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Benefits suddenly stopped for hearing after ESD already decided employer lied about quitting - why?

I've been on unemployment for about 10 weeks and now I'm completely panicking. My former employer initially told ESD that I quit (I absolutely did NOT - I was terminated after questioning some safety violations). I submitted all my documentation proving I was fired - text messages, emails, performance reviews, everything. ESD investigated for 5 weeks before finally approving my benefits and I've been receiving payments since March. Now out of nowhere, my payments just stopped and eServices says there's a 'hearing' scheduled. Does this mean my ex-employer appealed ESD's decision? Why would they wait until now to challenge it? And why do I have to go through this entire process again with the exact same evidence I already provided? My daughter (7) and I are currently staying in my car because I couldn't keep up with rent after waiting so long for the initial benefits. We were about to get into a new place next week and now this happens. I'm absolutely terrified. Is there anything I can do to speed this up or get my benefits reinstated while waiting for this hearing? The OAH notice doesn't even explain why this is happening again!

Unfortunately your employer has the right to appeal ESD's initial determination within 30 days. Sounds like they waited until almost the last minute to file their appeal, which is why you were receiving benefits for a while before this happened. The hearing will be with an Administrative Law Judge through the Office of Administrative Hearings (OAH), not ESD directly. You absolutely need to attend this hearing and bring all your evidence again. The ALJ won't have access to everything you previously submitted to ESD. Explain your situation to the OAH scheduler and ask for an expedited hearing due to financial hardship. They can sometimes move you up in the queue. Also, immediately file for hardship assistance through DSHS if you haven't already. With a 7-year-old and being homeless, you should qualify for emergency assistance.

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Omar Hassan

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Thank you for explaining. I had no idea they could still appeal after I was already approved! The notice says the hearing is in 3 weeks - is that normal or already expedited? I'm going to call OAH tomorrow morning to see if they can move it up. Do you know if I can request that my benefits continue during the appeal process?

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Diego Chavez

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the same EXACT thing happened to me last yr!!!! my boss claimed i was a no call/no show when i had TEXT MESSAGES proving i gave notice. ESD approved me then boom 2 months later everything stopped for a 'hearing'. its complete BS they can do this after already deciding. the worst part was waiting another 4 weeks for the hearing date while having zero income. make sure you check your mail EVERYDAY because they send hearing info through regular mail and if you miss it you're screwed.

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Omar Hassan

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Oh no, 4 more weeks? Did you eventually win your hearing? I'm so scared about missing mail since we don't have a permanent address right now. I've been using my sister's address but she doesn't always check her mail promptly.

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NeonNebula

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You need to request continuation of benefits pending the appeal outcome. This is called a "continuation of benefits request" and you need to file it ASAP - like today if possible. There should be instructions on how to do this in your hearing notice. If not, call OAH directly at 855-928-1253 and explain your situation. For the hearing itself, organize all your evidence chronologically and make at least 3 copies - one for you, one for the judge, and one for your former employer. Also prepare a clear statement explaining exactly why you were terminated and address any specific claims your employer might make. Since you mentioned being homeless with your daughter, also contact your local WorkSource office immediately. They often have emergency housing resources specifically for families with children on unemployment.

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Omar Hassan

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Thank you so much for this information! I just checked the hearing notice again and don't see any mention of continuing benefits during the appeal. I'll call that OAH number first thing tomorrow morning. My anxiety is through the roof right now.

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UGHHH the system is SO BROKEN!!! they make us jump through all these hoops while employers can just lie and appeal whenever they want with zero consequences. i bet your employer is trying to avoid their UI tax rate going up now that they've had time to think about it. happens ALL THE TIME. the hearing process is intimidating but dont let them scare you. OAH judges are actually more fair than ESD in my experience. BTW you said you're in your car - call 211 IMMEDIATELY and tell them you have a minor child and are homeless. There are emergency hotel vouchers available in most counties for families with kids.

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Omar Hassan

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I think you're right about them trying to avoid the tax increase. They've had layoffs recently so they're probably trying to reduce costs anywhere they can. Thank you for the 211 tip - I'll call them today. I've been too embarrassed to reach out for that kind of help but I need to put my pride aside.

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Sean Kelly

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I work with a housing advocacy group - please DM me. There are emergency housing resources specifically for families with children that can get you into temporary housing within 48 hours in most counties. Don't wait on this.

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Omar Hassan

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Thank you so much - I just sent you a message.

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Zara Mirza

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i had to wait on hold with ESD for 6 hours last week trying to fix an issue with my claim and never got through. then i found this service called Claimyr that got me connected to an ESD agent in like 10 minutes. it costs money but was totally worth it for me. you can see how it works here https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com - might be helpful if you need to talk to someone at ESD about continuing your benefits during the appeal

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Omar Hassan

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I've never heard of this service but I'm definitely going to check it out. I've been trying to get through to ESD for days with no luck. At this point I'd pay almost anything to talk to a real person. Thanks for sharing this!

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Luca Russo

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Hi there - I'm so sorry you're going through this. I'm an employment attorney (though I can't offer specific legal advice here). A few important points: 1. In Washington, employers have 30 days to appeal an initial determination. It's frustrating but completely legal. 2. You should immediately file for a "stay of benefits" which means benefits continue during the appeal process. However, be aware that if you ultimately lose, you'll have to pay back those benefits. 3. Contact the Unemployment Law Project at 206-441-9178 or 888-441-9178. They offer free legal representation for unemployment hearings for people with financial hardship. 4. For the hearing, focus specifically on why your separation was not a voluntary quit. The ALJ will be looking at whether you (a) had good cause to quit or (b) didn't quit at all but were terminated. 5. Bring any witnesses who heard you being terminated.

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Omar Hassan

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Thank you so much for this detailed information! I just called the Unemployment Law Project and left a message. I didn't realize they offered free representation - that would be so helpful because I'm terrified of saying the wrong thing at the hearing. My supervisor actually terminated me in front of two coworkers, so I'll reach out to see if either would be willing to testify.

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Diego Chavez

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btw i forgot to mention my hearing was over the phone not in person. is yours phone or zoom or in person? the phone one was actually easier than i expected. the judge was super nice and my old boss kept contradicting himself and sounded like an idiot lol. i won my case in the end!

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Omar Hassan

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Mine is scheduled as a phone hearing too! That's encouraging that your experience wasn't awful and that you won your case. My former employer tends to get flustered when questioned so maybe the same will happen. Congrats on winning your case!

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UPDATE??!! Did you manage to get your benefits continued during the appeal? Hope you and your daughter are ok 💜

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Omar Hassan

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Yes! Thank you for checking in. I got through to OAH and filed for continued benefits yesterday. They said I should know within 48 hours if it's approved. We got a hotel voucher for 5 days through 211, which is such a relief. The Unemployment Law Project called me back and I have an appointment with them tomorrow to go over my case. Still extremely stressful but feeling slightly more hopeful.

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