ESD appeal after employer admission of mistake - which filing option is faster?

You should absolutely file the appeal yourself ASAP. Don't wait for your employer to do it, even if they say they will. The appeal deadline is firm, and if you miss it, you're out of luck regardless of whose fault it was. Yes, the email from your employer admitting the mistake is perfect evidence - print it out and include it with your appeal. When you file, clearly explain that your employer has acknowledged they made an error in their response. Make sure to mention the specific mistake (incorrectly marking misconduct instead of lack of work layoff). File online through your eServices account if possible - it's faster than mailing. Appeals are currently taking about 8-12 weeks to be scheduled for a hearing with the Office of Administrative Hearings (OAH), but yours might go faster if the employer supports your side.

Don't wait for ur employer!! I was in almost the same situation last year and thought my boss was gonna fix it. Turns out they SAID they would but didn't actually do anything and I almost missed the deadline!! The 30 days goes by super fast when ur stressing about money. File the appeal yourself TODAY and upload that email as evidence. Take screenshots of it too just in case. You need to protect yourself even if they sound helpful right now.

Appeals are taking FOREVER right now!!! Filed mine in January and still waiting for a hearing date!!! Totally ridiculous! ESD is such a disaster!!

I work in HR and handle unemployment issues for my company. Here's what you need to know: 1. YOU must file the appeal, not your employer. The claimant (you) is the only one who can appeal a benefits denial. 2. Your employer can (and should) submit a statement supporting your appeal. They should contact their ESD account representative and explain they made an error in their original response. 3. You will not receive benefits during the appeal process unless you win. If you win, you'll get back payments for all eligible weeks. 4. Current appeal timelines are approximately 10-12 weeks to get a hearing date, then 1-3 weeks for a decision after the hearing. 5. Include the email from your employer as evidence, but also try to get a more formal statement if possible. 6. Make sure your appeal clearly states the facts: you were laid off due to lack of work, not terminated for misconduct, and your employer has acknowledged their reporting error. Good luck!

when i got denied last year i gave up and just got a new job lol the whole system is broken anyway. but if ur employer is admitting they messed up then yeah definitely appeal. just dont expect it to be fast, nothing with esd ever is

You absolutely need to keep filing your weekly claims during the entire appeal process! If you win your appeal but haven't been filing weekly claims, you won't get paid for those weeks. I learned this the hard way and lost out on like $4800 because I stopped filing when I got denied initially. Don't make my mistake! Also, has anyone here tried Claimyr? It's a service that helps you actually get through to an ESD agent on the phone. I was skeptical but after weeks of trying to get through myself, I tried it and got connected to ESD in about 25 minutes. You can see how it works at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Might be worth it to talk to someone directly about your situation while you wait for the appeal process.

My wife had to appeal last month and her employer also admitted they made a mistake when they responded to ESD. They had checked that she quit voluntarily when actually they eliminated her position. Anyway, here's what worked for us: 1. She filed the appeal online through her eServices account 2. Her former boss wrote a letter explaining the mistake 3. We included emails and the termination notice showing it was a layoff The interesting thing is that her appeal got resolved WITHOUT a hearing because the employer contacted ESD directly to correct their mistake. It took about 3 weeks total and then her benefits started coming. So make sure your employer actually contacts ESD themselves too!

make sure u appeal online not by mail! and save EVERYTHING. every email, every letter, every conversation (write down dates n times). When u have ur hearing the judge will want all the evidence. And ya def keep filing weekly claims even tho u wont get paid till after appeal. if u win theyll back pay u.

One more important tip - when you file the appeal, you'll get an acknowledgment letter that includes instructions for submitting evidence. Follow these exactly! You typically need to submit your evidence at least one week before the hearing date. Also, during the hearing itself, stay calm and stick to the facts. The judge only wants to know the specific circumstances of your separation from employment. In your case, that's simple - you were laid off due to lack of work, and the employer incorrectly reported it as misconduct. I've seen many appeals get unnecessarily complicated because people get emotional or go off on tangents about unrelated workplace issues during their hearing. The more straightforward you keep it, the better your chances.

I CANNOT BELIEVE they keep denying honest hardworking people while scammers get away with MILLIONS!!! The whole system is RIGGED!