ESD claims I was fired for misconduct but employer disagrees - appeal confusion

This happens more often than you'd think. ESD sometimes makes determinations before they even hear back from employers. Definitely file that appeal right away - you only have 30 days from the date on your determination letter. When you file your appeal, include a statement from your HR manager explicitly stating you weren't terminated for misconduct. If possible, get this on company letterhead. Also upload any performance reviews or other documentation showing you were in good standing. Keep filing your weekly claims while your appeal is processing!

Omg ESD is the WORST for this!!! they denied me to and said i quit when i was laid off?!?! took me liek 3 months to get it fixed and i never got backpay for the weeks i missed. good luck

I had almost this exact situation in January 2025. The key is being extremely specific in your appeal about why ESD's determination is incorrect. In my case, it turned out ESD had confused me with another employee who was terminated around the same time. Here's what worked for me: 1. Filed appeal online within 5 days of determination 2. Got a formal letter from my former employer stating I was not terminated for misconduct (HR should specify the actual reason for separation) 3. Included copies of my final paycheck stub and separation notice 4. Called ESD daily until I reached someone who could note my account The frustrating part was trying to reach ESD by phone. I wasted days getting disconnected or waiting on hold. Finally found this service called Claimyr (claimyr.com) that helped me actually get through to an ESD agent. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 showing how it works. Got connected to an agent within an hour who was able to document that my employer disputed the misconduct finding. My appeal was resolved in about 3 weeks. Good luck!

this is so common its not even funny... ESD denied my benifits for misconduct to but my boss never even reported that!!!! call your HR asap and get them to email you something official saying it wasnt misconduct. Appeals take FOREVER but if you have proof youll win eventually

Unfortunately, the burden of proof in these cases falls on you, not ESD or even your employer. Start documenting EVERYTHING. Based on my experience working with unemployment claims (I used to work in HR), here's what you should do: 1. File your appeal immediately - don't wait another day 2. Get a signed statement from your HR manager explicitly stating you were NOT terminated for misconduct and explaining the actual reason for separation 3. Request copies of any performance reviews or feedback documentation 4. If you have any emails or messages relating to your separation, save those 5. Continue filing weekly claims while appealing (this is CRITICAL) 6. Request a copy of your personnel file if possible When you get to the appeal hearing, be very organized. Have all your documents ready. Speak clearly and stick to facts, not emotions. Having your HR manager there as your representative is extremely valuable - most claimants don't have that advantage. The misconduct issue is likely because they defaulted to that when they didn't receive employer information. Your case sounds very winnable with proper documentation.

Happened to me last month! It's because ESD has these automatic denial triggers. If they don't get employer response within X days, they just default to denial for certain separation types. Totally annoying but can be fixed with appeal. Just make sure you keep doing your weekly claims during the whole process!!!

I'm going through an appeal right now for something similar. Make sure you specifically request a hearing when you file your appeal! I made the mistake of not checking that box and it delayed my case by 3 weeks. Also, definitely try calling ESD to see if they can fix it without going through the whole appeal process, but good luck getting through to them. I tried for two weeks straight before I found a way to actually reach someone.

One important thing to know: If you win your appeal, you'll get backpay for all the weeks you continued to file claims. So don't stop filing your weekly claims just because you've been initially denied! I've seen so many people make this mistake and lose out on thousands of dollars of benefits they were entitled to. Also, the Office of Administrative Hearings (OAH) handles unemployment appeals, not ESD directly. They're generally more thorough and less overwhelmed than ESD. Your hearing will likely be scheduled 3-6 weeks after you file your appeal. Having your HR manager as your representative is golden - make sure they're available for the hearing date when it's scheduled.