ESD appeal timeline after employer lied about termination reason - anyone been through this?

The appeal process with ESD can take anywhere from 4-8 weeks before you get a hearing scheduled with an Administrative Law Judge. My case took about 6 weeks last year before I got my hearing date. For evidence, collect anything that contradicts their misconduct claim: performance reviews (good that you have these), any emails about the restructuring/downsizing, witness statements from coworkers if possible, and a detailed written timeline of events. Also gather your employee handbook if you have it - if they claim you violated policy, you want to show either that you didn't or that the policy wasn't consistently enforced. Make sure to file your weekly claims while waiting for the appeal - if you win, you'll get backpay for all those weeks, but only if you filed claims for them.

went thru this last summer. my boss said i was a no-show for 3 days but actually i had approved time off. took 7 weeks to get my hearing and another 3 weeks to get the decision. ESD is sloooooooow

The Office of Administrative Hearings (OAH) is handling a high volume of appeals right now, which is why the timeline is so extended. From my experience working with clients going through ESD appeals, here's what you need to know: 1. Current average wait time is 5-7 weeks for hearing scheduling 2. Once scheduled, the hearing itself happens within 1-2 weeks 3. Decision typically comes 1-3 weeks after the hearing Evidence is critical. In addition to what's been mentioned, I would suggest: - Any communications about the downsizing affecting other employees - Documentation showing the date layoffs were announced company-wide - Any lack of disciplinary actions or warnings in your personnel file - Statements from supervisors or HR if possible confirming the real reason The judge will be looking for preponderance of evidence, and employer misconduct claims often fall apart under scrutiny when they're fabricated.

Im dealing with EXACTLY the saaaaame thing right now!!! My boss said I was fired for stealing company property but it was literally just office supplies that everyone takes home sometimes!! My appeal has been pending for 3 weeks already and I called ESD like 20 times but cant get thru to a real person. This system is BROKEN!!! How r we supposed to survive while waiting for them to fix their mistakes???

If you need to speak with an ESD agent about your appeal status (which I recommend doing weekly), try using Claimyr. I was in your exact situation last month—employer falsely claimed I violated attendance policy when I was actually laid off. I spent days trying to reach ESD with no luck, then found Claimyr (claimyr.com). They got me connected to an ESD agent in about 25 minutes when I had been trying for days on my own. There's a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with gave me the exact timeline for my appeal and explained what documentation would strengthen my case. Having that direct conversation made a huge difference versus trying to piece together information online.

I forgot to mention in my earlier response - document EVERYTHING from this point forward. Keep a log of all your job search activities (you still need to do 3 per week while appealing), take screenshots of your eServices account showing your appeal status, and save any correspondence with ESD. Also, send a detailed letter to OAH explaining your situation and providing all your evidence ahead of time - don't wait for the hearing. This gives them time to review your documentation. My appeal succeeded last year because I was overprepared with documentation. The employer wasn't nearly as organized, and the judge found in my favor.

my cousin works at ESD (not in appeals tho) and she says they're super backed up right now. apparently they lost some staff recently and appeals are taking longer than usual. not what u want to hear probably but just setting expectations...

One thing no one has mentioned yet - while you're waiting on the appeal, you should apply for other benefits you might qualify for temporarily. Check into emergency assistance, food benefits, utility discount programs, etc. Most counties have resources for people in situations like yours. It won't replace your income, but it might help stretch your savings until the appeal decision. Also, make sure you mention the financial hardship during your hearing - sometimes judges consider that when making their decisions.