Appealing ESD denial after employer lied about my termination - anyone won?

Yes, I successfully appealed a similar situation last year! My employer claimed I was terminated for violating company policy, but I had documentation proving otherwise. Here's what helped me win: 1. Submit your appeal IMMEDIATELY - you only have 30 days from the determination letter date 2. Gather ALL documentation - those emails showing approved absences are gold 3. Request any relevant HR records through proper channels 4. Prepare a clear timeline of events 5. During the hearing, stay calm and stick to facts The whole process took about 7 weeks from appeal to decision in my case. The judge was very thorough and actually questioned my former employer pretty intensely when their story didn't add up. Just make sure you're organized and professional during the hearing.

I went through exactley this last year!!! My boss told ESD I was a no-call no-show for 3 days but I had TEXT MESSAGES proving I notified them each day I was sick. ESD intialy denied me but I appealed and WON. Make sure you submit ALL your evidence before the hearing deadline or they might not consider it. The system is rigged against workers but if you have proof you can win!!!

I represented claimants at OAH hearings for 5+ years. Here's what you need to know: - The burden of proof in misconduct cases is on the EMPLOYER, not you - For attendance-related misconduct, they must prove the absences were both excessive AND without good cause - Medical appointments with prior approval generally don't constitute misconduct - Prepare a clear statement for the judge explaining your side - Practice answering potential questions beforehand - Be prepared to cross-examine your former employer Bring copies of your evidence to the hearing (even though you'll submit beforehand), and be ready to reference specific documents. Appeals have about a 40-45% success rate overall, but cases with good documentation like yours tend to fare better.

I went thru similar crap with my former employer and ESD denied me too. I didnt appeal because I thought it was pointless and just found another job. BIG MISTAKE. I should have appealed. My friend appealed her denial and won, got all backpay too. Dont give up like I did, APPEAL IT!

Have you tried calling ESD directly about this? They might be able to give you better guidance specific to your case. I know getting through to them can be a nightmare though. I used Claimyr (claimyr.com) to get through to an ESD agent when I had issues with my claim last month. You can check out how it works in their video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It got me through to an actual human at ESD who explained exactly what documentation I needed for my appeal. Saved me a lot of guesswork and probably helped me win my case faster.

not exactly the same but my boss said i quit when i was actually laid off. the hearing was scary but i just told the truth and shared my final paycheck stub that said "layoff" on it. i won and got all my money eventually. good luck!!!!!

To answer your follow-up question: Employers don't always attend the hearings, but they often do when they've alleged misconduct. If they don't show up, that typically works in your favor as they've failed to meet their burden of proof. If they do attend, be prepared to ask questions like: - Who specifically approved my absences? - What specific company policy did I violate? - Why wasn't I given warnings according to company policy? - Can you provide documentation of these alleged violations? Keep questions focused on facts, not emotions. Your goal is to highlight inconsistencies in their story or lack of documentation. The judge will already have your evidence (emails showing approvals), so your questions should aim to reinforce that your absences were approved and therefore not misconduct.

Just rembered something important!!!! If you win your appeal they have to pay you for all the weeks you were waiting too!! I got a BIG check about 10 days after my hearing decision came through. Make sure you keep filing your weekly claims even while waiting for the appeal!!!!!!

To answer your question about representation - I represented myself. The OAH hearings are designed to be accessible without attorneys, and the judges are pretty good about explaining the process. That said, if your case is complex or you're really uncomfortable, you can look into free legal resources like the Unemployment Law Project. They offer free consultations and sometimes representation for appeals. One more tip: if possible, try to get statements from coworkers who might know about your situation. Third-party verification can be very persuasive in these hearings. Just make sure anyone providing a statement is willing to potentially testify if needed.

btw the whole system is rigged. ESD always sides with employers first cuz they dont wanna pay out benefits. its all about saving money for them. but the appeal judges are seperate from ESD and actually listen to evidence. thats why so many denials get overturned on appeal. the system is designed to hope people give up without appealing.

Thank you everyone for the incredibly helpful responses! I've started gathering all my evidence - emails showing approved absences, doctor's notes, and I'm reaching out to a couple sympathetic coworkers for statements. I'll definitely keep filing my weekly claims during the appeal process too. I'm going to try that Claimyr service tomorrow to hopefully speak with an ESD agent about exactly what they need from me. Then I'll draft a clear timeline and practice my testimony like several of you suggested. This whole situation is so stressful, but hearing your success stories has given me hope. I'll update this thread after my hearing to let everyone know how it went!