ESD appeal going to OAH hearing vs adjudication - what to expect?

Based on my experience last year, ESD will first try to resolve the appeal through their own adjudication process. They review both your statement and your employer's evidence. If they can make a determination based on that, they'll issue a redetermination without involving OAH. If they need more testimony or find the case more complex, they'll transfer it to OAH for a hearing. You'll definitely receive notification if it goes to OAH - they'll send both an email and physical mail with the hearing date and instructions. Usually, they give at least 10 days' notice. Make sure your contact info is updated in both your ESD and SAW accounts. In the meantime, keep filing your weekly claims even though you're not getting paid. This is CRUCIAL because if you win your appeal, they can only pay for weeks you've claimed.

i had this happen to me took like 5 weeks before they finaly sent it to OAH. the waiting is the worst part for sure!!! Keep an eye on your junk mail folder to i almost missed my hearing notice once

Just to build on what others have said, the determination of whether your appeal stays with ESD or goes to OAH depends on a few factors: 1. Complexity of your case (straightforward facts vs. conflicting evidence) 2. Your employer's response (if they dispute your appeal vigorously) 3. Current ESD workload and backlog For misconduct cases specifically, many end up at OAH because they often involve disputed facts between you and the employer. If your case goes to OAH, you'll want to prepare thoroughly. Gather any evidence that counters the misconduct claim - email communications, performance reviews, witness statements, company policies, etc. The burden of proof for misconduct is on the employer, but you need to be ready to present your side clearly. In my experience, OAH hearings are fairly formal but the judges are good at guiding you through the process. You'll testify under oath and can question your employer's statements.

When my misconduct case went to adjudication, it took about 6 weeks before I heard anything. Then I got a call from an adjudicator who asked me a bunch of questions about what happened. Two days after that call, they reversed the denial and approved my benefits without an OAH hearing. So sometimes it can work out through ESD's process! The most frustrating part was definitely the waiting and uncertainty. I kept checking my online account every day hoping for updates.

I tried calling ESD repeatedly when my appeal was stuck in the same limbo stage and could NEVER get through. Busy signals or disconnects every single time. I finally used Claimyr (claimyr.com) to get connected to an actual ESD agent who checked on my appeal status and told me it was going to OAH. Saved me weeks of uncertainty! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Knowing what was happening with my claim made a huge difference in my stress levels, even though I still had to wait for the hearing.

In my experience, misconduct cases USUALLY end up going to OAH rather than being resolved through ESD adjudication. Mine did last winter. The hearing was actually less intimidating than I expected. The judge was fair and asked good questions that helped me explain my side. If you do get a hearing date, make sure you're super prepared. Organize your thoughts ahead of time about exactly what happened with your termination. Be ready to explain: - Exactly what led to your termination - Why it wasn't misconduct (very important) - Any company policies that weren't followed in your termination - Any witnesses or documentation supporting your side Stay calm and stick to facts during the hearing. I got emotional during mine and it didn't help my case.

One more important tip: If your case does go to OAH, you'll receive a packet of evidence that your employer submitted. Review this CAREFULLY before your hearing. Note any inconsistencies or factual errors in their statements. Prepare specific rebuttals to their claims. Also be aware that misconduct in unemployment terms has a specific legal definition - it's not just any reason an employer might fire someone. For UI purposes, misconduct typically means intentional disregard of the employer's interests, repeated violations after warnings, or deliberate violations of known policies. Simple mistakes, poor performance, or personality conflicts usually DON'T count as misconduct. Make sure you understand this distinction and focus your appeal on why your situation doesn't meet the legal standard for misconduct.

btw make sure u call oah if u havent heard anything in like 6 weeks... my friend never got her notice cuz they had wrong address and missed her hearing completely!! had to request a new one and wait another month!! total nightmare!!

Good news - misconduct cases have a fairly high rate of being overturned on appeal, especially if the employer doesn't show up to the hearing or doesn't have solid documentation. Just be honest, stick to relevant facts, and don't get baited into arguments or emotional responses if your case goes to hearing. In the meantime, I strongly recommend starting to document everything now. Write down a detailed timeline of events leading to your termination while it's fresh in your mind. Gather any emails, texts, or documents that support your position. If you know coworkers who witnessed relevant events, ask if they'd be willing to provide statements (though they're not obligated to). Also, keep a log of all communication with ESD about your appeal - dates, times, what was discussed. This can be helpful if there are any procedural issues later.