doing gig work (food delivery) part-time, which ESD somehow classified as full-time employment despite my protests. I've already told them I'm no longer doing the delivery gig and now have a real full-time job. My question is: Can I just close my unemployment claim now that I'm employed, or will that mess up my pending appeal for those weeks they didn't pay me when I was sick? I'm worried if I close the claim they'll just dismiss my appeal automatically. Would appreciate any advice from someone who's been through something similar!
Getting through to ESD to ask this kind of question is practically impossible these days. I spent THREE DAYS trying to reach someone about a similar issue last month. Their phone lines are constantly busy, and when I finally got through, I was on hold for over 2 hours before being disconnected! I finally used Claimyr (claimyr.com) to get through to an ESD representative. They have this service that basically waits on hold for you and calls you back when an agent is available. Saved me so much frustration! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 This is definitely a question where you want an official answer from ESD rather than risking your appeal over advice from the internet (no offense to anyone here).
Just found out I'm getting laid off next Friday after 3 years with my company. My situation is complicated because I moved from Washington to Arkansas back in November 2022, but I've been working remotely for the same Washington-based employer this whole time. I've been paying taxes in both states (AR resident tax and WA employment stuff). Super confused about where I should file for unemployment - Washington or Arkansas? Has anyone dealt with an interstate situation like this? I don't want to mess up and have my claim denied when I really need the benefits. Any advice would be really appreciated!
dont 4get that u also gotta do the job search requirements, its like 3 activities a week in washington. dunno what arkansas requires but make sure u keep track of everything!
One more important thing to consider - once you determine which state to file in, you'll need to make sure you're following that state's weekly claim filing and job search requirements. Washington requires 3 job search activities per week that you must document and be ready to present if audited. They can deny benefits retroactively if you haven't been maintaining proper job search records. Also, when you apply with Washington ESD, be completely transparent about your Arkansas residency. Trying to hide that fact could lead to an overpayment determination later if they discover it.
I appreciate all the advice everyone! I'm going to check with HR first thing tomorrow about where they've been reporting my wages, and then file my claim with the appropriate state. I'll definitely be upfront about my living situation and make sure I follow all the job search requirements. Hopefully the process goes smoothly, but it's good to know about options like Claimyr if I run into trouble reaching ESD. I'll update here once I get things figured out in case it helps someone else in the future.
Hey everyone, just got the 'approved' status on my unemployment claim last week but still haven't received any money. It's been 10 days already!! My ESD account says approved but nothing in my bank account yet. This is my first time filing for unemployment so I have no idea if this delay is normal. I've got rent coming up next week and was counting on this payment. Anyone know how long it typically takes for money to hit your account after approval? I chose direct deposit if that matters. Getting kind of stressed about this wait...
im on week 6 of waiting for my first payment lol. approved doesnt mean anything. welcome to the washington esd system!
Just to follow up on this thread - one common reason for payment delays after approval is the bank verification process. ESD sometimes does micro-deposits to verify your account before sending the full payment amount. Check your bank account for any small deposits (usually less than $1) from Washington State. Also, if you have any previous employers contesting your claim, that can cause delays even after initial approval. The status might show approved while they're still resolving an employer dispute in the background. For weekly claims after your first payment, the standard timing is processing on Sunday/Monday and deposit by Wednesday/Thursday if there are no issues.
Update: The money finally came through this morning! Looks like it took exactly 13 days after approval. Thanks everyone for your help and advice. For anyone else reading this later, just know that "approved" doesn't mean immediate payment - be prepared to wait 1-2 weeks for that first payment to process.
Nalani Liu
The whole ESD appeal system is designed to favor employers. I had PERFECT documentation and still lost because the ALJ (Administrative Law Judge) decided my boss was "more credible" despite having zero evidence. The system is rigged, I'm sorry to say. Don't be surprised if you lose even with good evidence. I'm still fighting my case 8 months later. Appealed to Commissioner's Review Office but they rubber-stamp everything.
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Noah huntAce420
While some people do have negative experiences, I wouldn't say the system is entirely rigged. In fact, statistics show that claimants win a significant percentage of appeals, especially when they have documentation. Your individual case may have had specific issues, but making blanket statements that the system is designed to favor employers isn't accurate or helpful to someone preparing for a hearing.
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Dananyl Lear
Update: I just finished my hearing and I think it went well! The judge was super professional and didn't let my ex-boss interrupt me. When she tried claiming I was "insubordinate," the judge asked for specific examples and dates, and she couldn't provide any. He also accepted my last-minute evidence submission. I made sure to ask questions when it was my turn, just like you all suggested. I asked why the reason for my termination changed three times in her statements to ESD, and she got really flustered. The judge noticed that too. Now I just have to wait for the decision. Thank you all SO MUCH for your advice - I felt much more prepared and confident than I would have otherwise. Will update when I get the ruling!
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Noah huntAce420
That sounds very promising! The judge asking for specific examples is usually a good sign. When they spot inconsistencies like changing reasons for termination, they tend to view the employer's entire testimony with skepticism. Wishing you the best outcome!
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