ESD appeal hearing for voluntary quit - what to expect when prior contract job ended too?
I've got a complicated situation with my ESD unemployment and could really use some advice before my appeal hearing. Timeline: I quit a job in March 2023 and filed for UI. Was denied (expected since I voluntarily quit). Filed for 8 weeks while job hunting. Then found a contract position which ended naturally in June. Filed again for a few weeks after the contract ended. Stopped filing since I'm taking a break from job hunting right now. Here's the weird part - 7 months after my initial denial for the voluntary quit, I've suddenly got an appeal hearing scheduled! I had appealed the original denial way back when, but honestly forgot about it with everything else going on. Anyone been through an appeal hearing? Does my former employer (the one I quit) typically show up? What should I prepare? The whole situation seems extra complicated since I've had another job that ended since the original denial.
20 comments
Join the conversation
QuantumQueen
Yes, your former employer will most likely attend the hearing. They have a financial incentive to contest your claim since approved benefits can affect their UI tax rate. Make sure you have documentation about why you quit - if you had good cause (unsafe conditions, medical reasons, etc.), bring proof. The judge will want to hear specifically why you quit and whether it meets the "good cause" standards under ESD rules. The hearing notice should include what specific issues will be addressed.
0 coins
Mateo Martinez
•Thanks! I quit because they kept changing my schedule with no notice which made it impossible to arrange childcare. I've got texts from my manager showing the last-minute changes. Do you think that's enough?
0 coins
Aisha Rahman
I just went thru a similar thing last month!!! The hearing was on the phone and my old boss did call in. It was super stressful but not as bad as I thought. The judge asked me questions first then my employer got to talk and then I could respond to what they said. It took about 40 mins. Make sure u call in on time!!! They're super strict about that.
0 coins
Mateo Martinez
•Thank you for sharing your experience! Was there anything you wish you had prepared better for? I'm pretty nervous about the whole thing.
0 coins
Ethan Wilson
Something confusing in your situation - normally appeals need to be filed within 30 days of the determination. Are you sure this is an appeal of your original denial from March 2023? It seems weird they'd schedule it 7 months later. Could it be something related to the contract job ending instead?
0 coins
Mateo Martinez
•I filed the appeal right away in March when I was denied. The notice I just got specifically references the voluntary quit issue from the first employer. I was confused about the delay too!
0 coins
Yuki Sato
This is important: your second job (the contract position) might actually help your case. If you worked enough hours at the contract job, it could establish a new base year for UI eligibility. The appeal for the voluntary quit might not even matter anymore if you've qualified for a new claim based on the contract work. Check your monetary determination letter from when you applied after the contract ended. Did they calculate a new benefit amount?
0 coins
Mateo Martinez
•Wow, I didn't even think about that! I'll have to dig through my papers to find that determination letter from June. If I remember right, they did calculate a new benefit amount, but it was lower than what I would have received based on my previous job.
0 coins
Carmen Flores
heya! i deal with esd all the time for my seasonal work. schedule changes that affect childcare can sometmes be considered good cause for quitting, but you need to prove you tried to resolve the issue with your employer first. did you talk to your manager or HR about the scheduling problems before quitting?
0 coins
Mateo Martinez
•Yes, I had three meetings with my manager about it over a two-month period. I explained that I needed at least 48 hours notice for schedule changes because of childcare arrangements. She agreed each time but then would still text me at 9pm expecting me to come in at 7am the next day. I don't have documentation of those conversations though, just the texts showing the last-minute schedule changes.
0 coins
Andre Dubois
ESD is so frustrating!!!! I had an appeal hearing last year and they scheduled it THIRTEEN MONTHS after my initial claim. The system is completely broken. My employer did show up with their lawyer and HR person and they had all this documentation I'd never seen before. Make sure you request any documents they might submit BEFORE the hearing so you're not caught off guard.
0 coins
Mateo Martinez
•Thirteen months?! That's insane. How do I request documents before the hearing? There's nothing in my notice about that process.
0 coins
CyberSamurai
If you're struggling to reach ESD to ask questions before your hearing, try using Claimyr (claimyr.com). I was in a similar situation with an appeal hearing coming up and couldn't get through on the regular ESD line. Claimyr got me connected to an actual ESD agent in about 20 minutes. They even have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. I was able to get clarification on what documents I needed to prepare for my hearing.
0 coins
Mateo Martinez
•Thanks for the tip! I've been trying to call for days with no luck. I'll check it out - I have so many questions about this process.
0 coins
Yuki Sato
To prepare for your hearing: 1) Gather all communication about your scheduling issues, 2) Write a timeline of events including dates you spoke with management about the problems, 3) Be ready to explain why the schedule changes created a hardship with childcare, 4) Have calendar entries or childcare receipts showing your childcare arrangements, 5) Practice explaining your situation concisely - judges appreciate when you're organized and to-the-point. Also, mention that you tried to find solutions before quitting. That's critical for establishing good cause.
0 coins
Mateo Martinez
•This is incredibly helpful! I'll start putting together this documentation tonight. I do have my childcare receipts and some calendar entries of the schedule changes. I'll practice explaining things clearly too.
0 coins
Ethan Wilson
Wait i'm confused... if you're not looking for work right now why even worry about the appeal? You said you stopped filing claims because you're not job hunting anymore, so you wouldn't be eligible for benefits anyway at this point, right? Or are you hoping to get retroactive payments for those 8 weeks you claimed after quitting?
0 coins
Mateo Martinez
•It's for the retroactive payments for those 8 weeks. I was actively job hunting during that time, just not currently. Plus, I'm worried if I ignore the hearing notice it could cause problems if I need benefits in the future.
0 coins
QuantumQueen
One last thing to consider: if your appeal is successful and you get benefits for those 8 weeks, that could trigger an overpayment notice for any benefits you received after your contract job ended, if those were calculated on a new claim. ESD might determine you were double-dipping (using the same employment hours for two different benefit periods). This is why understanding if your contract job created a new benefit year is so important.
0 coins
Mateo Martinez
•Oh that's a good point I hadn't considered. I definitely don't want to end up with an overpayment situation. I'll see if I can figure out whether the contract job created a new benefit year before the hearing.
0 coins