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!

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!

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!

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.

I'm going through almost the exact same situation right now - unemployment denied for alleged misconduct when it was really just a toxic work environment. I'm about 4 weeks into the appeal process and haven't heard anything beyond the initial "we received your appeal" acknowledgment. Reading through everyone's experiences here has been incredibly helpful and reassuring. I had no idea about the difference between ESD adjudication vs OAH hearings, or that I should keep filing weekly claims during the appeal. Thank you all for sharing your knowledge! One question for those who've been through this - did anyone try reaching out to local legal aid or pro bono services for help with their case? I'm wondering if having some legal guidance would be worth pursuing, especially if this ends up going to a formal hearing. Also, @Liam Fitzgerald, your situation sounds really similar to mine. Please keep us updated on how things progress - it helps to know I'm not going through this alone!

I went through something very similar with my appeal hearing about 6 months ago! My former employer (a logistics company) also didn't show up, and I was dealing with a medical situation too - had to leave because of complications from a knee injury that made it impossible to meet their physical requirements. The employer no-show definitely helped my case. Without someone there to challenge my testimony or present counter-arguments, the judge was able to focus entirely on my explanation of the circumstances. I think what really made the difference was being able to clearly explain that I physically COULD NOT perform the job duties, not that I simply chose not to. Your situation with Amazon's pivot program actually sounds even stronger than mine was. Those programs are pretty well-documented as being termination setups rather than genuine improvement opportunities, especially when someone has medical limitations. The judge will likely recognize that pattern. I got my decision letter about 10 days after the hearing, and it was approved with full backpay for all the weeks I had filed. The key thing that helped me was being very specific about how my medical condition prevented me from doing essential job functions, which sounds exactly like what you did. Keep filing those weekly claims and try not to stress too much - based on what you've described, you have a really solid case. The combination of medical necessity, employer no-show, and Amazon's questionable "improvement" program should work strongly in your favor. Fingers crossed you get that approval letter soon!

I'm going through my own ESD appeal process right now (different situation but similar stress!) and reading through all these responses is giving me so much hope for your case. The combination of factors you have - medical necessity, Amazon's questionable pivot program, and employer no-show - really does seem like a strong foundation. What strikes me most is how many people here have had positive outcomes when employers don't show up to defend their position. It seems like judges interpret that as the company not being willing to stand behind their decision to contest your claim. The medical recovery angle is so important in your case. You weren't just unhappy with your job - you literally couldn't perform the required duties while healing from surgery. That's textbook "good cause" for leaving employment. Amazon's notorious productivity metrics are hard enough when you're healthy, let alone when you're recovering! I know the bills piling up makes this wait even more stressful, but it sounds like you did everything right - explained your medical limitations clearly, emphasized that you COULDN'T work rather than WOULDN'T work, and you've been filing weekly claims consistently. Really hoping you get that approval letter soon! Please keep us posted when you hear something - success stories like this help keep the rest of us going through our own appeals. Sending positive thoughts your way! 🤞

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!

I'm going through the exact same situation right now! Won my OAH hearing 2 weeks ago after they wrongly denied me for "job abandonment" when I was actually laid off due to restructuring. The judge completely sided with me and reversed their decision, but like you, my ESD account still shows disqualified and no payments. Reading everyone's experiences here is both reassuring and frustrating - seems like 2-3 weeks is the norm which means I should see something soon. I've been faithfully filing my weekly claims this whole time even though it feels pointless when your account says you're not eligible. The hardship escalation option that @Andre Laurent mentioned is something I didn't know about - might be worth exploring since I'm also getting close to missing rent. This whole process has been such a nightmare but at least we got through the appeal part! Fingers crossed both our payments show up soon.