Denied ESD benefits after unsafe forklift use - need appeal help for OAH hearing next week

You need to submit your evidence to OAH as soon as possible before your hearing. Here's what to do: 1. Call the OAH office handling your case (the number should be on your hearing notice) 2. Ask for instructions on submitting exhibits electronically - they'll usually give you an email address or direct you to their online portal 3. Make sure to include your case/docket number in all communications 4. When submitting videos/photos, include a written explanation of what each shows and why it's relevant 5. Also prepare a timeline document that clearly shows when you operated the forklift, when injuries occurred, when you reported unsafe conditions, etc. Most importantly - this evidence needs to be submitted AT LEAST 24 hours before your hearing (preferably earlier). The judge and your former employer need time to review it. Good luck!

they cant deny u for safety issues thats retaliation. my friend quit cuz they made him work on electric lines with no training and he got benefits easy. make sure u say u had no choice but to quit its called constructive dismissal or something

The EXACT same thing happened to me last year!!! My employer (warehouse) had me operating machinery I wasn't certified for then LIED during my appeal hearing saying I was "trained" when there was zero documentation. I was denied initially but WON my appeal by showing texts between me and my supervisor where I asked for proper training multiple times. My advice: gather EVERYTHING. Not just the videos/photos of you on the forklift, but any texts, emails, or written communication where you mentioned safety concerns. If you reported the injuries to HR or filled out incident reports, get copies. Witnesses are helpful too - see if any former coworkers would be willing to provide written statements about the safety issues. During the hearing, stay CALM and stick to FACTS. The judge will appreciate a timeline of events rather than emotional statements about how terrible your manager was.

I had a nightmare time trying to get through to OAH when I needed to submit evidence for my appeal hearing. Spent DAYS calling that number on the hearing notice without getting through. Finally discovered Claimyr (claimyr.com) which got me connected to an actual person at OAH in under 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I got through, they explained exactly how to email my evidence and even confirmed receipt. Seriously saved my case because I was running out of time before my hearing.

THE ESD SYSTEM IS RIGGED AGAINST WORKERS!!!! I went through an appeal and the judge basically ignored ALL my evidence and sided with my employer who COMPLETELY LIED about everything!!! They don't care about worker safety AT ALL!! Just protecting businesses!! DOCUMENT EVERYTHING and RECORD YOUR HEARING if they let you because they will try to twist your words!!!

Make sure you understand the legal standard for voluntary quits in Washington. For ESD purposes, you need to prove you had "good cause" to quit AND that you exhausted all reasonable alternatives before quitting. In your case, focus on: 1. Safety violations (operating forklift without certification) - this is covered under WAC 192-150-120 2. Document when you reported safety concerns and to whom 3. What specific response did you receive from management? 4. What steps did you take before quitting? (important: did you report to upper management, HR, OSHA/L&I?) The key question will be: did you give your employer reasonable opportunity to correct the safety issue before quitting? If you can show you reported it multiple times with no resolution, that strengthens your case significantly. Also, get your L&I claim documentation - this provides third-party verification of workplace injuries that supports your safety concerns.

my cousin works at esd and says they throw out most appeals lol good luck. make sure ur super nice to the judge some of them are real jerks

I'm an employment lawyer (not giving legal advice, just general info). For your hearing, organize your thoughts around these points: 1. Unsafe working conditions (uncertified forklift operation) 2. Employer's failure to remedy after reasonable notice 3. Documentation of injuries resulting from unsafe conditions 4. Timeline showing you attempted resolution before quitting During the hearing: - Answer questions directly and briefly - Don't interrupt the judge or your former employer - When describing events, stick to "I observed" or "I experienced" rather than assumptions about others' motives - If your employer makes false statements, wait for your turn to respond, then calmly present contradicting evidence I've seen many employees win these cases when they have clear documentation of safety violations that weren't addressed after being reported.

One more important tip: Be very specific about the timeline leading up to your quit. The judge will want to know: 1. When did you first report safety concerns? To whom? 2. What was their response? 3. How many times did you follow up? 4. What was the "final straw" that made you quit? 5. How much time passed between reporting and quitting? Based on what you've shared, it sounds like you have a strong case for good cause, but you need to clearly demonstrate you tried to resolve the issues before leaving. Print all your evidence in triplicate and have it organized chronologically so you can quickly reference it during questioning.