ESD denied my claim in adjudication - will my appeal details be shared with employer I'm trying to get rehired by?

YES they absolutely share EVERYTHING with your employer during appeals!!! I went through this last year when I got denied and appealed. The OAH sent ALL my statements to my old boss who then showed up at the hearing with printouts of what I said about them. It was mortifying. If you're trying to get rehired DO NOT say anything in your appeal that would make them mad.

Why didnt you just apply for FMLA? Most companies have to give you that by law and its job protected for up to 12 weeks. Sounds like you just quit without looking into options. Not trying to be harsh but the ESD decision kinda makes sense from what you said.

I went through an appeal after being denied for a somewhat similar reason. Yes, ESD does provide all documentation to your former employer and they have the right to participate in any hearings. However, from my experience, you can approach this tactfully. When writing your appeal, focus on the FACTS rather than accusations. Instead of saying "they didn't tell me about FMLA" you might say "I was unaware of FMLA options at the time due to the emergency nature of my children's medical situation." Also, emphasize the extraordinary circumstances - 8 months of intensive medical care for children goes beyond what most standard leave policies cover. The key is to not make it about blaming the employer but about clarifying your situation. I'd suggest getting a free consultation with an unemployment lawyer before proceeding. They can give you specific advice for your situation.

Have you tried calling ESD directly to ask about the appeal process and whether your statements would be shared? I've been trying to get through to them for 2 weeks about my own claim issue and it's IMPOSSIBLE. Always busy signals or it hangs up automatically saying "call volume too high" 🤬

To directly answer your question: Yes, your appeal statements/documents are shared with your former employer, and they have the right to participate in any appeal hearing. This is standard procedure for the Office of Administrative Hearings (OAH). However, here's something important to consider: If you're trying to get rehired, an appeal might actually help clarify the situation with your former employer in a structured way. The appeals process isn't necessarily adversarial. It's about determining eligibility based on facts. In your case, there's a specific legal point that might help: Did your employer clearly inform you about your leave options? Employers have certain notification requirements regarding FMLA/PFML. If they failed to provide required notifications, this could potentially strengthen your case without creating animosity. For appeals involving family care issues, make sure to gather all medical documentation showing the necessity and duration of care required. The fact that you needed 8+ months (beyond standard FMLA coverage) is significant. Also, be aware that there's a limited timeframe to file an appeal - typically 30 days from the date of the determination letter.

i had something similar happen and won my appeal even tho my boss fought it! the judge was super understanding about my family situation. don't give up!! 👍

One thing that hasn't been mentioned yet: if you do appeal, make sure you keep filing your weekly claims during the entire appeal process. If you win your appeal but haven't been filing weekly claims, you won't receive benefits for those weeks. This is a common mistake people make during appeals.

THE SYSTEM IS RIGGED!!! Sorry but I've been through the appeals process twice and it's totally set up to favor employers. They don't care about your family emergency, they only care about technicalities and rules. You probably won't win anyway so why risk making your old company mad if you're trying to get hired back?