Appealed ESD disqualification, hearing upcoming - chances of overturning?

I won my appeal hearing last month! The chances really depend on your specific circumstances and the evidence you have. Here's what helped me win: 1. DOCUMENTATION: Bring every relevant document you can find. Print emails, text messages, performance reviews, anything that supports your side. 2. WITNESSES: If your coworker is willing to testify at the hearing, that can be extremely valuable. 3. PREPARATION: Write out exactly what happened in chronological order and practice explaining it clearly. 4. STAY CALM: The judge wants facts, not emotions, even though it's incredibly stressful. From what you've described, you have a decent case if you can prove the employer never documented these alleged performance issues. The burden of proof is on the employer to show misconduct, not on you to disprove it. That's an important legal distinction in these hearings.

I went thru the same thing last yr. lost my hearing bcuz my boss showed up with 3 written warnings i had signed. even tho they were for minor things (being 5 min late, etc) the judge sided w/ them. Make sure u can prove they never gave u warnings if thats what ur claiming! good luck

I worked as an unemployment counselor for years. Your chances depend entirely on the evidence. The good news is that administrative law judges in ESD cases are usually pretty good at spotting when employers suddenly produce documentation they never showed the employee. Some advice: - If your employer provides documents at the hearing that you've never seen, explicitly say "I've never seen this document before today." - Ask questions like "Why wasn't I provided with this warning when it was supposedly created?" - Bring any evidence of positive feedback (emails, reviews, etc.) you received close to the termination date - Emphasize if there was a department restructuring that affected multiple employees The judge is looking for a preponderance of evidence (51% likelihood) that the employer's claims are valid or not. You'd be surprised how often employees win these hearings.

I HATE to be the bearer of bad news but the system is RIGGED against us workers!!! I lost my appeal even though my boss was literally screaming at me in front of customers. The judge said that "responding disrespectfully to a manager" was misconduct. Whatever. ESD just wants to save money by not paying benefits! They don't care if you end up homeless!!!

have u tried calling esd directly to ask about ur specific case? sometimes they can give u tips before the hearing

Not to get off topic but if ur worried about rent have u applied for rental assistance thru DSHS while waiting for ur ui situation to resolve? might help buy some time with ur landlord

I represented myself and it worked out fine. My hearing was scheduled for 45 minutes but only took about 30. The judge was very methodical and fair, asking both sides specific questions. Just be honest and stick to the facts. The part that helps your case a lot is that multiple other employees were laid off at the same time. That strongly supports your restructuring claim versus their misconduct claim. Definitely emphasize this and bring any documentation showing it was a larger layoff if possible. Also, prepare for the fact that after the hearing, you'll typically wait 1-3 weeks for a written decision to arrive. This waiting period is extremely stressful, so have a support plan in place.

Yes, absolutely emphasize that 4 others were laid off simultaneously! That's extremely strong evidence of a restructuring rather than misconduct. Those commendation emails from just before the termination are also gold - they directly contradict the performance issues claim. Regarding documentation they might suddenly produce - if they present new documents at the hearing, you can request time to review them. You can also question when they were created, who created them, and why you never saw them before. As a statistical point, in Washington state, about 30-40% of employee appeals are successful, but that rises to nearly 60% in cases where the employee has documentation contradicting the employer's version of events. Your case sounds like it falls in that category.

Just wanted to add that the hearing will probably be conducted by phone due to the backlog ESD is experiencing. Make sure you're in a quiet place with good reception and have all your documents laid out in front of you. If you have trouble getting connected or get disconnected during the call, contact the Office of Administrative Hearings immediately - don't wait for them to call you back! I learned this the hard way.