ESD denied my benefits saying I quit - appealing OAH decision with mental health documentation
So frustrated right now. ESD denied my unemployment claim stating I 'voluntarily quit without good cause' but that's NOT what happened. I worked in manufacturing for almost 2 years and was constantly harassed by a coworker. I reported this to my supervisor AT LEAST 5 times over several months, explaining that it was severely affecting my anxiety and depression (which I had disclosed when hired). Nothing was ever done about it. When I couldn't take it anymore, I asked to transfer back to my previous department. My supervisor tried forcing me into a completely different position instead. I then went to the department head to explain I felt targeted and that this seemed like retaliation. Still nothing was done. I appealed ESD's denial and included a letter from my therapist documenting my mental health conditions and how the workplace environment was worsening them. They STILL denied my appeal! I've filed for an OAH hearing as my last option. My question is - has anyone successfully won an OAH hearing based on mental health issues causing them to leave a job? The company never documented any of our conversations about the harassment, so it's basically my word against theirs. I'm really worried about how to present my case.
21 comments
Fatima Al-Mazrouei
Yes, you definitely can win at OAH with mental health documentation, but presentation is key. I went through something similar last year. Make sure you: 1. Have your therapist attend the hearing if possible (they can call in) 2. Document all the dates you reported the harassment (even approximates help) 3. Bring any texts/emails showing you reported the issues 4. Practice explaining how your mental health condition meets the 'good cause' standard (this is crucial) The judge will be looking for evidence that you took reasonable steps to preserve your employment before quitting. Emphasize that you tried to transfer positions as an alternative to quitting entirely.
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Giovanni Gallo
•Thank you! I don't have many texts/emails because most of my reports were in person, but my therapist said she'd be willing to participate. Do you think it would help if I got statements from coworkers who witnessed the harassment? I'm worried about asking them because they still work there.
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Dylan Wright
you didn't actuly quit. they construcively discharged you by making the workplace so toxic you couldn't stay. point that out in your hearing. thats technicaly not quiting its them pushing you out.
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Giovanni Gallo
•I've never heard of 'constructive discharge' - that sounds exactly like what happened! Is this something I need to specifically say during the hearing? Do I need legal terms or just explain it in my own words?
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NebulaKnight
I had an OAH hearing in January after ESD denied my appeal. The whole system is RIGGED against workers!!! My supervisor literally told me to "find another job if you don't like it here" after I reported safety violations, but because I didn't have it in writing, I LOST. They called it a voluntary quit even though I was basically forced out. My advice - get EVERYTHING in writing now. Email your former HR summarizing all the times you reported harassment, when you requested transfers, etc. They probably won't respond but at least you'll have documentation that you tried. The judge at OAH wanted specifics - dates, names, exact words used. It's totally unfair when the company has all the power.
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Giovanni Gallo
•I'm sorry that happened to you. The company definitely had more resources than me - they'll probably have their HR rep and maybe even a lawyer at the hearing. I wonder if it's too late to send that kind of email since I already left... would it look suspicious if I did it now?
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Sofia Ramirez
I won my OAH hearing after being denied twice by ESD! My situation was similar - I left because of anxiety/depression that was being made worse by my toxic workplace. Here's what made the difference for me: 1. I had my doctor write a VERY specific letter explaining how my medical condition (anxiety) made continuing in that specific job impossible 2. I could show I tried reasonable alternatives (like you did by requesting a transfer) 3. I organized a timeline of events showing I didn't just quit on impulse 4. I practiced answering questions about why I didn't just "tough it out" (the judge actually asked me this) Be prepared for the employer to minimize everything. My boss actually claimed he "never knew about my anxiety" even though I had documented FMLA for it! Good luck - OAH judges are generally more fair than the initial ESD reviewers.
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Dmitry Popov
•this is really good advice. always remember the burden of proof is on YOU not the employer during these hearings. its so unfair.
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Giovanni Gallo
•Thank you so much for this detailed response. Did you have a lawyer or did you represent yourself? I'm trying to decide if I should try to find a legal aid attorney or just go it alone. I do have a detailed letter from my therapist already, but I'll ask if she can update it to be even more specific about why continuing in that workplace was harmful.
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Ava Rodriguez
If anyone needs to actually reach ESD before their OAH hearing (I HIGHLY recommend this), I was stuck on hold for days until I found this service called Claimyr. They somehow get you through to an actual ESD agent without the endless hold times. I used it right before my hearing to get clarification on why I was denied initially. Totally worth it. I think their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3
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Giovanni Gallo
•That's really helpful, thanks! I've been trying to reach ESD to get more details about their denial reasoning so I can better prepare for the hearing. I've called like 20 times this week and either get disconnected or told the wait is 3+ hours. I'll check this out.
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Miguel Ortiz
For your OAH hearing, focus specifically on RCW 50.20.050(2)(b)(ii) which covers leaving work due to illness or disability. This statute allows benefits when: 1. Your condition made it necessary for you to quit 2. You informed your employer about the condition 3. You tried reasonable alternatives to quitting (like transfers or accommodations) Since you disclosed your anxiety/depression, requested transfers, and have therapist documentation, you have a strong case under this specific provision. Prepare to address each element precisely. Also important - In an OAH hearing, you speak first, then the employer responds, then you get a final rebuttal. Save something important for that final statement as many judges make up their minds during those closing moments.
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Giovanni Gallo
•Thank you so much for the specific law reference! That helps enormously. I'll make sure to structure my presentation around these three points. I didn't know about the speaking order - that's really valuable to know so I can save something compelling for the end.
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Dmitry Popov
hey i went through almost the EXACT same situation last year!!! was diagnosed with severe anxiety, reported harassment multiple times, nothing happened, ended up having to leave. my first appeal was denied too but i won at the OAH level!! the thing that made the difference was having my doctor actually participate in the hearing. the judge asked her directly if continuing in that job would have worsened my condition and she said yes. that was the turning point. definitely get your therapist to participate!!!
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Giovanni Gallo
•That's so encouraging to hear! My therapist already agreed to participate, so I'll make sure to prep her on the kinds of questions they might ask. Did you have to do anything special to have your doctor participate? Did they call in or submit something in writing beforehand?
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Dmitry Popov
•she just called in during the hearing! the judge will give you instructions before the hearing date about how witnesses can participate. my doctor only had to be on for like 10 minutes. it made ALL the difference trust me.
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Dylan Wright
i kno someone said this already but DEFINITELY mention "constructive discharge" in your hearing. look it up so u can explain it right. its when they make working conditions so bad you have no choice but to quit. thats not a voluntary quit under the law!!
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Fatima Al-Mazrouei
•This is an important point, but be careful with claiming constructive discharge. The legal standard is quite high - you need to show the conditions were so intolerable that a reasonable person would feel compelled to resign. For mental health cases, the RCW 50.20.050(2)(b)(ii) provision about health conditions making it necessary to leave work is often easier to prove than constructive discharge.
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NebulaKnight
Does anyone know if the OAH hearings are still all by phone because of COVID or are they doing in-person again? I had mine over the phone last year and felt like it was harder for the judge to connect with my situation. Would've been better in person where they could see how genuinely upset I was about the whole thing.
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Sofia Ramirez
•They're still mostly doing phone hearings but you can request video now too. I had mine by video in February and it worked really well. Just make sure you test your setup beforehand because technical issues can eat into your hearing time. The official OAH notice will have instructions for requesting video instead of phone.
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Giovanni Gallo
•Thanks for this info! I didn't know video was an option. That might be better than just phone since the judge could see my facial expressions when I'm explaining how difficult the situation was.
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