ESD appeal hearing tomorrow - need last minute advice!
I've been stuck in ESD appeal purgatory since August and FINALLY have my OAH telephone hearing scheduled for tomorrow morning. I'm super nervous and have no clue what to expect! The letter says it's about my eligibility determination, but doesn't give many details. I got disqualified because my former employer claimed I quit, but I was actually laid off due to budget cuts. I have some emails that might help my case but I'm not sure if that's enough? Has anyone gone through one of these appeal hearings recently? What questions do they ask? How formal is it? Should I have a lawyer? Any advice would be seriously appreciated because I'm freaking out a bit!
20 comments
Ezra Bates
I had my appeal hearing back in January. Try not to stress too much - it's much less intimidating than it sounds. Here's what to expect: 1. The judge will introduce everyone and explain the process 2. You'll be sworn in (have to tell the truth) 3. Your employer will likely be on the call too 4. Both sides get to present their case and evidence 5. You can ask questions of your employer and vice versa Make sure you have those emails ready to reference! The judge asked me to explain exactly why I left my job and then asked follow-up questions. Be honest, stick to facts, and explain clearly that it was a layoff not a voluntary quit. Good luck!
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Keith Davidson
•Thank you so much! That helps me visualize what will happen. Did you end up winning your appeal? I'm worried because it's just my word against theirs, but I do have those emails from my manager mentioning budget cuts before I was let go.
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Ana Erdoğan
omg i had one last yr it was so stressful!! the judge called me 15 min late and i thought i missed it lol. my boss didnt even show up tho so that made it easier i guess. just be super clear about dates and what exactly happened bc they ask a lot of detailed questions!
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Keith Davidson
•Thanks for sharing your experience! I wonder if my employer will even show up. Did you prepare anything specific beforehand that helped you?
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Sophia Carson
You absolutely need those emails! The burden of proof in a voluntary quit case is on the employer, but in my experience as an employment counselor, having documentation is crucial. Make sure you've organized your evidence chronologically and can clearly explain: - The circumstances leading to your separation - Any conversations about the budget cuts - The exact way you were notified of the layoff - Any statements from your employer about it being a voluntary quit Stay calm, avoid interrupting, and address the judge as "Your Honor." If your employer says something incorrect, write it down and wait for your turn to respond rather than jumping in.
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Keith Davidson
•This is incredibly helpful advice! I've started organizing everything chronologically as you suggested. I have emails discussing department budget issues from 2 weeks before I was let go, then the final meeting notice, and then an email confirming my last day. Hopefully that's enough to show it wasn't voluntary.
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Elijah Knight
I had my hearing last year and it was actually pretty quick, like 30 minutes tops. The judge just wanted straight answers, no rambling. Make sure you're in a quiet place with good phone reception! My connection dropped twice and it was super embarrassing.
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Brooklyn Foley
After waiting since AUGUST?? The ESD system is completely broken. My sister waited 4 months for her hearing and then they randomly canceled it without telling her and she had to start all over again. I would recommend calling ESD first thing tomorrow morning to confirm the hearing is still happening - don't trust their notifications! Also, record the call if you can (just tell them you're recording) because they sometimes "lose" the records and then claim you never showed up. I've seen it happen too many times.
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Ana Erdoğan
•this happend to my roomate too!! his hearing got cancled and they didnt even email him or nothing. such a mess
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Keith Davidson
•Oh no, that sounds terrible! Now I'm worried the hearing might not even happen. I've tried calling ESD before but haven't been able to get through. Their phone lines are a nightmare.
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Jay Lincoln
I've helped several people with their unemployment appeals. One thing to remember: the hearing officer is looking for specific facts about whether you were laid off (eligible) or quit (potentially ineligible). A successful approach is to have a simple, clear timeline written down in front of you: - When you were notified of the budget cuts - What exactly was said to you about your job ending - What documentation you received (those emails!) Avoid emotional arguments or complaints about your employer - stick to the facts about how your employment ended. The judge will likely ask why your employer classified it as a quit, so think about that in advance. I've seen many people win these appeals when they have even minimal documentation showing it was the employer's decision to end employment.
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Keith Davidson
•Thank you for this advice! I'll definitely prepare a clear timeline as you suggested. My employer might claim it was a quit because they gave me a choice between taking a 50% pay cut or leaving - but that's not really a fair choice, right? I'll make sure to mention that.
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Jay Lincoln
•That's actually a crucial detail you should definitely mention! In Washington state, a substantial reduction in pay (typically 25% or more) can be considered good cause to leave employment. Make sure to emphasize that you were offered a 50% pay cut as the only alternative to leaving - that strengthens your case considerably.
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Jessica Suarez
I had the worst time ever trying to reach ESD before my hearing to get some questions answered. Literally spent 4 days calling constantly getting busy signals or disconnected after waiting for hours. Finally found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent within 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it because the agent gave me great advice on how to prepare for my appeal hearing. They told me what specific documents to have ready and what questions the judge would likely ask. Made a huge difference in my confidence level going into it.
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Brooklyn Foley
•I'm skeptical of services that charge just to reach a government agency we should be able to contact for FREE. The whole system is designed to make people give up or pay extra just to access their RIGHTS.
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Keith Davidson
•I've never heard of Claimyr before. If my hearing doesn't go well tomorrow, I might need to check that out. It's been impossible to reach anyone at ESD directly.
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Sophia Carson
One more important tip: If there's any information you're unsure about during the hearing, it's perfectly acceptable to say "I don't recall exactly" rather than guessing. Incorrect information, even if unintentional, can hurt your case. Also, if they ask why you waited until now to appeal (since it's been since August), just explain that you were following the process as instructed and were waiting for your assigned hearing date. The backlog isn't your fault, and they know the system is delayed.
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Keith Davidson
Thank you everyone for all this advice! I feel much more prepared now. I've organized my emails chronologically, prepared notes about the timeline of events, and will definitely mention the 50% pay cut ultimatum. I'm still nervous but at least I have a better idea of what to expect tomorrow. I'll update after the hearing to let you know how it went!
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Ezra Bates
•Good luck! Remember to take deep breaths and speak slowly. You've got this!
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Ana Erdoğan
•let us know how it goes!!
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