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ESD hearing with OAH judge tomorrow - what to expect at unemployment lawyer meeting?

I'm totally nerve-wracked about my unemployment appeal situation. Meeting with an unemployment lawyer tomorrow to prep for my OAH hearing that's scheduled for Sept 19th (less than 2 weeks away!!). ESD denied my benefits saying I quit without good cause, but I was basically forced to resign after they changed my schedule to something impossible with my childcare situation. I've never been through this process before and don't know what to expect at either the lawyer meeting OR the actual hearing. Anyone been through this process recently? What should I bring to the lawyer appointment? And what happens at these judge hearings? Will I have to testify? The denial letter mentioned something about testimony under oath and I'm terrified of saying the wrong thing.

Sophia Clark

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I went through this last year! First, for your lawyer meeting, bring EVERYTHING related to your case - all ESD correspondence, any emails between you and your employer about the schedule change, resignation letter, text messages, etc. The lawyer needs to see it all to build your case. Your lawyer will probably do a mock hearing to prep you. For the actual OAH hearing, it's formal but not like a courtroom drama. The judge will swear you in, then typically your former employer goes first presenting their side, then you (or your lawyer) present yours. You'll definitely need to testify about the schedule change and why it made continuing employment impossible with your childcare situation. This is considered good cause if you can show: 1) You made reasonable efforts to resolve the conflict before quitting 2) The schedule change was substantial and 3) You had no reasonable alternatives. Having documentation of any attempts to find alternative solutions before resigning will be crucial.

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Ryan Young

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Thank you!! This is super helpful. I do have emails where I asked about accommodations with the new schedule and explained my childcare situation, plus the final conversation where my supervisor basically said "make it work or we'll have to part ways" - will definitely bring all those! I'm still so nervous about the mock hearing part. Did your lawyer coach you on specific things to say/not say?

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BRING EVERYTHING!!!! i mean EVERYTHING!! they denied me becuz i didnt have proof i tried to fix the problem b4 quitting... even tho i DID try!!! but it was all verbal convos. no proof = no benefits in their eyes 😡

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Ryan Young

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Oh no, that's awful! I'm lucky that most of our conversations were over email because my supervisor was remote. But there were definitely some phone calls too that I don't have records of. I'll make notes about those conversations too just in case.

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Madison Allen

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Make sure you can clearly articulate: - Exactly how your schedule changed (days/hours before vs. after) - Why this created an impossible childcare situation - Every attempt you made to resolve it before resigning - Why you had no reasonable alternatives The judge will focus on whether you exhausted all reasonable options before quitting. If the schedule change was truly impossible with your childcare situation, and you tried to resolve it first, that's typically considered good cause under WAC 192-150-120. Also, the hearing is likely by phone unless you specifically requested in-person. Have all your documents organized and numbered so you can reference specific pages when making your case. Your lawyer will help with that.

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Joshua Wood

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this is so true about the reasonable options part!! my cousin just lost his hearing because the judge said he could have asked for temporary schedule accommodation while looking for new childcare. total bs but thats how they think

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Justin Evans

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Has anyone tried using Claimyr to get through to ESD before their hearing? I was having ZERO luck getting through the phone lines to discuss my case details before my hearing last month, kept getting disconnected or waiting for hours. Found this service at claimyr.com that got me connected to an actual ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It helped me understand exactly why I was denied before my hearing so I could prepare better. Might be worth trying if you need to clarify anything with ESD before your hearing date.

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Ryan Young

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Thank you for this! I've been trying to get through to ESD to get clarity on exactly what evidence they're using against me but keep hitting dead ends. I'll check this out - at this point I'd try anything to be better prepared.

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Emily Parker

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good luck!! i had a hearing last month and was sooooo nervous i could barely sleep the night before. but honestly it wasn't as scary as i thought. just stick to facts and don't get emotional even if your employer says stuff that's not true. my hearing was only like 45 minutes.

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Ryan Young

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Thanks for the encouragement! I'm definitely worried about staying calm if they misrepresent what happened. My former manager has a history of twisting things.

