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Quick update on something I forgot to mention - if your employer is going to be at the hearing (sometimes they are, sometimes not), be prepared for them to present their side. In my case, the payroll person from my company attended and actually ended up supporting my position because they realized their reporting to ESD had errors. So don't automatically assume your employer is "against" you in this process.
Thanks everyone for the advice! I've started gathering all my documentation and will submit it by the deadline. One last question - how long after the hearing did you get the decision? The waiting and uncertainty is killing me!
You'll typically receive the judge's written decision within 2-4 weeks after the hearing. The decision will explain the reasoning and your further appeal rights if you disagree with the outcome. If you win, ESD should remove the overpayment from your account within about 10 business days after the decision.
To add some clarity: When ESD places you in default status after missing a hearing, it means the judge made a decision based only on the evidence in your file, without your testimony. Since you didn't receive benefits and subsequently found employment, there are two distinct considerations: 1. For this specific claim: You don't need to worry about overpayments since you never received money. You should formally withdraw your claim by sending a message through eServices stating you found employment on X date and are withdrawing all pending appeals/claims. 2. For future claims: The default judgment creates a determination in your record. If you ever need to file for unemployment again, you may want to request a copy of that determination so you understand if there were any disqualifying issues noted that might affect future claims. This is really more about record-keeping than any immediate concern.
Thank you for breaking it down so clearly! This makes me feel much better. I'll get that message sent through eServices this week and request a copy of the determination just to have for my records.
One thing to remember is that there's a statute of limitations on these matters too. After a certain period (typically 3 years), ESD can no longer pursue most claims against you. Since you never received benefits, this is more of a technicality, but worth knowing for peace of mind.
Oh that's good to know! I'll still follow up with them as suggested, but it helps knowing there's a time limit on how long this could even theoretically be an issue.
When I started my job last year my sister-in-law who works in HR told me that I should file for that partial week but then I forgot and it was too late lol. Make sure you do it within the filing window or you'll lose out like I did!
ya i messed this up too once. u only have like the sunday-saturday window after the week ends to file or ur out of luck
Thanks everyone for the helpful advice! I went ahead and filed my weekly claim, reported my work start date, hours, and earnings. The system accepted it without any issues. Since I only made about $320 for those two days (and my WBA is $790), it looks like I'll get a partial payment. The confirmation page showed an estimated payment of $710, which makes sense based on the formula someone explained. Really appreciate all the help!
Great! And don't forget that once you've been at your new job for a full week, you don't need to formally "close" your claim - just stop filing weekly claims and ESD will automatically close it after a few weeks. Keep the information for your claim handy though, in case you need to reopen it within the benefit year.
Regarding your earlier question about texts to friends/family as evidence - yes, these can be helpful if they were written contemporaneously with the events. They show you were reporting these issues at the time they occurred, not fabricating them later. Make sure to redact any personal information about your friends/family if you submit these.\n\nAlso, for hostile work environment cases, it's crucial to demonstrate that you brought concerns to management when possible. If you have any documentation showing you reported problems to a supervisor or HR, these will significantly strengthen your case. If you didn't formally report issues, be prepared to explain why (fear of retaliation, no HR department, supervisor was the problem, etc.).
This makes me feel better! I did email my boss about the scheduling issues a couple times, and I have those. I also talked to him in person about the verbal abuse but he just said I was \
Zara Rashid
One more important tip - when you file the appeal, you'll get an acknowledgment letter that includes instructions for submitting evidence. Follow these exactly! You typically need to submit your evidence at least one week before the hearing date. Also, during the hearing itself, stay calm and stick to the facts. The judge only wants to know the specific circumstances of your separation from employment. In your case, that's simple - you were laid off due to lack of work, and the employer incorrectly reported it as misconduct. I've seen many appeals get unnecessarily complicated because people get emotional or go off on tangents about unrelated workplace issues during their hearing. The more straightforward you keep it, the better your chances.
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Chloe Anderson
•Thank you for the additional advice. I'll make sure to stay focused on the facts during the hearing. I tend to get nervous in these situations so I'll prepare what I want to say ahead of time.
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Anastasia Fedorov
I CANNOT BELIEVE they keep denying honest hardworking people while scammers get away with MILLIONS!!! The whole system is RIGGED!
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Diego Vargas
•This isn't really helpful to OP's specific situation. They have a straightforward appeal with employer support, which has a good chance of success.
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