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Anastasia Romanov

ESD disqualified my claim saying I quit - filed appeal today - typical wait time?

My world is crashing down right now. I filed for unemployment on Jan 12th, 2025 after leaving my warehouse supervisor position. By Jan 27th all my claims went into adjudication status, which made me nervous but I kept filing weekly. Then this morning I logged in and EVERY SINGLE claim shows 'disqualified'! My employer is telling ESD I voluntarily quit for 'personal reasons' but that's complete BS. I was basically forced out after they changed my schedule to overnight shifts knowing I have sole custody of my kids and can't work those hours. I told them this repeatedly and they said 'figure it out or we'll have to let you go.' When I couldn't make the new hours work, my manager said 'we accept your resignation' even though I NEVER resigned! I filed an appeal this morning with all the documentation of the schedule changes and our conversations. I'm absolutely terrified about how long this will take. Bills are piling up and I've already burned through most of my savings. Has anyone gone through the appeal process? How long does it typically take before you get a hearing? And what are my chances of winning against their false claim that I quit?

StellarSurfer

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Ugh been there!! My old employer tried the same garbage last year claiming I "abandoned my job" when they cut my hours to basically nothing (constructive dismissal anyone??). I appealed and it took about 6-7 weeks to get a hearing date. The hearing itself was over the phone and actually pretty straightforward - just be super prepared with dates, names, and any evidence you have. Make sure you keep filing your weekly claims even though they show disqualified! If you win your appeal, they'll pay all those weeks retroactively. Good luck!!

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Thank you! 6-7 weeks sounds like forever when the bills are due now 😰 Did you get backpay for all those weeks once you won? And did you have a lawyer or represent yourself?

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Sean Kelly

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same thing hapnd to me!! they said i quit to but actully they cut my hours so bad i couldnt afford gas to get there lol. took like 2 month for me to get a hearing date but then i won and got all my $$$ back from when i first applied

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Zara Malik

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2 months? That's ridiculous! The system is completely broken. They expect people to just not eat or pay rent for 2 months while they take their sweet time. And employers can just LIE with zero consequences! Did you have any income during that waiting period?

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Luca Greco

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This is actually a pretty common situation. What you're describing is called "constructive discharge" - where an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. Changing your schedule to hours they know you cannot work (especially with documented childcare responsibilities) can qualify. The Office of Administrative Hearings (OAH) currently has a backlog, so appeals are taking approximately 6-8 weeks to schedule. Here's what you should do while waiting: 1. Continue filing weekly claims (as others mentioned) 2. Gather all documentation showing your previous schedule, the schedule change notice, and any communication about your childcare situation 3. Get written statements from coworkers who witnessed the situation if possible 4. Prepare a clear timeline of events At the hearing, be very factual. Explain that you never explicitly resigned and that the employer made continuing employment impossible by changing to hours they knew you couldn't work due to childcare responsibilities. This is a strong case if you can document it properly.

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Thank you SO much for this detailed advice! I didn't know this situation had a specific name ("constructive discharge"). I have texts and emails about the schedule change and my childcare situation, but I hadn't thought about getting statements from coworkers - that's brilliant. Most of my team knew what was happening. I'll start working on a timeline right away.

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Nia Thompson

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I went through this last year, and it's incredibly frustrating. My appeal took 8 weeks to get scheduled, but then another 3 weeks after the hearing to get the judge's decision (which thankfully was in my favor). One thing nobody mentioned yet - if you're struggling financially during this wait, you can request an expedited hearing by submitting the "Petition for Expedited Hearing" form to OAH. You'll need to prove financial hardship (like eviction notices, utility shutoff notices, etc.), but it can potentially move your hearing date up by several weeks. Also, contact your mortgage company/landlord and utility providers immediately to explain your situation and ask about hardship programs. Many have options but don't advertise them.

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I had no idea about the expedited hearing option! I'm definitely going to look into that. My landlord has been understanding so far, but my electric company already sent a warning notice. That might qualify for the hardship proof. Thank you for this information!

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After dealing with ESD for months I finally got through to someone by using Claimyr.com. It connected me to an actual ESD agent in about 15 minutes when I'd been trying for WEEKS on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Not gonna lie, it felt kinda ridiculous paying to reach a government agency, but when the agent answered I nearly cried from relief. They actually explained my appeal status and gave me an estimated timeframe based on current backlog. Way better than checking my account 20 times a day hoping for updates.

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Aisha Hussain

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does this actually work?? ive been trying to get someone at esd for 3 weeks and keep getting disconnected!

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Yes it worked for me! The agent I spoke with was actually super helpful and could see notes on my account that weren't visible in the online portal. Definitely worth it if you've been trying unsuccessfully to reach someone.

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Zara Malik

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The ESD appeal system is COMPLETELY BROKEN! I waited TEN WEEKS for my hearing last year, while literally selling furniture to pay rent. Then my former employer didn't even show up to the hearing, and I won by default! TEN WEEKS of stress and financial ruin for NOTHING. The absolute worst part is that employers can just LIE with ZERO consequences. They can claim whatever they want, put you through hell for months, and even when you win, they face NO PENALTIES for making false statements. It's disgusting how the system is rigged against workers.

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That's terrifying. I really can't wait 10 weeks... did you end up getting all your back payments after you won? And did it take long after the hearing to actually receive the money?

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Zara Malik

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Yes, I got all the back payments about 10 days after the decision, which was actually faster than I expected. But those 10 weeks of waiting were still brutal. Definitely look into the expedited hearing that someone mentioned above - I wish I had known about that option.

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not sure about appeals but i got disqualfied in december and just found a new job instead of dealing with esd. too much hassle tbh. goodluck

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I'm definitely job hunting like crazy, but the job market in my field is really tight right now. I need the unemployment to bridge the gap. But I'm glad you found something new - that's ultimately the best solution.

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StellarSurfer

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One thing I forgot to mention in my first comment - prepare for your hearing like it's a job interview. Dress professionally (even for a phone hearing, it puts you in the right mindset), speak clearly and calmly, and stick to FACTS rather than emotions. The judge who handled my case seemed really impressed that I had organized my evidence chronologically in a binder with tabs and could immediately reference specific dates and conversations. Don't interrupt the employer's testimony even when they're lying - just make notes and address each point when it's your turn. One last thing - remember that the hearing is being recorded, so avoid swearing or getting emotional, no matter how frustrating it gets!

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Luca Greco

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This is excellent advice. Administrative Law Judges (ALJs) hear many cases every day, and being organized makes their job easier, which works in your favor. I'd add that you should practice your opening statement beforehand - you usually get 5 minutes to explain your side before questioning begins. Focus on the key facts that show you didn't voluntarily quit but were essentially forced out due to impossible conditions.

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