ESD Appeal Hearing tomorrow - employer violated their own late policy - how to win?

I won my appeal against my former employer last year in a very similar situation! Here's what helped me: 1. Bring a printed copy of their employee handbook/late policy to reference specifically 2. Stay calm and factual - don't get emotional even if they make false statements 3. Take careful notes during their testimony so you can address any inconsistencies 4. Emphasize that they didn't follow their own written procedures for discipline 5. Point out that the stated reason for termination at the time was different than what they're claiming now The judge in my case was very interested in whether the employer followed their own policies. Make sure to specifically say "they did not follow their progressive discipline policy as outlined in their own handbook" - those exact words worked for me. And BE ON TIME for the hearing! Set multiple alarms.

wait did they ever give you written warnings before firing you?? cuz if they didnt that helps ur case ALOT. my cousin got fired for "attendance" but won his appeal cuz they couldnt prove they ever gave him any formal warnings

I've represented clients at OAH hearings for years, and the details you've shared actually give you a strong case. Make sure you're ready with these key points: 1. How their timekeeping was subjective and inconsistent (no clock-in system, relying on someone's perception) 2. The specific language from their handbook showing they didn't follow procedure 3. The fact that "not a good fit" was the only reason given at termination The burden is on your employer to prove misconduct, not on you to disprove it. Misconduct requires willful disregard of the employer's interests, and if they can't prove you were actually late on those dates OR that they followed their own disciplinary procedures, you have solid grounds to win. One last tip: be prepared with a brief, clear opening statement that outlines these key points. First impressions matter with the judge.

WHATEVER U DO DONT BE LATE TO THE HEARING LOL 😂 sorry couldnt resist... but seriously good luck!!!

I went through this exact nightmare last year with ESD. I couldn't get ANY information about my appeal and couldn't reach anyone at ESD for weeks. Their phone system is absolutely broken - I'd call 50+ times a day and either get disconnected or stuck on hold for hours. I finally found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent in about 15 minutes. They have this video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 If you need to talk to someone at ESD before your hearing to ask any questions or make sure everything is set up correctly, I'd highly recommend trying it. Totally worth it when you're dealing with something this important.

From my experience with an ESD appeal last year, here are some critical points: - Be VERY specific about dates and times in your testimony - Use your phone to record the entire hearing (for your records only) - If the employer makes any statements that contradict their earlier claims, politely ask the judge to note the inconsistency - Bring any text messages/emails that might support your timeline Also, don't be surprised if your former employer doesn't even show up. In my case, they didn't bother attending and I automatically won because they couldn't present their side. Good luck!

i lost my appeal becuse i didnt have enough evidence so make sure u bring EVERYTHING!! the judge in my case kept asking for proof proof proof and i didnt have enough. if you got any emails or texts about ur performance save those!!! and any coworkers who can back up ur story about the time keeping being weird

One more important thing: during the hearing, when it's your turn to question your employer, ask them these specific questions: 1. "Where in the employee handbook does it state that termination would occur without first imposing the two-day suspension mentioned in your progressive discipline policy?" 2. "Can you explain why the reason given for termination at the time was 'not a good fit' rather than tardiness?" 3. "What objective time-keeping system did you use to determine tardiness?" Make them explain these inconsistencies on record. The judge will notice if they can't give clear answers.

Went through an appeal back in January for something similar. One thing nobody mentioned yet - take notes during the entire hearing! The judge might make important comments or your employer might contradict themselves. Having detailed notes helped me when it was my turn to give closing remarks. Also, dress professionally even though it's probably going to be over the phone. It puts you in the right mindset. And have a glass of water nearby - your mouth gets dry when you're nervous talking for that long!

Thank you everyone for the incredibly helpful advice! I'm feeling much more prepared now. I've got all my evidence organized, written out my opening statement, and prepared questions based on your suggestions. Will update after the hearing tomorrow to let you know how it goes!