ESD unemployment appeal hearing tomorrow - denied for 'insubordination' after schedule change conflict

Make sure you calmly explain that 4 days wasnt enough time to find new childcare. Thats the key. Bring any texts or emails showing when they told you about the schedule change. Also any proof of your childcare arrangement times. Good luck!

I won my appeal in a similar situation last year. Here's what helped me succeed: 1. Be extremely professional during the hearing - no emotional outbursts or blaming language 2. Focus on the "reasonable person" standard - would a reasonable person have quit under these circumstances? 3. Emphasize you were willing to work with them on a transition to a new schedule, but needed adequate time to arrange childcare 4. Bring documentation of your previous schedule (pay stubs, old schedules, etc.) to prove the consistency of your prior arrangement 5. If possible, bring documentation of childcare costs/arrangements to demonstrate why 4 days notice was insufficient 6. Highlight your 3-year history of good attendance and performance The key legal concept is that a substantial, unilateral change to working conditions can constitute good cause to leave employment. 4 days notice for a parent needing to rearrange childcare is typically considered unreasonable. Good luck tomorrow!

my freind had same thing happen got denied first time but won on appeal. just stay calm and dont let them make you get mad thats what they want. the judge person was actually nice to her

THE SYSTEM IS RIGGED!! I had almost the EXACT situation last year and lost my appeal because the admin law judge sided with the employer who LIED about giving "adequate notice" even though I had proof!!! Make sure you record the hearing yourself because they will twist your words!!!! The whole ESD system protects employers not workers!!!

Have you tried calling ESD directly to ask about what to expect during your hearing? I was in the same boat trying to reach someone before my hearing and kept getting disconnected or waiting for hours. Finally I used this service called Claimyr (claimyr.com) that got me connected to an ESD agent within 20 minutes. The agent walked me through the whole appeal process and it really helped me prepare. They have a video demo that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The advice I got from the ESD agent was incredibly helpful for my hearing. Definitely worth trying to speak with someone before tomorrow.

jsut make sure u dress nice even if its on phone they can still tell somehow lol

I'm an employment attorney (though not YOUR attorney, so this isn't formal legal advice). For your unemployment appeal hearing, the legal standard to focus on is whether there was "misconduct" that would disqualify you from benefits. Insubordination can be misconduct, but refusing a schedule change with only 4 days' notice when you have legitimate childcare constraints is generally NOT considered misconduct under Washington unemployment law. Key points for your hearing: 1. Emphasize that you were willing to work with them on a solution but needed reasonable accommodation and time to arrange childcare 2. Note that you had a consistent schedule for 3 years that was suddenly changed 3. Explain specifically WHY 4 days wasn't enough time (childcare contracts, provider availability, etc.) 4. Frame it as an impossible choice, not insubordination Under WAC 192-150-120, a substantial involuntary change to your work agreement can constitute good cause for leaving employment, especially with inadequate notice. Stay calm, stick to facts, and don't get baited into criticizing your former employer.

UPDATE: I had my appeal hearing this morning and I think it went well! I stayed calm and focused on the facts about the schedule change giving me inadequate notice for childcare arrangements. I mentioned WAC 192-150-120 which seemed to impress the judge, and I had all my documentation ready. The judge said I should receive a decision within 2-3 weeks. Thank you all SO MUCH for your advice - it made me much more prepared and confident!