ESD hearing for gross misconduct next week - anyone won their appeal without a lawyer?

I won my misconduct appeal last year! The key is preparation. Make sure you: 1. Have copies of ALL documentation related to your termination 2. Know exactly what company policy you supposedly violated 3. Be ready to explain step by step what happened with dates and times 4. Bring witness statements if possible 5. Stay calm and stick to facts, don't get emotional Focus on whether your actions meet the legal definition of misconduct (deliberate violation or disregard of employer interests). Many employers claim misconduct but can't actually prove it meets the legal standard.

i lost mine but only cuz i didnt have the right paperwork. make sure u bring EVERYTHING. and dont interrupt the judge when there talking to u.

What's important to understand is that "gross misconduct" has a specific legal definition for ESD purposes. It's not just what your employer decides to call it. For gross misconduct, they need to prove your actions were: - Deliberate or willful - A disregard of your employer's interest - Of significant severity - Connected to your work Many employers label things as gross misconduct but can't actually prove all these elements. Request all evidence they've submitted to ESD about your case before the hearing so you know what you're facing.

Went thru this last summer and the ESD judge was actually super fair. My boss claimed I was fired for "gross misconduct" but it was really just a personality conflict. Judge saw right through it. Just be honest and don't try to exaggerate anything.

Been trying to reach ESD for WEEKS about my misconduct disqualification and cant get through!! Their phone system is ridiculous - it just disconnects me every time! How did you even manage to get a hearing scheduled??

Having represented clients in ESD hearings, I'll mention that self-representation can sometimes be beneficial. Judges often give self-represented claimants more leeway and guidance through the process. Make sure you: 1. Submit your evidence at least 24 hours before the hearing 2. Write out your main points and questions for any witnesses 3. Practice explaining your side concisely - time is limited 4. Review the ESD handbook on appeals (available on their website) 5. Take notes during the employer's testimony so you can address inaccuracies The standard of proof in these cases is "preponderance of evidence" - which just means more likely than not (51%).

For your evidence submission: you'll need to send it to both the OAH (Office of Administrative Hearings) AND your former employer. The hearing notice should have instructions for this. Email is usually accepted but follow their specific instructions. Also, the hearing will likely be by phone in 2025 (most still are). Make sure you're in a quiet place with good reception and have all your documents organized in front of you.

My boss tried to claim I committed misconduct just because I called out sick too many times but I had doctors notes for everything!!! Still lost my first hearing because I didn't know how to present my case properly. WON ON APPEAL though!!! Just make sure you clearly explain how what happened doesn't meet the definition of misconduct.

my cousin had the same thing happen and the judge threw out the employers case cause they didnt have anyone show up who actually witnessed what happened. do u know if ur manager is planning to testify?

whatever u do DONT MISS THE HEARING!! my buddy overslept and got an automatic denial. they r super strict about that stuff!!!