ESD questioning my termination over unclear food discount policy - will I be denied benefits?

You should be ok as long as you didn't knowingly violate a clearly communicated policy. For misconduct denials, ESD generally requires that: 1. The employer had a reasonable policy 2. You knew about the policy 3. You deliberately violated it From what you're saying, point #2 is questionable if the policy wasn't clear. I was in adjudication for something similar (attendance policy that was applied inconsistently) and ultimately got approved because I could show the policy was vague and inconsistently enforced.

omg this happened to my roomate!!!! she worked at a cafe and got fired for taking too many free drinks but nobody ever told her there was a limit!!! she got approved but it took like a month, NOT 24 hours lol

THE SYSTEM IS RIGGED!!!! I went through the EXACT same thing in 2023 when my former employer accused me of taking too much "damaged inventory" home (I worked retail). They conveniently had NO WRITTEN POLICY about it until AFTER they fired me!!! ESD initially denied me and I had to FIGHT for 2 months to get my benefits!!!!! DON'T let them get away with this. If they deny you, FILE AN APPEAL IMMEDIATELY!!!! The appeal judges are way more reasonable than the initial claim processors.

I process unemployment claims for a living (not for ESD, different state). Here's what you need to understand: 1. The 24-hour timeframe they mentioned is likely just for their initial determination, not the full adjudication process. 2. For misconduct cases involving policy violations, the burden of proof is on the employer to demonstrate that: - The policy existed and was reasonable - You were aware of the policy - You willfully violated it - The violation harmed their business interests 3. If the policy was genuinely unclear or inconsistently enforced, that significantly weakens their case. 4. Make sure you clearly articulate that you never received clear guidance on discount limits despite asking, and that other managers used similar discount amounts without consequence. 5. If denied, absolutely appeal - many initial denials get overturned at the appeal level when more thorough evidence is reviewed.

When I got fired from my retail job last year they said I violated their cash register policy but it was all BS. ESD denied me at first because they only had my employer's side. When I called to explain my side nobody ever picked up!! Spent 3 weeks calling every day and either got hung up on or waited 2+ hours only to get disconnected. Finally used Claimyr (claimyr.com) after a friend recommended it. Their service got me through to an actual ESD agent in like 30 minutes! Check out their demo video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent was actually super helpful once I explained my situation and they reversed the denial. Worth it to actually get through instead of spending weeks getting nowhere.

Yeah it worked for me! Basically it just keeps dialing and navigating the phone tree for you until it gets through, then calls you when an agent picks up. Way better than doing it yourself all day.

Something similar happened to my brother-in-law. He was terminated for taking too many breaks but the employee handbook didn't specify maximum break times. They claimed "he should have known" but that's not how policy works! Here's what worked for him: he gathered evidence that other employees took similar breaks without consequence. He also documented every instance where he asked for clarification on break policy. In the end, ESD ruled in his favor because the employer couldn't prove he knowingly violated a clear policy. Do you have any texts, emails, or witnesses who can verify that the discount policy was unclear or that others used similar discount amounts? That kind of evidence really helps your case.

Those texts are gold! Make sure ESD sees them. The vague wording in the handbook about "reasonable discretion" actually works in your favor - it proves there was no specific limit communicated to you. Since they used subjective language like "reasonable," they can't claim you objectively violated a specific rule that didn't exist. To answer your earlier question - yes, ESD typically contacts the employer during adjudication. They'll get statements from both sides before making a determination. If they deny you based solely on the employer's statement, you can appeal and present your evidence at the hearing.

i got denied once and the letter said I had 30 days to appeal so dont totally panic if they say no at first!! the appeals process was actually pretty fair

UPDATE????? Did you hear back yet? The suspense is killing me and it's not even my claim! 😂

That's fantastic news! Congrats on the approval. Just make sure you keep doing your weekly claims and job search activities. Sometimes people get approved but forget to keep filing weekly, and that can cause payment delays.