ESD hearing nightmare - employer got extension after missing evidence deadline

that sucks man. the whole system is against us regular people. my cousin had something similar happen last year and they kept giving his old boss more time to make up lies. took him like 3 months to finally get his benefits. ridiculous!!

3 MONTHS?? I can't wait that long! Did your cousin do anything specific to speed things up?

Unfortunately, I've seen this happen before. The OAH judges have discretion to grant reasonable extensions to either party if they believe it's necessary for a fair hearing. It's frustrating but technically within their authority. Did you receive the official Notice of Hearing Continuance with the new hearing date? That document should explain the specific reason for the extension.\n\nOne thing that might help - if the employer fails to submit evidence by this new deadline, make sure to object to any attempt to introduce late evidence during the new hearing. The judge should enforce the deadline the second time around.

Yes, I got the continuance notice in my eServices account. It just said something vague about \

I went through almost the exact same thing but my former employer got THREE extensions!!! Each time they claimed they were \

That's smart about the documentation. I'm going to start keeping better records of all this. Did you end up winning your case? I'm worried they're just buying time to build a stronger case against me.

This is a really common frustration with the appeal process. The OAH is technically separate from ESD, and they tend to give both sides reasonable accommodations when requested. Unfortunately, employers often have more resources and know how to work the system.\n\nHave you tried calling ESD directly to ask about hardship assistance while your appeal is pending? Sometimes they can expedite things if you're facing eviction or utility shutoffs. The problem is actually reaching someone at ESD - their phone lines are always jammed.

I've tried calling ESD at least 15 times in the past week. Either I get the \

After trying to get through to ESD for weeks about my appeal, I finally tried this service called Claimyr (claimyr.com) that connected me with an ESD agent in under 15 minutes. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - it was honestly worth it because I was able to explain my hardship situation and get my case flagged for expedited review. Might be worth a shot if you keep getting nowhere with the regular phone lines.

does that actually work? i thought those services were scams

It worked for me - got through to an actual ESD agent who could see my file and everything. They don't handle the claim themselves, they just get you past the phone system nightmare.

I'll check it out - at this point I'm desperate enough to try anything that might help me actually talk to a human at ESD.

As someone who's been through the appeals process twice, I want to offer a bit of perspective that might help. The OAH judges are generally fair, but they're extremely procedural. They will almost always grant a first extension request to either party (claimant or employer) as a matter of course to avoid any appearance of bias.\n\nHowever, in my experience, this can sometimes work in your favor. When employers ask for extensions to gather evidence, they often struggle to find solid documentation to support their position. Many times, they're hoping you'll just give up while waiting. The fact that they needed more time suggests their case might not be as strong as they initially thought.\n\nMy advice:\n1. Use this extra time to strengthen YOUR case\n2. Prepare a clear timeline of events to present at the hearing\n3. Write out your key points so you don't forget anything\n4. Practice explaining your situation concisely\n5. If they miss this new deadline, be prepared to firmly but politely request immediate judgment\n\nHang in there. The system IS frustrating but not completely broken.

Thank you, this is really helpful advice. I hadn't thought about using this time to better prepare my own case. I was just angry about the delay. I'm going to take your suggestions and use this time to get better organized. Really appreciate the insights from someone who's been through this process multiple times.

i know exactly how u feel!!!! my hearing got delayed THREE TIMES last year and i was bout to lose my apartment. whole system is rigged for employers who can afford lawyers while we struggle!! one thing tho - did u submit all ur evidence already? if not, use this extra time to gather EVERYTHING u can think of. emails, texts, performance reviews, witnesses, everything!!! dont let them win by giving up

I did submit everything I had initially, but there are a couple former coworkers who might be willing to provide statements that I didn't think to ask before. I'll definitely reach out to them during this extension period. Thanks for the encouragement - it helps knowing I'm not alone in this fight!

One thing to keep in mind - if your case involves misconduct allegations, the burden of proof is on the employer. If they're struggling to gather evidence (which seems likely given the extension request), that works in your favor. The judge will need to see clear evidence that you violated a known policy that was consistently enforced. Without solid documentation from the employer, they may not be able to sustain their burden of proof.\n\nIt's worth checking if you qualify for any emergency assistance programs while waiting. WorkSource offices can sometimes connect you with resources, and many counties have emergency rental assistance that doesn't depend on your ESD claim status.

Yes, they're claiming misconduct, but it was really just a personality conflict with a new manager. I've been documenting inconsistencies in how policies were applied. I'll look into those emergency assistance programs too - didn't know WorkSource could help with that. Thank you!

The same thing happened to my brother-in-law last year. His old company kept getting extensions for \

That's a great idea! I didn't know you could file a complaint about the delays. Do you know if he sent it through eServices or was it a separate process?

He sent an actual letter through certified mail to the OAH office in Olympia, and also faxed a copy. Made it very formal and specifically mentioned financial hardship with documentation (eviction notice). The regular appeals process people won't tell you about this option, but it exists!