Denied benefits - need employer's separation info from ESD for appeal
I got denied for unemployment last week and I'm 99% sure my former employer (a large coffee chain that shall remain nameless 😒) gave ESD incorrect information about why I was let go. During my fact-finding interview, the agent mentioned some details that were completely false! I want to see exactly what my employer submitted so I can address it point by point in my appeal. Does anyone know how to get a copy of the separation info my employer gave to ESD? Is it somewhere in eServices that I'm missing? I called the claims center 14 times today and couldn't get through. Also, how do appeals usually work? If I submit solid documentation contradicting my employer's claims, will they still schedule a hearing or could they reverse the decision based on my appeal documents alone? This is my first time dealing with unemployment and I'm really worried about making rent next month if this drags on too long. Any advice would be so appreciated!
17 comments
Miguel Alvarez
You need to submit a public records request to get that information. Go to the ESD website and search for 'public records request' - there's a specific form for it. Be very specific that you want all separation information and fact-finding documents related to your claim. As for appeals, in my experience, they almost always schedule a hearing even with documentation. The judge wants to hear both sides directly. Start preparing now - write down exact dates of incidents, gather any supporting emails or messages, and review the ESD handbook on appeals (it's on their website). Don't worry too much about the big company. The Administrative Law Judges are generally fair and focused on facts, not influenced by company size. Just be organized and stick to relevant points during your hearing.
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CyberSiren
•Thank you! I'll submit that public records request today. Do you know roughly how long it takes to get the documents back? My appeal deadline is in 2 weeks and I'm wondering if I should just file the appeal now with what I know or wait for the records.
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Zainab Yusuf
omg I went through this EXACT thing with them last year!! that company is notorious for fighting unemployment claims even when they have no case. they told ESD i was fired for theft when actually i just gave my roommate a free refill which was 100% allowed by policy. such BS. anyway ya the hearing is pretty much guaranteed. they sent me a notice like 3 weeks after i appealed with the hearing date. make sure u submit ALL ur evidence before the hearing deadline they give u!!
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CyberSiren
•That's awful! They're claiming I violated policy by calling out sick too many times, but I ALWAYS had doctor's notes and followed the proper call-out procedure. It's infuriating they can just make things up. How long did your whole appeal process take from denial to final decision?
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Connor O'Reilly
I went through the appeal process last year, and here's what you need to know: 1. File your appeal ASAP - don't wait. You have 30 days from the date of the denial letter. 2. In your appeal statement, clearly state that you disagree with your employer's characterization of the separation and explain why their account is factually incorrect. Be specific about dates and policies. 3. Yes, you'll almost certainly get a hearing scheduled. They rarely reverse decisions based solely on the appeal paperwork. 4. The hearing is typically scheduled 4-6 weeks after you file the appeal. 5. To get your employer's statements, submit a public records request to ESD immediately. However, don't wait for those records to file your appeal. 6. During the hearing, you'll have the chance to question your employer's representative about their statements. The judge will also ask questions to both parties. 7. Stick to facts and stay calm. Emotional arguments don't work well in these hearings. Good luck!
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CyberSiren
•This is incredibly helpful - thank you! I'll file the appeal today and then gather everything I need for the hearing. Should I expect my former manager to be at the hearing, or do companies usually send HR representatives?
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Yara Khoury
Have you tried using Claimyr to get through to an ESD agent? I was in the same boat last month - couldn't get through no matter how many times I called. Someone here recommended Claimyr (claimyr.com), and they got me through to an ESD agent in about 20 minutes. You can see how it works in their video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with was able to give me some basic info about what my employer said. It wasn't super detailed, but it helped me understand what I was dealing with for my appeal. Definitely worth it when you're desperately trying to reach someone at ESD.
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Keisha Taylor
•does this really work? ive been trying to call for daysssss and keep getting hung up on. im desperate at this point
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Yara Khoury
•Yes, it actually works! The service connects you to an ESD agent when it's your turn, so you don't have to stay on hold forever. Really helped me get answers about my situation quickly.
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StardustSeeker
Listen, DOCUMENT EVERYTHING from now on!! These big corporations have departments dedicated to fighting unemployment claims. It's all about saving money for them. I've been through TWO appeals against my former employer (not the coffee place, but a big retail chain). First hearing I lost because I wasn't prepared enough. Second one I WON because I came with a stack of evidence. Bring printed copies of EVERYTHING to your hearing - attendance records, doctor's notes, employee handbook policies about sick time, witness statements if possible, EVERYTHING!!! The judge can only rule based on what's presented at the hearing. And yes, you'll definitely get a hearing. I've never heard of anyone getting a reversal without a hearing. The system is designed for both sides to present their case directly to the judge.
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CyberSiren
•Thank you for the advice! I've already started a folder with all my doctor's notes and screenshots of the text messages with my manager acknowledging them. I'll definitely print extra copies for the hearing.
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Paolo Marino
Public records request is definitely the way to go! But just know that it can take 2-3 weeks to get those records back from ESD. Their records department is really backed up right now. One thing to know about the hearing - they're done by phone now (post-COVID they never went back to in-person). Make sure you have good phone reception wherever you plan to take the call. My hearing got messed up because I kept cutting out and the judge got annoyed. Also, big companies usually send an HR person plus maybe your direct manager. They'll have their story straight, so be ready for that. Don't let them talk over you - the judge will give each person time to speak.
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StardustSeeker
•THIS!!! I had my former manager AND the district manager AND someone from corporate HR on my hearing call! They ganged up but the judge was pretty good about giving everyone equal time to speak. Just be READY for multiple people from the company side.
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Keisha Taylor
wat do u do if u miss the appeal deadline? i got denied 2 months ago but didnt appeal cause i didnt know how. can i still do it now??
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Connor O'Reilly
•You can file a late appeal, but you need to explain why it's late. If you have a good reason (like you never received the denial letter, were hospitalized, etc.), they might accept it. But if it's just because you didn't know how, they might not. Still worth trying - include a detailed explanation with your late appeal about why you missed the deadline.
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Miguel Alvarez
One more important thing - when you do get your hearing scheduled, make sure to submit all your evidence before the deadline they give you (usually 1 week before the hearing). If you try to introduce new evidence during the hearing that you didn't submit ahead of time, the judge might not accept it. Also, prepare a short opening statement (2-3 minutes) that summarizes your case clearly. Practice it so you don't ramble - hearings usually only last 30-45 minutes total, and you want to make sure you cover all your important points. Finally, in my experience, the judge will usually mail the decision within 1-2 weeks after the hearing. If it's taking longer, you can call OAH (Office of Administrative Hearings) to check on the status.
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CyberSiren
•That's great advice about the opening statement. I tend to get nervous and flustered when put on the spot, so I'll definitely prepare and practice what I want to say. Thank you!
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