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Joshua Wood

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omg im in the EXACT same boat!! my hearing is next week also childcare issues!! please come back and update us on what the lawyer says tomorrow!!

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Ryan Young

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Will do! Solidarity - this whole situation is so stressful. Childcare is such a nightmare right now with costs and availability. I feel like the ESD people don't understand the reality of trying to find affordable childcare on short notice.

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Ezra Collins

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When I had my unemployment hearing last year, my lawyer did a full practice run with me the day before. We went through all the likely questions and practiced my answers. This was INCREDIBLY helpful. The actual hearing felt much easier because I was prepared for most questions. For the hearing itself, remember these key points: 1. Answer ONLY what is asked - don't volunteer extra information 2. If you don't know an answer, say "I don't recall" rather than guessing 3. Stick to facts and avoid emotional statements 4. Have specific dates and details ready (schedule changes, conversations about childcare needs, etc.) 5. Be ready to explain why childcare alternatives weren't reasonable (cost, availability, etc.) I won my appeal because I could demonstrate that I had no reasonable alternatives. Good luck!

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Ryan Young

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This is great advice, thank you! I think I tend to over-explain when I'm nervous so I'll really focus on keeping my answers concise and factual. Did your employer participate in your hearing? I'm worried about what mine might say.

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Ezra Collins

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Yes, my former employer participated and actually had their HR director and my supervisor both on the call. They tried claiming I had other options, but I had documentation showing I explored all reasonable alternatives. One thing I forgot to mention - if your employer says something that's factually wrong, write it down but wait for your turn to address it. Don't interrupt or react visibly. The judge gave me a chance to respond to their claims during my portion of the hearing. Also, don't be surprised if the employer exaggerates or misrepresents things. Mine claimed they offered alternatives they never actually did. Having email documentation saved me.

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Madison Allen

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For your lawyer meeting tomorrow, prepare a chronological timeline of events with specific dates. This will be invaluable for both your lawyer and eventually the judge. Include: - Your original work schedule - Date of notification about schedule change - Details of the new schedule requirements - Dates and descriptions of all attempts to resolve the issue - Your childcare arrangements and why the new schedule made them impossible - The final conversation/email that led to your resignation - The date you resigned and your last day worked The more organized you are, the more effectively your lawyer can prepare your case. For the actual hearing, your lawyer will likely handle most of the talking, but you'll need to testify about specific facts only you know.

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Ryan Young

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This is great - I'll put together a timeline tonight! I've been keeping all the documentation but haven't organized it chronologically yet. One question - should I include stuff about looking for alternative childcare options too? I have emails and waitlist confirmations from several daycares in the area.

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Madison Allen

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Absolutely include your efforts to find alternative childcare! This directly addresses the "reasonable alternatives" question that will be central to your case. Those waitlist confirmations are golden evidence showing you tried to adapt to the new schedule but simply couldn't due to childcare availability issues. Also include any research you did on childcare costs if the available options were financially prohibitive. If the new childcare options would have cost significantly more or required unreasonable commute times, document that too. The more you can show you explored all possible solutions before resigning, the stronger your case will be.

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my hearing was a total disaster cuz i froze up when the judge started asking me questions!!! practice practice practice ur answers!!!

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Ryan Young

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That's my biggest fear! I get really flustered when put on the spot. I'm hoping the lawyer will help me prepare for the types of questions I'll face.

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Sophia Clark

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One more important tip - during your OAH hearing, the judge will ask if you've reviewed the ESD file/evidence. Make sure you and your lawyer request and review the complete ESD file before your hearing! This contains all the evidence ESD used to deny your claim, including any statements from your employer. You have a legal right to see this file before your hearing. If you haven't received it yet, your lawyer should request it immediately. Reviewing it prevents any surprises during the hearing and allows you to prepare responses to any misleading information. If you win your appeal, you'll likely receive all back benefits in one lump sum, so hang in there!

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Ryan Young

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Thank you for this! I don't think I've seen the complete file - only got the determination letter explaining I was denied. I'll definitely ask the lawyer about getting the full file tomorrow. Really appreciate all this help!

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