ESD hearing notice arrived 3 years after misconduct denial - still need to attend while employed?

Yes, you should still attend the hearing even if you're currently employed. Here's why: 1. If the hearing rules in your favor, you could be entitled to back benefits for the period between when you were denied and when you found new employment 2. If you don't show up, ESD could make a default ruling against you which might affect future claims if you ever need to apply again 3. The misconduct finding remains on your ESD record unless overturned, which could impact future claims It's extremely unusual for a hearing to be scheduled this late (3 years is ridiculous!), but OAH has been having serious backlogs since the pandemic. I'd recommend gathering any documentation you have from that time period - emails about the warning, performance reviews, anything that shows the alleged violation was addressed previously with just a warning.

I had almost the EXACT same situation happen last year! Got fired in 2022, denied benefits, requested hearing, found work, then got a hearing notice 2+ years later. I totally ignored it because I thought it didn't matter anymore. BIG MISTAKE! ESD put an overpayment on my account for the one week I did get paid before the denial and now I owe them $825 plus interest that's been growing for years. They can garnish future tax refunds too. Definitely attend your hearing!

I'm confused... how did they deny you for a policy violation that was already addressed with just a warning? Sounds like your employer was being shady. If you have documentation showing you were only given a warning for whatever this was, that could really help your case. Companies try to deny unemployment all the time with bogus misconduct claims because it affects their UI tax rates.

Dealing with ESD is a nightmare. Been there. You can try calling them to get this sorted out rather than waiting for the hearing, but good luck getting through. Their phone system is designed to keep people out. I literally called 53 times one day and never got through. I eventually used Claimyr (claimyr.com) to get past the phone system and reach an actual agent. They have a short video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Saved me days of frustration. The agent might be able to tell you if you even need to attend the hearing since your situation has changed so much.

This is crazy! I didn't even know ESD hearings could be delayed for 3 YEARS!!! That seems like it should be illegal honestly. What if someone moved, changed phone numbers, or doesn't even check their old email account anymore? The system is completely broken. I bet they're hoping people just don't show up so they can rule against them automatically...

To answer your questions from earlier: 1. There isn't technically a strict statute of limitations on ESD appeals and hearings, though this delay is extremely unusual even for Washington. 2. Yes, hearings are conducted by phone. You'll need to be available at the exact time specified and have any documentation ready to reference. 3. If you win, you would potentially be eligible for benefits from the time of denial until you became employed again, minus any waiting week. 4. The fact that your employer waited 18 months to use a previously addressed issue as grounds for termination is actually a strong point in your favor. The judge will likely want to know why the company waited so long if the issue was serious enough for termination. Definitely attend this hearing. You have a reasonable case, especially if you can document that the issue was previously addressed with just a warning.

One more thing to consider - if you win the hearing and get back payments, make sure you check if there are any issues with your 2023 tax returns. You might need to file an amended return to account for the unemployment income if they end up paying you for those weeks. Just something to keep in mind!