ESD appeal hearing finally scheduled after 8 months - what should I expect?
After fighting with ESD for what feels like forever (8 months!!), I finally got a notice for my appeal hearing with the Office of Administrative Hearings next week. This whole process has been a nightmare since I was denied benefits because they claim I quit voluntarily, when my hours were actually cut so drastically that I couldn't afford to stay. I'm super nervous about this hearing and have no idea what to expect. Will it be like court? Should I bring any documentation? Will the judge be mean? Anyone been through this process recently who can tell me what it's actually like? The letter says something about it being over the phone but I'm still stressing about it.
17 comments
Ethan Davis
I went through an appeal hearing back in March. Here's what to expect: 1. It's mostly over the phone, so make sure you're in a quiet place with good reception 2. Have ALL your documentation ready - pay stubs, any emails/texts about your hours being cut, communication with supervisors, etc. 3. The Administrative Law Judge (ALJ) will swear you in, then the employer usually speaks first 4. Be prepared to explain EXACTLY why your hours being cut made it impossible to continue (specific numbers help) 5. Stay calm and stick to facts - emotional arguments don't work well 6. You'll get to question your employer and vice versa Be super prepared with dates, times, and documentation. The ALJs are actually pretty fair in my experience. Good luck!
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Aisha Abdullah
•Thank you SO MUCH for this detailed breakdown! I wasn't sure if I needed to have my camera on or anything. Do you know how long the hearing usually lasts? And did you get your decision right away or was there another waiting period?
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Yuki Tanaka
i had my appeal in Dec and it was AWFUL!!!!! my former boss straight up LIED about everything and i wasnt ready for that. make sure u have PROOF of everything u say bc they will lie. i lost my case bcuz i didnt have the texts saved showing they cut my hours. SAVE EVERYTHING!!!!!
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Aisha Abdullah
•Oh no, that's exactly what I'm worried about! My old manager was really shady about the whole thing. I have some emails about the schedule changes but not everything. Did you try to appeal again after you lost?
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Yuki Tanaka
•no i gave up. too much stress. but i should have asked for more time to get evidence but i was so nervous i just froze up. dont do that!!!
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Carmen Ortiz
I've been through several UI appeal hearings as both a claimant and an employer representative. Here's my advice: - Review RCW 50.04.294 which covers "good cause" for quitting including substantial reduction in hours - You need to prove your hours were cut by at least 25% to qualify under most circumstances - Be extremely organized - create a simple document with dates and events in chronological order - Have copies of your work schedule before and after the reduction - Calculate the exact percentage your hours were reduced and your income impact - Prepare a brief opening statement (2-3 minutes) explaining your case - Practice answering questions about why you couldn't continue working with reduced hours The ALJs are fair but they need clear evidence. Most hearings last 30-60 minutes, and you'll typically get a decision by mail within 2-3 weeks.
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Aisha Abdullah
•This is GOLD! Thank you! I didn't know about the 25% rule - my hours were cut by almost 40% so that should help my case. I'm going to put together that timeline document tonight. I'm feeling a bit more hopeful now.
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MidnightRider
my cousin had an appeal and won after 6 months. he said the most important thing was staying calm and not interrupting the judge or employer even when they were saying things that weren't true. then when it was his turn he calmly corrected everything with proof. also he said don't use filler words like "um" and "like" too much because it makes you sound unsure.
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Andre Laurent
I'm actually in the middle of the appeals process too (different issue though - they say I didn't do enough job searches). It's been IMPOSSIBLE to reach anyone at ESD to even discuss my case before the hearing! I've been calling literally 50+ times a day and either get disconnected or told the wait is over 3 hours. Anyone know how to actually get through to a human at ESD? I'm desperate to talk to someone before my hearing next week.
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Zoe Papadopoulos
•After wasting days trying to get through to ESD, I finally found a service called Claimyr that got me connected to an ESD agent in about 15 minutes. They basically call ESD for you and when they reach an agent, they connect you. Saved me hours of frustration. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Honestly was worth it because I needed to get some documentation clarified before my hearing.
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Jamal Washington
Just had my appeal hearing last month after waiting almost a year! The whole system is broken. Here's what surprised me: 1. MY EMPLOYER DIDN'T EVEN SHOW UP! After all that stress! 2. The judge still made me prove my case even though employer wasn't there 3. The whole thing only took 25 minutes 4. Decision took 2.5 weeks to arrive (by mail, not online) 5. I won but they're STILL taking forever to release my benefits Make sure you log in 10 minutes early to the phone call. They're super strict about tardiness. And write down the judge's name and the date in case you need to follow up later.
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Aisha Abdullah
•Congrats on winning! That gives me some hope. Did you have an attorney or did you represent yourself? I can't afford a lawyer so I'm trying to figure this out on my own.
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Jamal Washington
•Did it myself. Lawyers are $$$ and honestly for a straightforward case like yours (hours reduction) you should be fine on your own if you're organized. Just be super clear about the EXACT percentage your hours were cut and why it made it impossible to pay your bills.
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Ethan Davis
One more important tip I forgot to mention: if you have any witnesses who can testify about your hours being cut, make sure to tell OAH in advance. You can have a former coworker join the call to confirm what happened. Just make sure you notify OAH at least 24 hours before the hearing with their name and contact info.
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Mei Wong
i dunno why everyone is making this so complicated lol. its just a phone call with a judge who asks questions. i had one last year and just told my story and won. didn't have any special documents or anything. judge was actually super nice.
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Carmen Ortiz
•This is dangerously misleading. Appeal outcomes vary WIDELY depending on the specific circumstances and evidence presented. While your experience may have been easy, many people lose their appeals precisely because they don't properly prepare. The burden of proof is on the claimant when contesting a voluntary quit determination.
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Aisha Abdullah
Thank you everyone for all this great advice! I'm feeling much more prepared now. I'm going to gather all my documentation tonight, create that timeline, and calculate exactly how much my hours/pay were reduced. I'll update after my hearing to let you all know how it went. Fingers crossed!
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