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One more critical tip: When you get your hearing notice, it will tell you how to submit evidence. Make sure you share all evidence with both the Office of Administrative Hearings AND your former employer by the deadline (usually 1 week before). If you miss this step, the judge might not consider your evidence. Also, prepare a clear, chronological statement about what happened. Practice explaining your situation concisely - judges appreciate when you can present your case in an organized way without rambling. Focus on facts rather than emotions, even though I know this is a stressful situation. Good luck with your appeal!
has anyone had their employer just not show up to the hearing? mine didn't bother coming to the call and the judge basically had to rule in my favor since they couldn't prove their case without being there lol
Yes! This happened to me as well. My former employer made a big deal about contesting my claim but then never showed up for the hearing. The judge still asked me questions about what happened, but without the employer there to present evidence of misconduct, I won by default. It's actually pretty common from what I've heard from others.
This is a useful tip that many claimants don't know about. A few points of clarification from someone who handles these cases: 1. The Governor's office doesn't actually process your claim faster; they submit what's called a "legislative inquiry" to ESD, which flags your claim for immediate review by a specialist. 2. This works best for claims stuck in processing limbo, not for claims with legitimate adjudication issues that need resolution. 3. The current adjudication backlog is approximately 4-6 weeks, which is actually improved from last year's 8-10 week backlog. 4. Always check your ESD portal first for any pending issues that might require your input. For those who prefer to speak directly with ESD but can't get through on the phones, state WorkSource offices can sometimes help, or services like Claimyr that help connect you with agents.
I tried appealing without a lawyer and lost. My situation was different (attendance issues) but the whole process was confusing and intimidating. If you can get a free consultation with an unemployment attorney, might be worth it. Some will take cases on contingency if they think you have a good chance of winning. Just my 2 cents.
One thing to add that others haven't mentioned: once you request the appeal, start preparing a written statement. The judge will ask you to explain your side first. Having a clear, chronological explanation prepared will make a huge difference. Also, the legal definition of misconduct for unemployment in Washington is very specific - it's not the same as what an employer might consider grounds for firing. The employer must prove: 1. Your actions were deliberate violations of policies 2. Your behavior was not an error in judgment or ordinary negligence 3. Your actions harmed their business interests Since this was about changes to inventory procedures without proper training, you have an excellent chance of winning. Just be organized and factual in your presentation. Good luck!
my claim took 9 weeks last year before getting approved. ESD is the worst. i heard they expedite things if you claim hardship like eviction notice or utility shutoff. maybe try that angle?
Please don't advise people to claim hardship if they don't have documentation to back it up. This can actually delay claims further if ESD requests proof that doesn't exist. Instead, OP should focus on providing clear documentation of their contract end date and continuing to file weekly claims while waiting.
Update: I uploaded my contract end documentation and then tried calling ESD again today. Still couldn't get through after 14 attempts. This is so frustrating! I'm starting to wonder if I should just give up and try finding another job ASAP even though I've been applying everywhere for weeks with no luck. The stress is making me physically ill at this point.
Don't give up on your claim! Definitely keep job hunting (that's required anyway), but you're entitled to those benefits if you qualify. The documentation upload should help, but honestly, getting through to an actual person at ESD is what usually gets things moving. That's why I ended up using that Claimyr service - pure desperation after weeks of trying. Whatever method you use, talking to an actual ESD agent is going to be your best bet at this point.
Omar Farouk
One other tip - if your claim is still not resolved after 6 weeks, you can request an "escalation" by sending a secure message through your ESD account. Go to the dashboard, click on "Send a message", then select "Claims Questions" from the dropdown. Explain that it's been X weeks since you filed a combined wage claim and there's still no update regarding your Oregon wages. Ask specifically for the claim to be escalated to a claims specialist. In the meantime, if you're facing financial hardship while waiting, be sure to indicate that as well. Sometimes they can expedite truly urgent cases.
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Freya Christensen
•Thank you for this tip! I'll definitely do that if I don't see any updates soon. I've been sending general messages but didn't specifically ask for escalation. Good to know about the financial hardship part too - I'll definitely mention that.
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AstroAlpha
Update: I checked the ESD handbook and found this official statement about combined wage claims: "Combined wage claims may take 30 business days or longer to process as we must wait for other states to transfer your wages." So unfortunately, your 3-week wait is still within the normal timeframe. I know it's frustrating, but at least according to their official guidance, you're not yet at the point where something has definitely gone wrong. Hang in there!
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Freya Christensen
•Thank you for finding this! It helps to know this delay is actually "normal" (even if it's ridiculous). I'll try to be more patient... but I might still try that Claimyr service if it goes much longer.
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