Denied UI for "insubordination" - appeal filed but no hearing date yet from ESD - timeline?

The appeal process can be frustratingly slow right now. I went through this in January when I was denied for something similar (they claimed I violated company policy). From filing my appeal to getting a hearing date took about 5-6 weeks, and then the actual hearing was scheduled for 3 weeks after that. So roughly 2 months total from appeal to hearing. Make sure you continue filing your weekly claims even while waiting for the appeal! This is SUPER important. If you win your appeal, they'll only pay for weeks you properly certified. Also, start organizing all your evidence now - you'll need to submit it before the hearing.

you should get a letter in the mail with your hearing date but sometimes they dont send it lol. check ur eservices messages every few days cuz thats where mine showed up. good luck with ur apeal!!

I successfully appealed a misconduct denial last year. Here's what to expect: 1. Timeline: Currently running 6-8 weeks from appeal filing to hearing date notification, then another 2-4 weeks until the actual hearing. So prepare for a 2-3 month process total. 2. Preparation: While waiting, gather ALL documentation that supports your case. Text messages, emails, performance reviews, witness statements, anything showing your good work history and the timeline of events after your safety report. 3. Hearing format: Hearings are almost all done by phone now. You'll get instructions about submitting your evidence beforehand (usually must be submitted 1 week prior). 4. Burden of proof: In misconduct cases, the EMPLOYER has the burden of proving you committed misconduct. Insubordination claims require them to show you deliberately disregarded a reasonable directive. If they can't prove this, you should win. 5. Keep filing those weekly claims without fail! If you haven't heard anything after 8 weeks, you can contact the Office of Administrative Hearings directly at 1-800-583-8271 to check your status.

The ESD appeal system is BROKEN!! I waited FOUR MONTHS for my hearing last year and then they tried to reschedule it with only 48 hours notice!!! The entire system is designed to make people give up. They hope you'll just stop filing weekly claims or miss some technical deadline so they don't have to pay you. My employer straight up LIED during my hearing and the judge still sided with them. Don't expect fairness or justice from this corrupt system!!

I've been helping people with ESD appeals for years. The current timeline is about 7-8 weeks to get a hearing scheduled. Here's what you need to know: document EVERYTHING. Print out all emails, texts, company policies, etc. that support your case. For insubordination denials, it's critical to show either: 1. The directive you allegedly disobeyed wasn't clear 2. You had a good reason for not following it 3. The timing of disciplinary actions correlates with your safety report (retaliation) Also, try to get statements from any coworkers who witnessed the situation or the safety issues you reported. If you're struggling to reach ESD to check on your appeal status, I recommend trying Claimyr (claimyr.com). They have a service that helps you get through to ESD agents without the endless hold times. I've had clients use it successfully to check on appeal status and other urgent matters. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works.

Question - are you filing weekly claims while you wait? My cousin didnt do this and when he won his appeal he only got back pay for the 2 weeks he had filed claims for, not the whole 3 months he was fighting it. Super important!!

what kind of safety violations did u report? i had something kinda similar happen at my warehouse job last year

One more critical tip: When you get your hearing notice, it will tell you how to submit evidence. Make sure you share all evidence with both the Office of Administrative Hearings AND your former employer by the deadline (usually 1 week before). If you miss this step, the judge might not consider your evidence. Also, prepare a clear, chronological statement about what happened. Practice explaining your situation concisely - judges appreciate when you can present your case in an organized way without rambling. Focus on facts rather than emotions, even though I know this is a stressful situation. Good luck with your appeal!

has anyone had their employer just not show up to the hearing? mine didn't bother coming to the call and the judge basically had to rule in my favor since they couldn't prove their case without being there lol