ESD denied me for 'gross misconduct' but my termination was exaggerated - worth appealing with mental health documentation?

YES - absolutely appeal! You have several strong factors in your favor: 1) Text evidence showing your GM didn't understand the 'gross misconduct' designation 2) Medical documentation of work-related mental health issues 3) The fact that you were pressured to sign paperwork without fully understanding it The ESD appeal process takes time but is designed to give you an opportunity to present your full case. File your appeal immediately since there's a strict deadline (usually 30 days from the denial date). Make sure to include copies of those text messages and medical documentation with your appeal paperwork. The appeal will lead to a hearing with an Administrative Law Judge where you can explain your side. Gross misconduct is a high bar for employers to prove - they need to show deliberate violation of company policy that harmed their interests. If it was just a mistake or your mental health affected your work, that shouldn't qualify as gross misconduct.

APPEAL RIGHT NOW!!!!! don't wait. I got fired for 'misconduct' too and my boss totally exaggerated what happened. i was denied benefits at first but won my appeal and got ALL my backpay. the rules say 'misconduct' has to be intentional disregard for the employers interests. if you were having mental health problems and made mistakes because of that, it's NOT misconduct!!! make sure u say that in ur appeal!!

I used to work in HR and can tell you that 'gross misconduct' has a specific meaning in unemployment cases. It generally requires showing intentional disregard for the employer's interests or willful violation of policies - not just making mistakes or performing poorly. Your mental health documentation is particularly important here, as it shows there were factors affecting your performance that weren't willful on your part. One thing to be careful about though - did your company have a progressive discipline policy they should have followed before termination? If they jumped straight to firing when their own policy required warnings first, that's another point in your favor.

My sister had a similar situation last year and trying to call ESD to explain was IMPOSSIBLE. she kept getting disconnected or waiting for hours. she finally used a service called Claimyr (claimyr.com) that got her connected to an ESD agent in under 10 minutes. she was able to explain her appeal situation and get guidance on exactly what documentation to include. they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 might be worth checking out so you can talk to someone at ESD directly about your specific case before the appeal hearing. good luck!

you should definitly appeal but KEEP FILING YOUR WEEKLY CLAIMS while you wait!!!! this is super important!!! even though ur denied right now, if u win the appeal they will only pay u for weeks that u filed claims for. if u dont file during the waiting period u lose that money forever even if u win later!!!!!!

When you file your appeal, be very specific about the timeline and evidence you have. I've been through two ESD appeals (won both) and organization makes a huge difference. Create a simple document that outlines: 1. Exact date of termination 2. Date and content of the text messages from your GM (with screenshots attached) 3. Dates of medical treatment and diagnoses 4. Any relevant performance reviews or feedback showing you were in good standing 5. Any violation of their progressive discipline policy Also, did you disclose your mental health condition to your employer before termination? If they failed to provide reasonable accommodation for a documented condition, that's another potential angle for your appeal.

I think ur all missing something important here. The employer can still win even with mental health documentation if they can prove they didn't KNOW about the condition at the time. ESD only cares if the employer knew you needed accommodation and refused it. If you never told them officially or requested ADA accommodation through HR, they might still win the misconduct claim. Just be prepared for that possibility.

Make sure you know how long you have to appeal!!! I think its 30 days from when you got the denial but don't wait!!! The sooner you appeal the faster you'll get your hearing!!!

One more important thing - the burden of proof is on the employer to prove gross misconduct, not on you to disprove it. In your hearing, let them present their case first. They'll need to show clear evidence that you intentionally violated policies with awareness that it could harm the company. Testing errors alone usually don't meet this standard unless they can prove you deliberately skipped required steps knowing it would cause harm. Also, remember to stay calm during the hearing. It can be stressful, but judges respond better to clear, factual statements than emotional arguments. Stick to the timeline of events, the evidence you have, and the medical documentation. Don't get drawn into arguments about workplace politics or personalities.