ESD appeal hearing rescheduling request - can I refuse employer's postponement?

I had a similar situation last year. I was pretty sure my employer was just trying to stall. I politely told the judge I couldn't agree to a postponement due to financial hardship and they ended up holding the hearing without my employer! Won my case too.

You absolutely have the right to object to a continuance. Call the OAH (Office of Administrative Hearings) back immediately and explain your financial hardship situation. Be specific about consequences you're facing (potential eviction, utility shutoffs, etc.). The judge has discretion here, but they need to balance both parties' interests. If your employer truly can't attend for a legitimate reason, the judge might still grant the continuance despite your objection. However, if it appears they're just being difficult, the judge could either deny their request or proceed with the hearing without them. One thing to note: make sure you've submitted all your evidence documents already. Those need to be received at least 3 business days before your hearing.

the esd system is RIGGED against workers!!! my employer did the EXACT same thing to me twice and the judge just kept giving them extensions. meanwhile i couldnt pay my rent and nearly got evicted while they played games with my life. if ur former employer is a big company, expect the judge to favor them 🙄

I've helped several clients with ESD appeals, and here's what I suggest: 1. Call the judge's office back immediately and firmly (but politely) object to the continuance 2. Document your financial hardship in writing - be specific about bills due, lack of income, etc. 3. Request that if a continuance is granted despite your objection, they schedule it for the earliest possible date (10/17 rather than 10/31) 4. Ask if your hearing could be prioritized due to financial hardship Under WAC 192-04-170, the judge can deny a continuance request if it appears to be for the purpose of delay or if no good cause is shown. The burden is on your employer to demonstrate why they cannot attend the scheduled hearing.

when i had my hearing my boss didnt show up at all lol and i still won, but my friend had hers postponed 3 times and it took like 2 months longer than it shouldve. just depends on your luck i guess :/ good luck!!!!

Have you tried calling ESD directly to explain your situation? When I was dealing with my appeal, I spent DAYS trying to reach someone. Finally, I found this service called Claimyr (claimyr.com) that helped me get through to an actual ESD agent within 30 minutes instead of calling for hours and getting nowhere. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent I spoke with was actually really helpful and explained that I could file a hardship request with the OAH to expedite my hearing. Might be worth trying if you're really in a financial bind.

I want to add something important: If you do object to the continuance but the judge grants it anyway, make absolutely sure you attend the rescheduled hearing, even if it's at the later date. Missing your hearing can result in automatic dismissal of your appeal. Also, be prepared for either date just in case. Organize your evidence, prepare your testimony, and be ready to clearly explain why you believe you're eligible for benefits. The more prepared you are, the better your chances of success regardless of when the hearing occurs.

One thing to consider - if your employer doesn't show up to the rescheduled hearing either, this actually works in your favor. The judge typically only has your side of the story to consider at that point. The burden of proof for denying benefits is on the employer in most cases. I've seen this happen several times where employers request continuances and then don't bother showing up anyway. Sometimes it's a delay tactic, but sometimes they just realize they don't have a strong case and don't want to waste their time.

anybody know if u can do these hearings on phone instead of zoom? i dont have good internet at my place and have same issue with employer trying to postpone

Update: I called the judge's clerk this morning and explained my financial situation. I mentioned the specific hardships I'm facing (potential car repossession and already being behind on utilities). The clerk was actually pretty understanding and said the judge would take my objection into consideration. They said they'd let me know by tomorrow whether we're proceeding with the original date or if it will be rescheduled. I'll update again when I hear back. Thanks everyone for the helpful advice!