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Fatima Al-Qasimi

ESD denied my claim using WRONG employer history - lost OAH hearing - what now?

I'm at my wit's end with this nightmare. ESD denied my unemployment claiming I voluntarily quit, but they're looking at an employer from 2022 that I DID quit - not my most recent employer who laid me off after seasonal work ended this January! I appealed to OAH, had my hearing last month and actually lost because the judge said she could only rule on the determination that ESD made. When I tried explaining they used the wrong employment history, she said she couldn't address that issue. I've sent at least 7 messages through eServices and uploaded my final paystub and layoff notice from my ACTUAL last employer. It's been over 6 months of this back-and-forth with zero progress. I thought eligibility was supposed to be based on your most recent separation? Has anyone dealt with ESD mixing up employment history like this? How do I get them to look at the right employer when messages and appeals aren't working?

Dylan Cooper

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omg the EXACT same thing happened to my boyfriend last summer!! esd kept focusing on some job he quit in 2021 instead of the construction job he got laid off from. took him like 4 months to get it fixed

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Did he eventually get it fixed? How?? I'm desperate at this point.

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Sofia Ramirez

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You're absolutely right that ESD should be basing eligibility on your most recent separation. This is a common issue when you have multiple employers in your base year. What you need to do is file a formal "Redetermination Request" specifically stating that ESD used the wrong separation in their decision. There's a specific form for this on the ESD website under Forms and Publications. Since you've already had an OAH hearing, you'll need to indicate on the form that there was a material error in the facts used for the determination. Include all documentation showing your layoff from the seasonal employer (layoff notice, final paystub, etc).

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Thank you! I didn't know there was a specific redetermination form. Will this work even after I already went through OAH and lost? I'm worried they'll say it's too late to challenge the determination.

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Dmitry Volkov

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I've seen this happen SO many times - the ESD system is completely broken!! They don't even bother reading the documentation you send. They just make random decisions based on whatever employer pops up first in their stupid system. I fought with them for 9 MONTHS over a similar issue before finally getting my benefits. The system is DESIGNED to wear you down until you give up!!

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StarSeeker

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9 months is crazy! did you do anything special to finally get through to them? I'm dealing with a different issue but also can't seem to get anyone at ESD to actually review my documents

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Dmitry Volkov

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The only thing that finally worked was getting through to an actual claims specialist who could look at my full file. But calling was impossible - always disconnected after 3+ hours on hold. I finally used Claimyr (claimyr.com) to get through to a real person at ESD. They have this service that basically waits on hold for you then calls you when an agent is available. Totally worth it! Check out their demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - Once I explained my situation to the claims specialist, they fixed it within a week.

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I'll definitely look into this. At this point I'll try anything. I just need to talk to someone who can actually review my full case history instead of just looking at the computer screen and repeating the same wrong information back to me.

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Ava Martinez

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heyy not to get off topic but i think i might be having a similar issue?? my determination letter mentions a job i had in 2023 but I was actually working at two places simultaneously until March 2025 when i got laid off from both. should i be worried they're only looking at one employer??

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Sofia Ramirez

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Yes, you should address this right away before it becomes a bigger problem. Contact ESD and make sure they're considering both employers in your claim. You may need to provide documentation showing you were laid off from both jobs.

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Miguel Ortiz

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This is a pretty straightforward issue, though frustrating. You need to request what's called a "Redetermination based on Material Facts" - this is different from an appeal. Since your OAH hearing already happened, you should also submit this form: "Petition for Commissioner's Review" which gives you one more chance to have your case reviewed even after an OAH decision. You have 30 days from the OAH decision to file this. Make sure to clearly state: "ESD based determination on separation from Employer X in 2022, but my most recent employer was Employer Y in 2025, from which I was laid off due to lack of work." Then attach your documentation. The key is getting to a claims specialist who can actually review your full work history. Regular agents often can't help with complex issues like this.

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Thank you so much! This is extremely helpful. I'll file both forms immediately. I didn't realize there was still an option after losing at OAH. Fingers crossed I can get someone to actually review my full work history.

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Zainab Omar

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wait the OAH judge couldnt look at ur actual work history?! that seems crazy to me. i thought the whole point of a hearing was to look at ALL the facts??

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Miguel Ortiz

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OAH hearings are actually limited to reviewing whether ESD correctly applied the law to the specific determination being appealed. If ESD made a determination based on the wrong employer, the judge can't switch to reviewing a different separation - they have to rule on the determination as written. It's a technical but important limitation of the appeals process.

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Update: I submitted both the Redetermination Request and the Petition for Commissioner's Review yesterday. I also managed to talk to an actual claims specialist using the Claimyr service someone suggested above (which actually worked!). The specialist could see the problem right away - they had my work history completely mixed up in the system. She said she's flagging my account for urgent review and created a new fact-finding for my most recent employer. I'm cautiously hopeful this might finally get resolved. Will update when I hear more. Thanks for all the advice!

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Sofia Ramirez

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That's great progress! When a claims specialist flags an account for review, it typically gets prioritized. The fact they're doing a new fact-finding for your most recent employer is exactly what needed to happen. Keep checking your eServices account daily for any new information or questionnaires they might add.

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StarSeeker

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Good luck! my cousin had something similar last yr took about 3 weeks after talking to specialist but she did get all her back pay eventually. hang in there!

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Thanks for the encouragement! That gives me hope that I might actually see this resolved and possibly get backpay for all these months.

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