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After reviewing what you've shared, I think you might have a difficult case for the Commissioner appeal, but it's not impossible. Focus on these potential arguments if applicable: 1) The judge didn't allow you sufficient time to present your case (procedural error), 2) Your on-call work is substantially different from what was promised (bait and switch situation), 3) You have documentation showing you left for better opportunities that fell through despite reasonable assurances. Emphasize any facts the judge may have overlooked during the brief hearing. Even with a strong appeal, prepare financially for the possibility it won't be successful.
I'm really sorry you're going through this - 5 months without income is incredibly tough. One thing that might be worth exploring is whether you can argue that your quit was actually "good cause" under RCW 50.20.050(2)(b). If you can show that the job opportunities you left for were reasonable based on your skills/experience and that you had legitimate reason to believe they would materialize, that could potentially help your case. Also, the fact that your current on-call work is so inconsistent (0-30+ hours per week) might actually work in your favor - ESD sometimes views extremely irregular work as underemployment rather than suitable employment. Since you mentioned the hearing was only 17 minutes and you didn't get to fully present your case, that could be grounds for procedural error. I'd definitely recommend getting that hearing recording and written decision like others suggested. Don't give up hope yet!
Good news - misconduct cases have a fairly high rate of being overturned on appeal, especially if the employer doesn't show up to the hearing or doesn't have solid documentation. Just be honest, stick to relevant facts, and don't get baited into arguments or emotional responses if your case goes to hearing. In the meantime, I strongly recommend starting to document everything now. Write down a detailed timeline of events leading to your termination while it's fresh in your mind. Gather any emails, texts, or documents that support your position. If you know coworkers who witnessed relevant events, ask if they'd be willing to provide statements (though they're not obligated to). Also, keep a log of all communication with ESD about your appeal - dates, times, what was discussed. This can be helpful if there are any procedural issues later.
One thing I learned during my appeal process is to keep copies of EVERYTHING you submit to ESD or OAH. I had to resubmit documents twice because they somehow "lost" my original paperwork. Save digital copies and get tracking confirmation if you mail anything physical. Also, if your case does go to OAH, don't be surprised if the hearing gets rescheduled at least once. Mine was postponed twice due to scheduling conflicts on the employer's side. It's frustrating but pretty common from what I've heard from others here. The waiting really is the hardest part, but try to use this time productively to build your case. Document everything, organize your evidence, and maybe even practice explaining your situation out loud so you're ready whether it's an adjudicator call or a formal hearing.
Update us when you get your decision! Based on what you've described (medical issues + pivot program + employer no-show), I think you have a strong case. The key factor in voluntary quit cases is whether you had "good cause" to leave, and medical inability to perform required duties often meets that standard. The appeal decision will include detailed reasoning from the judge about why they ruled the way they did. This is actually really helpful because even if you don't win, the decision will explain exactly what evidence was missing or what standards weren't met. That gives you a clear roadmap if you need to appeal to the Commissioner Review Office (the next level of appeal).
Hey Sofia! I went through a similar situation with my employer not showing up to my appeal hearing last year. In my case, it definitely helped - the judge seemed more receptive to my side of the story without the employer there to contradict everything I said. One thing that might help your case is that Amazon's "pivot program" is pretty well-known in the unemployment world as being a setup for termination rather than genuine performance improvement. I've seen several cases where judges recognized this pattern, especially when combined with medical issues like yours. The medical angle is really important here. Even if you didn't bring documentation to the hearing, the judge will consider your testimony about how your recovery affected your ability to meet their requirements. The key is that you left because you COULDN'T perform the work due to medical limitations, not because you just didn't want to. Fingers crossed for you! Most decisions come out within 10-14 days, so hopefully you'll hear something soon. Keep filing those weekly claims in the meantime!
One important point I forgot to mention: If you're experiencing severe financial hardship (like potential eviction or utility shutoff), you can request an expedited processing of your OAH decision implementation. Call the ESD claims center and specifically ask for a "hardship escalation" for your appeal implementation. You'll need to provide some proof of the hardship, but it can potentially speed things up significantly.
That's extremely helpful information! My rent is due on the 1st and I'm definitely going to be short. Would an eviction notice qualifier for hardship escalation, or do I need to be further along in the process? I'll try calling tomorrow with this specific request.
A notice from your landlord stating rent is past due and eviction proceedings will begin if not paid by a certain date should be sufficient. You can also use final notices from utility companies or even a bank statement showing critically low funds if you explain your situation. The key is to be specific about the timeline and consequences when you request the hardship escalation.
Just wanted to share my recent experience for anyone else in this situation - I won my OAH appeal in February and it took exactly 12 business days for ESD to implement the decision and release my back pay. Like others mentioned, there was zero communication from ESD during the wait - no letters, no status updates in my online account, nothing. Then one Tuesday morning I logged in and boom, all my back benefits were there dating back to when I first filed. The key things that helped me: I kept filing my weekly claims religiously even though my account still showed disqualified, and I had my OAH decision letter saved as a PDF on my phone in case I needed to reference the case number. The wait was stressful but it did eventually get resolved. Hang in there @Ethan Wilson - sounds like you're doing everything right!
Gabrielle Dubois
UPDATE: I got my link for tomorrow's workshop!! Just came in about 30 minutes ago. Thanks everyone for the help and calming my nerves. Will let you know how it goes!
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Aisha Patel
•nice! good luck at the workshop
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LilMama23
•Great to hear! Make sure to log in 5-10 minutes early as they sometimes mark people late if they join after the start time. Also have a pen and paper ready - they occasionally give information you'll need for your weekly claim.
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Ravi Sharma
Wait, I'm confused - @Gabrielle posted the update about getting the link, but the original post was from Klaus. Are you two the same person or did Gabrielle accidentally post an update for someone else's situation? Just want to make sure I'm following the thread correctly!
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