ESD hearing tomorrow - ex-boss lying about my UI eligibility - need urgent advice!

I went through an OAH hearing last year when my former employer falsely claimed I was fired for misconduct. Here's what helped me win: 1. Organize your evidence chronologically and have it in front of you during the call 2. Write down bullet points of key facts you need to mention 3. Speak clearly and stick to facts - avoid emotional statements 4. When your employer makes claims, write them down and address each one specifically when it's your turn 5. If the judge asks you a direct question, answer only that question (don't ramble) The fact that you have written documentation is EXTREMELY helpful. The judges are used to employers lying to avoid UI claims - they see it constantly. Make sure to submit all your evidence according to the instructions before the hearing if you haven't already.

OMG this EXACT thing happened to me!! My boss told ESD i was fired for stealing when i actually got laid off with 5 other people!!! The ESD judge was actually pretty nice but the hearing was SO STRESSFUL. My old boss kept interrupting me and making up new lies!!! Make sure you write down EVERYTHING you want to say because trust me you'll forget stuff when your nervous. Also don't interrupt anyone even when there lying!!!

I conduct workplace training on employment law, and I can tell you that the burden of proof in these cases is actually on the employer to prove misconduct or voluntary quit. Your documentation sounds solid. One important suggestion: At the beginning of the hearing, request that all witnesses (including your former employer) be sequestered until they testify. This means they can't hear each other's testimony before giving their own. This prevents witnesses from adjusting their stories based on what they hear. Also, prepare a brief closing statement (1-2 minutes) that summarizes your key points. Many people forget this part, but it's your final chance to tie everything together. Feel free to use phrases like "As the evidence shows..." and "The documentation clearly demonstrates...". Be confident but respectful to the judge at all times.

yah expect ur boss to lie A LOT. esd hearing judges r pretty good at spotting BS tho. my boss said a bunch of crazy stuff that made no sense and kept changing his story. judge was like "which is it? u cant have it both ways" lol. I won but took like 3 weeks to get the decision. just dont lose ur cool when they lie!!

I tried for WEEKS to get through to ESD before my hearing to ask questions and it was impossible. Then I found Claimyr.com which got me connected to an actual ESD agent in about 15 minutes when I'd been trying for days! They have a demo video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent was able to tell me exactly what documentation I needed for my hearing and how to submit it properly. Totally worth it since I ended up winning my case. Just sharing since your hearing is tomorrow and you might have last-minute questions.

It's definitely legit - they just hold your place in line so you don't have to keep calling all day. I was desperate after trying for 3 days straight to get through. The ESD phone system is completely broken.

To answer your question about submitting evidence - technically you're supposed to submit it at least 3 business days before the hearing, but judges often allow late evidence if there's a good reason. I would email everything you have RIGHT NOW to the address in your hearing notice and bring copies to reference during the call. Explain that you misunderstood the instructions and thought "have it available" meant just for yourself. Regarding decision timeframes - my decision came in 5 business days, but I've heard it can take 2-4 weeks if the case is complicated or if they're backlogged.

Just went through this last month! One tip nobody mentioned: when the judge asks if you have questions for your employer's witnesses, ABSOLUTELY ASK THEM! I asked my boss "When exactly did you give me the written warning you're claiming I received?" and she couldn't answer because it never happened. Totally discredited her testimony. Don't be afraid to ask questions that highlight inconsistencies in their story.

The whole ESD appeal system is designed to favor employers. I had PERFECT documentation and still lost because the ALJ (Administrative Law Judge) decided my boss was "more credible" despite having zero evidence. The system is rigged, I'm sorry to say. Don't be surprised if you lose even with good evidence. I'm still fighting my case 8 months later. Appealed to Commissioner's Review Office but they rubber-stamp everything.

Update: I just finished my hearing and I think it went well! The judge was super professional and didn't let my ex-boss interrupt me. When she tried claiming I was "insubordinate," the judge asked for specific examples and dates, and she couldn't provide any. He also accepted my last-minute evidence submission. I made sure to ask questions when it was my turn, just like you all suggested. I asked why the reason for my termination changed three times in her statements to ESD, and she got really flustered. The judge noticed that too. Now I just have to wait for the decision. Thank you all SO MUCH for your advice - I felt much more prepared and confident than I would have otherwise. Will update when I get the ruling!