ESD denied my claim for 'insubordination' after firing - employer lying in appeal hearing

Thank you so much for this detailed response! I'm definitely going to write everything down tonight while it's fresh in my memory. I do have excellent performance reviews from before my new supervisor started 3 months ago. One question though - the termination letter mentions 'multiple incidents of inappropriate behavior' but doesn't list ANY specific examples. Should I directly address this vagueness at the hearing or just focus on defending the specific incident they reported to ESD?

This is so disheartening to hear :( I'm already stressed about paying my rent next month. Did you have any documentation or witnesses for your side?

I'm sorry you had that experience, but I'd like to offer a different perspective. I've represented claimants in many ESD appeals, and while the system isn't perfect, judges definitely don't automatically side with employers. In fact, the burden of proof is on the employer to prove misconduct when they contest a claim. The hearing preparation is crucial though. If you go in unprepared or get emotional (which is understandable but counterproductive), it can hurt your case. @OP - absolutely address the vague allegations. Ask the judge to require the employer to provide specific examples with dates and details. If they can't, that strengthens your position significantly.

I had the same problem trying to reach ESD when dealing with my appeal last year. After wasting days getting disconnected, I found this service called Claimyr that got me through to an actual ESD agent in less than 2 hours. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 showing how it works. Totally worth it to actually speak with someone who could explain the appeal process and what evidence I'd need. Having that conversation made a huge difference in how I prepared for my hearing.

I've been trying to call ESD for days with no luck. Thanks for the Claimyr suggestion - I'll definitely check out that video. I really need to talk to someone before my hearing to understand what to expect and how to prepare. At this point I'd do anything to get actual answers from a real person!

I wish I had something that concrete! Unfortunately the conversation was in-person in her office. I do have texts with a coworker where I mentioned being worried about the meeting right before it happened, and another text right after where I told them I'd been suspended. Not sure if that helps prove anything though?

Those texts could actually be useful! They show contemporaneous evidence of your state of mind and that you immediately reported the suspension, which supports your version of events. Bring those to the hearing. Also, look through your work emails - anything showing your regular communication style could help demonstrate you're not the type to be insubordinate.

Good luck with your hearing! I'm not sleeping well either... this whole situation is making my anxiety go through the roof. Please let me know how yours goes!

This is incredibly helpful - thank you! I didn't know about the specific definition of misconduct. I was definitely calm during our meeting and specifically asked for the private conversation to avoid disrupting the team. The meeting only lasted about 10 minutes before she ended it and told me to go home. Should I mention that several other employees have quit since this supervisor started? I don't have written evidence of why they left, but it does support my concern about the workplace environment.

Be cautious about bringing up other employees unless you have direct evidence. The judge may consider it hearsay or irrelevant. However, if you were specifically raising concerns about high turnover during that meeting as part of your workplace feedback, then it's relevant to mention that as context for what you discussed. Focus on your own situation and be very clear about what was actually said in the meeting. The fact that it was brief and she immediately suspended you without warning or prior issues may actually help your case, as it could suggest an overreaction on her part rather than legitimate misconduct on yours.

I'll definitely be at the hearing! No way I'm giving up without trying. That's good advice about sticking to direct answers - I tend to over-explain when I'm nervous so I'll practice keeping my responses clear and to the point. How long did you have to wait between filing your appeal and actually having the hearing? Mine is scheduled for four weeks out and I'm worried about finances while waiting for a decision.

My hearing was about 5 weeks after I filed the appeal. Then it took another 10 days to get the written decision. But here's the good part - when I won, I got all the back payments for the weeks I'd been filing claims during the appeal process. Just keep filing your weekly claims even while you're waiting for the appeal hearing and decision! Also, at the start of the hearing, the judge will ask both sides if there are any witnesses. If any of your former coworkers would be willing to testify about your normal work behavior or the supervisor's management style, that could be helpful. The judge will swear them in just like you.

This is excellent advice. The recording becomes part of the official record, and interrupting can indeed create a negative impression. It's hard to stay calm when hearing false statements, but it's crucial to wait your turn. Another tip: take notes while the employer is speaking so you can address their points when it's your turn. If they make a claim that you know is untrue, write it down with a brief note about why it's incorrect. This helps you respond methodically rather than emotionally.