ESD approved my UI claim but now I have an OAH hearing scheduled - what's going on?

Your employer is appealing ESD's decision. Even though ESD approved your claim, your employer has the right to appeal that determination, which is why you're now getting a hearing notice from OAH. This is actually pretty common - I went through this exact situation last year. Your benefits will continue while the appeal is pending, but if your employer wins the appeal, you might have to pay back what you've received (which would become an overpayment).

This happens more than you might think! Your employer is appealing ESD's initial determination. Here's what you need to do to prepare: 1. Gather any documentation showing your side of the story (performance reviews, emails, etc.) 2. Write down a timeline of events leading to termination 3. Think about any witnesses who could support your version 4. Be ready to explain why you believe you were fired without just cause The hearing will be conducted by an Administrative Law Judge, usually by phone. You'll get to tell your side, your employer will tell theirs, and both can ask questions of each other. Your benefits will typically continue during the appeal process, but if your employer wins, you might face an overpayment situation where ESD asks for the money back. Don't panic though - even in that case, you can request a waiver or payment plan.

OMG I went through this!!! My boss fired me for "excessive absences" even though I had doctors notes for everything and ESD approved me then BAM got a hearing notice! I was freaking OUT. The hearing was actually only like 45 mins on the phone. I won my case because my ex-employer didn't even show up lol. Sometimes they just appeal hoping you wont show up for the hearing - MAKE SURE YOU ATTEND!!!

Your employer likely appealed because their unemployment insurance rates go up when former employees collect benefits. It's purely financial for them. Make sure you're extremely prepared for this hearing - it's essentially a mini legal proceeding. Few tips from someone who's been an HR manager: 1. Stick to facts, not emotions 2. Have specific dates and examples ready 3. If they claim performance issues, ask why you never received written warnings or a PIP 4. Be respectful to the judge even if your employer makes you angry These hearings are usually scheduled for 45-60 minutes but can run shorter or longer depending on complexity.

i had same thing hapn to me in january. the hearing is bcuz ur employer is apealing. u shud call esd to confirm but they probably wont answer. took me like 30 calls to get thru to a human last time i had a question.

To answer your question about timing - typically these hearings are scheduled for 45-60 minutes. I would set aside at least 2 hours just in case it runs long. Let your part-time employer know you have a legal hearing to attend and need that time off. Also, one important thing: the hearing notice should indicate whether your employer filed the appeal (most likely) or if ESD is reviewing their own decision (less common). The notice should also outline the specific issue being appealed - make sure you understand exactly what's being contested.

Just some advice from someone who went through this - if you're nervous about the hearing, you can actually call OAH (Office of Administrative Hearings) ahead of time and ask procedural questions. They can't give legal advice, but they can explain how the hearing will work, what to expect, etc. They're actually quite helpful! The number should be on your hearing notice.

Just to add something no one mentioned - RECORD EVERYTHING! Washington is a two-party consent state for recording, so you need to ask permission at the start of the hearing, but the judge will almost always allow it. Having a recording helped me tremendously when I had to fight an appeal decision later. Also, don't let your employer interrupt you - the judge should control this but sometimes they don't.

Since your employer is appealing a "discharged for misconduct" case, their burden of proof is quite high. They need to prove your actions were: 1. Willful or wanton disregard of employer's interests 2. Deliberate violation of reasonable policies 3. Carelessness so severe or repeated to show intentional disregard Simple poor performance usually doesn't meet this standard. If they never gave you written warnings or improvement plans, that works strongly in your favor. Since ESD already ruled in your favor once, you're starting from a position of strength.