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That hasn't been my experience at all. Phone and online claims are processed through the same system on the backend. The method of filing doesn't impact processing time - it's more about the complexity of your work history and whether there are any flags on your claim. I've worked with hundreds of claimants and haven't seen any statistical difference between phone and online filing times.
Hey, so I'm an accountant (not a lawyer!) and wanted to mention - check with your tax preparer because your legal fees related to getting unemployment benefits might be tax-deductible on your federal return. It falls under "miscellaneous deductions" in some cases. Won't get you the full amount back, but could reduce your tax bill a bit depending on your situation.
One other thing to consider - how quickly do you need your back benefits? After winning my appeal, it still took ESD about 3 weeks to process the payment. If you're in a rush to get those funds, calling ESD directly after 7-10 business days to check on the status can sometimes speed things up. Just be prepared for a long wait time to speak with someone.
Make sure you know how long you have to appeal!!! I think its 30 days from when you got the denial but don't wait!!! The sooner you appeal the faster you'll get your hearing!!!
One more important thing - the burden of proof is on the employer to prove gross misconduct, not on you to disprove it. In your hearing, let them present their case first. They'll need to show clear evidence that you intentionally violated policies with awareness that it could harm the company. Testing errors alone usually don't meet this standard unless they can prove you deliberately skipped required steps knowing it would cause harm. Also, remember to stay calm during the hearing. It can be stressful, but judges respond better to clear, factual statements than emotional arguments. Stick to the timeline of events, the evidence you have, and the medical documentation. Don't get drawn into arguments about workplace politics or personalities.
One more thing to consider - when you file your weekly claims, make sure you answer the work search questions carefully. Since you have a medical restriction, you might be eligible for a work search exemption but you need to request it specifically. Otherwise, you'll need to do 3 job search activities each week. If you get the exemption, you'll still need to be "able and available" for suitable work that meets your restrictions. So technically you need to be looking for jobs that would accommodate your temporary medical condition. ESD can be really picky about this, and it's a common reason claims get denied even when people qualify otherwise.
To answer your specific question about what documents to upload - yes, definitely include both doctors' notes showing the similar restrictions. Also include: 1. Your termination notice/email 2. Any documentation about the accommodation they provided during pregnancy 3. Your job description 4. Recent performance reviews showing you were in good standing Don't specifically mention ADA or discrimination in your initial unemployment claim - stick to the facts about why you were terminated. The unemployment process just needs to determine if you're eligible for benefits, not whether your employer violated labor laws. If your claim goes to adjudication (which it likely will), you'll have a phone interview with an adjudicator. That's when you can explain the inconsistency between how they handled your pregnancy vs. your injury.
Kaiya Rivera
my cousin works at esd and she says they always side with employers nowadays... system is broken
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Benjamin Carter
•This isn't accurate. ESD decisions are based on state law and the specific facts of each case. While initial determinations sometimes favor employers (who often have better documentation), many claimants win on appeal when they properly present their evidence. About 40% of claimant appeals are successful at the OAH level. The system has challenges, but it's not inherently biased against claimants.
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Evelyn Martinez
Thanks everyone for all the helpful advice! I've been taking notes and feel much better prepared for my appeal hearing now. I'll definitely organize my evidence showing the pay cut and my attempts to resolve it before quitting. I'm still trying to reach someone at ESD to find out exactly what my employer claimed, but it's nearly impossible to get through on the phone. Might try that Claimyr service if I can't get through in the next few days.
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Benjamin Carter
•Good plan. One more thing - if you haven't already, submit a written statement to OAH before your hearing explaining your side in detail. It becomes part of the record and gives the judge context before the hearing starts. Just be sure to get it in at least 3 business days before your hearing date.
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