ESD denied unemployment after forced resignation - help with appeal hearing this week

I went through almost this exact situation last year. The key is to focus on the initial conversation - the fact that his supervisor said they were "letting him go" BEFORE he offered to give notice. That's constructive dismissal, not a voluntary quit. Make sure your husband clearly explains the sequence of events during the hearing. Also, prepare a written timeline of everything that happened. Include dates, times, names of who was present during conversations. Even without documents, a detailed timeline makes your case stronger. The judge will ask questions about specific details, so having this prepared keeps your husband from getting flustered. One more thing - unemployment judges understand that employers sometimes try to avoid UI claims by pressuring employees to "quit." Make sure your husband states clearly that he had no intention of leaving until the supervisor initiated the separation.

OMG my brothers company did the EXACT same thing to him!! They told him they "no longer needed his services" and when he offered to give notice they just said "dont bother coming back tomorrow" then fought his unemployment saying he quit!!! The system is such a joke sometimes i swear

Focus on these points during the appeal hearing: 1) Emphasize that your husband had no intention of leaving his job 2) The employer initiated the separation by stating they were "letting him go" 3) The offer to give notice was only made AFTER being told he was being let go 4) The employer immediately relieved him of duties, confirming their intent to end employment 5) His 6-year work history without disciplinary issues shows he was a valued employee with no reason to quit In unemployment appeals, the burden of proof is on the employer to show a voluntary quit. Your husband should clearly testify that the sequence of events shows he did not initiate the separation. The judge will consider whether a reasonable person would have felt they had no choice but to leave - that's the standard for constructive dismissal. Also, yes, definitely mention that he found work in December. This actually helps your case by showing he actively sought employment rather than trying to collect benefits indefinitely.

I spent 2 hours on hold with ESD trying to get clarification on my own appeal last month before giving up. If you need to actually speak to someone at ESD before your hearing, try using Claimyr.com. My friend told me about it after I complained about never getting through. It held my place in line and called me when an agent was available. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It might be worth checking with an ESD agent about what specific evidence they need from you for this type of case. Sometimes they can give you tips about what the judge will be looking for.

ive ben threw this before. the key is to show who started the conversatin about leeving. if they said "were letting you go" first then its NOT a quit!!! make sure your husband is VERY clear about who said what first. also bring up his 6 years there why would someone quit after 6 years with no other job lined up? dosent make sense and the judge will see that

One thing nobody's mentioned - did he receive any severance or final payouts? If they gave him any kind of severance or paid out vacation time, that strengthens the case that it was their decision to end employment, not his. Bring documentation of any final payments if you have them.

Another important tip: During the hearing, stick to the facts and timeline. Don't get emotional or make accusations about the employer. Just calmly explain what happened in chronological order. If the employer says something that's not true, wait for your turn to speak, then simply say, "That's not accurate" and explain what actually happened. Also, if the coworker can testify that your husband told them about being let go immediately after it happened, that could be helpful. It's called "contemporaneous evidence" - basically showing that your husband's story has been consistent from day one.

Does anyone know how long these appeal hearings usually last? My friend just went through one and said it was only like 20 minutes, seems way too short to explain everything!

I work in HR (different state) and from the employer perspective, this sounds like a badly handled termination that they're now trying to classify as a quit to avoid the UI claim. That's actually against the rules. If they initiated the separation convo by saying "we're letting you go" then it's THEIR decision regardless of whether your husband offered to give notice afterward. One question - did they give any reason for letting him go? If it was something like "position elimination" or "restructuring" that would further support your case that it wasn't a quit.