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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.
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.
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.
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.
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.
Olivia Garcia
question - does anyone know if accepting part time work affects your job search requirements? do you still have to do the 3 job search activities every week even if you have a part time job now? i'm confused about this part.
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Diego Fisher
•Yes, you still need to complete your 3 job search activities each week even if you're working part-time. The only way to have this requirement waived is if you're officially on standby (temporary layoff with return date) or in an approved training program. A part-time job doesn't change your search requirements since ESD considers you to still be looking for full-time work.
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Evelyn Kim
Update: I accepted the part-time position and reported my first week of work on my weekly claim. The process was pretty straightforward - I just had to enter my hours worked each day and the gross pay before taxes. My benefit was reduced but I still received a partial payment. Thanks everyone for the advice! I'm relieved I can gain experience in my field while still getting some unemployment support until I find something full-time.
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Lincoln Ramiro
•Great to hear it worked out! One additional tip: if your hours increase or decrease from week to week, make sure to accurately report each specific week's hours/earnings rather than averaging or estimating. ESD's system does occasionally cross-check with employer reporting, and discrepancies can trigger adjudication delays. Best of luck with the new position!
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