ESD denied my UI claim for 'no call no show' termination - I have proof I called!

You absolutely need to file an appeal ASAP. This is a common issue and you have a good chance of winning if you have documentation. In your appeal, include: 1. Screenshots of your call log showing the time/date/number 2. Copy of the company attendance policy (if you have it) 3. Any texts or emails where you mentioned being sick 4. Names of any coworkers who can verify you were a good employee The fact that you have actual proof that you called puts you in a strong position. The burden of proof is on the employer to show misconduct, and a single disputed absence usually doesn't rise to that level, especially when you have evidence you followed procedure.

omg the SAME THING happened to my cousin last year!!! his boss was trying to get rid of him for weeks and then used some bs about him not calling in. he fought it and won tho. definitely appeal!!!

When you appeal make sure you clearly explain that you followed the company policy exactly as written. The OAH judges are actually pretty reasonable in these cases if you can show you did what you were supposed to do. Also, did your employer ever warn you about attendance before this? If not, that helps your case too.

What no one has mentioned is that you should be checking your eServices account DAILY and responding to any requests for information immediately. When I went through my appeal, they sent me a questionnaire that I almost missed because it only gave me 5 days to respond. If you miss these deadlines it can really hurt your case.

I went through almost exactly the same thing 2 years ago with a nursing home job. I called out sick, left a message, and they claimed they never got it. I appealed and here's what helped me win: 1. I had detailed phone records (not just screenshots) 2. I found a copy of the employee handbook that showed I followed procedure 3. I got a coworker to provide a written statement that the attendance line often had issues The appeal hearing was over the phone and lasted about 30 minutes. The judge asked both me and my former employer questions. My employer couldn't prove I DIDN'T call - they just said they didn't get the message, which isn't the same thing. I won my appeal and got all my back benefits. Don't give up!

When my sister had a similar problem with ESD, she spent WEEKS trying to get through to someone at unemployment to explain her situation. She would call 50+ times a day and either get disconnected or told the wait was 4+ hours. She finally used a service called Claimyr (claimyr.com) that got her through to an actual ESD agent in under 30 minutes. They have a video demo of how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It really helped her explain her situation before the appeal to make sure all her documentation was in order. Might be worth checking out since talking to someone at ESD is practically impossible these days.

make sure u get ur appeal in FAST dont wait the whole 30 days, earlier is better. and dont file online do it by fax or mail so u have proof they got it!!!

One more thing that's really important: when you attend your hearing, stick to the FACTS and avoid emotional arguments or badmouthing your employer. The judge only cares about whether you followed the attendance policy, not whether your boss was unfair in other ways. Be professional, concise, and focus on the evidence that proves you called in sick according to policy. I've seen people lose winnable cases because they went off on tangents about other workplace issues.

After your appeal is filed, make sure you keep filing your weekly claims every week while waiting for the decision! Too many people stop filing during appeals and then if they win, they don't get paid for those weeks. Even if they're denied each week, keep filing!

Just be prepared for this to potentially take MONTHS to resolve. The appeals backlog at OAH is ridiculous right now. Make sure you have a plan for how to stay afloat financially in the meantime. Not trying to be negative, just realistic based on current timeframes I've been seeing.