ESD Appeals Process - Is a hearing always required or can they decide with just my documentation?

In my experience, hearings are almost always scheduled for appeals. I went through this last year when ESD initially denied my claim saying I was fired for misconduct (I wasn't). Even with all the documentation I submitted, they still scheduled a hearing with an Administrative Law Judge through the Office of Administrative Hearings (OAH). The good news is you'll get a chance to further explain your situation. The hearing was over the phone and took about 45 minutes. Make sure you're prepared to explain exactly why your working conditions were unsafe and why you had no reasonable alternative but to quit.

EVERY SINGLE APPEAL goes to hearing!!!! dont waste ur time hoping they'll just "review ur docs" cause that NEVER happens!!! the whole system is designed to make it as difficult as possible. i had TONS of proof and they still made me do the stupid hearing and then STILL denied me after that!!!! its all rigged against workers!!

I'm an employment attorney, and I can clarify this question. While most appeals do result in hearings, there are exceptions. In some cases, if your documentation clearly establishes good cause for leaving (like your safety concerns and medical documentation), ESD might reverse their initial determination without proceeding to a hearing. However, this is relatively uncommon. If your appeal does go to hearing (which is likely), here's what to expect: 1. You'll receive a Notice of Hearing at least 7 days before the scheduled date 2. The hearing will be conducted by an Administrative Law Judge from OAH 3. Your former employer will typically participate 4. You'll need to explain why you had good cause to quit 5. All the documentation you've already submitted will be considered My recommendation: Prepare as if a hearing will occur. Organize your evidence, prepare a timeline of events, and be ready to clearly articulate why your working conditions were unsafe and what steps you took to address the issues before quitting.

i had an appeal last year and yes there was a hearing but it wasnt as scary as i thought it would be. just be honest and stick to the facts. my hearing was over the phone and my former boss didnt even show up which helped me win lol

I had the exact same safety concerns issue when I quit my job at an assisted living facility in 2023! They were constantly understaffing us and I was caring for way too many residents alone. I filed an appeal after being denied and yes, there was definitely a hearing. The most stressful part was waiting - it took almost 6 weeks from when I filed the appeal until the actual hearing date. By that point I was completely broke. Do you know if your old employer is planning to contest the appeal? Mine did, which made things more complicated. I tried for WEEKS to get through to ESD to check on my appeal status and it was impossible. The phone lines were always busy or would disconnect me after waiting for 30+ minutes. I finally used a service called Claimyr (claimyr.com) that got me through to an actual ESD agent within 20 minutes. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was super helpful for getting updates on my appeal process and answering questions about what to expect at the hearing.

my freind had something similar happen and she submitted tons of stuff but still had a hearing. one good thing tho is that if u win ur appeal u get all the back pay from when u first applied! so thats good

To answer your question about talking to your former employer during the hearing - yes, they'll be on the call too. The judge asks each party questions, and sometimes they'll let you and your employer ask each other questions through the judge. It's formal but not like a court trial. One important tip: have all your documentation organized and in front of you during the call. The judge will reference specific documents, and you'll want to be able to quickly find what they're talking about. Also, stick to factual statements rather than emotions or accusations. If your documentation about safety concerns is solid, especially that doctor's note, you have a good chance. The key is showing that you had no reasonable alternative but to quit. Judges tend to look favorably on cases where you can demonstrate you tried to resolve the issues before leaving.

To follow up on your question about submitting additional documentation: Yes, you absolutely can and should submit any additional relevant evidence you find. However, there are strict rules about timing: 1. Submit new evidence at least 7 days before your hearing 2. Make sure to send copies to all parties (ESD, your former employer, and OAH) 3. Keep proof that you submitted the documents (email confirmation, fax receipt, etc.) If you find crucial evidence after the deadline, you can still try to submit it, but the judge has discretion whether to accept it or not. The hearing notice you receive will contain specific instructions on how to submit evidence. Also, prepare a clear, chronological statement explaining why you had good cause to quit. Focus specifically on the safety issues, your attempts to resolve them, and why continuing to work there would have been unreasonable. This preparation will be valuable regardless of whether there's a hearing.