ESD appeal hearing scheduled after denied for 'insubordination' - what are my chances of winning?

I won my appeal last year! The key is being super prepared. Yes, bring multiple printed copies of EVERYTHING - one for you, one for the judge, and one for the employer if they show up. The judges are actually pretty fair in my experience and will listen to both sides. Since you have documentation showing the schedule change happened without notice, that's huge. For 'insubordination' cases, the employer has to prove you willfully disobeyed a reasonable request. If they changed your schedule without proper notice after a consistent 3-year pattern, that's likely not considered reasonable. Make sure to emphasize how long you'd been on the previous schedule and any company policies about schedule changes. Practice explaining your side calmly and chronologically. The hearings are recorded, so stay professional even if you get emotional (I definitely did at mine). Good luck!

DONT GET YOUR HOPES UP!! the system is RIGGED agaisnt workers!!! My hearing was a JOKE. Judge barely looked at my evidence and just believed everything my boss said. Three years at that company and threw me away like garbage. The whole ESD system is set up to DENY benefits. Why even have appeals when they NEVER side with workers?????

I had almost the exact same situation! My boss changed my shift from days to nights with 2 days notice after I'd worked the same schedule for 18 months. I couldn't do it because of childcare and they fired me for "job abandonment." I lost my initial claim but won on appeal. The difference was I had a chance to actually explain my situation to the judge. The adjudicator never even called me either. Make sure to mention that the adjudicator didn't follow proper procedure by interviewing you. That was actually a big point in my hearing - the judge wasn't happy that proper protocol wasn't followed. Good luck!

I'm an employment attorney and see these cases regularly. Here's what you need to know: 1. Appeals have about a 30-40% success rate, but cases with good documentation like yours tend to fare better. 2. For schedule change cases, the key legal question is whether the employer's request was reasonable and whether your refusal constitutes misconduct. 3. The fact that you had a consistent schedule for 3 years works strongly in your favor. 4. The adjudicator's failure to interview you is procedurally important - be sure to mention this. 5. Your testimony is considered evidence, so practice telling your story clearly. 6. Even if your employer brings representation, the judge will ensure you have equal opportunity to present your case. Stay calm, stick to facts, and don't interrupt the employer or judge.

hey have you tried callin ESD directly to ask about your odds? good luck with that lol 😂 ive been trying to get someone on the phone for WEEKS and either get disconnected or told the wait is 200+ minutes. if you need to talk to someone before your hearing (which i would recommend), try Claimyr.com - i used them last month when my claim got stuck and they got me through to ESD in about 10 mins. they have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 but honestly for appeals, the hearing officer is separate from ESD so they're usually more fair than the adjudicators.

just curious but what industry do u work in? my cousin had something similar happen in restaurant business and they tried to say she abandoned her job when she couldnt work a shift they added last minute

One more thing I forgot to mention - when you get to the hearing, don't interrupt the judge or the employer when they're speaking. Let them finish completely before you respond. The judges really appreciate this and it makes you look more professional. Also, organize your evidence chronologically and label each document (Exhibit A, B, etc.) so you can reference them easily. "As you can see in Exhibit C, the schedule change came with no advance notice..." For a schedule change case, any company handbook or policy about schedule changes would be extremely valuable if you have access to it. If there's a policy saying they need to give 2 weeks notice for changes, and they didn't follow it, that's basically a slam dunk for you.

how long after your hearing did u get the decision? im going on 3 weeks waiting after mine and getting nervous

i don't know why everyone's being so optimistic, i literally just went through this and lost my appeal. the whole system favors employers. they can just make up whatever they want and the judges believe them because they're a "business." wish i had better news but better to be prepared for the worst imo