Employer appealing OAH ruling after not showing up to first hearing - endless ESD appeals cycle?

Unfortunately, yes, there are multiple appeal levels in Washington's unemployment system. First level is the Administrative Law Judge hearing (which you won), second level is Commissioner's Review Office, and the final level would be Superior Court. But there's some good news - since you won the first hearing, you should be eligible to receive benefits while the second appeal is pending. Have you tried contacting your claims center to ask about this? It's called 'benefits pending appeal' and it's specifically for situations like yours.

omg this happned to me last year!!!! they can appeal 2 more times (comissioner and then court) but most employers dont go all the way to court bc it costs them $$$. but yeah its total bs they can just not show up and then appeal anyway. the system is rigged against workers imo

You should definitely be receiving benefits while this second appeal is happening. The law is clear that when an ALJ rules in your favor, you get benefits while any further appeals are pending. Call ESD immediately and reference RCW 50.32.095 - "Benefits during appeal period." Regarding the new evidence - the Commissioner's Review Office shouldn't consider evidence that wasn't presented at the original hearing unless they can show "good cause" for why it wasn't submitted earlier. Make sure to point this out in your response to the appeal filing. You should receive paperwork allowing you to respond to their appeal petition.

This is EXACTLY WHY i tell everyone to document EVERYTHING when dealing with unemployment!!! Save every email, record every call (WA is a two-party state so tell them), take screenshots of your eServices account. The system is designed to wear people down until they give up. DON'T GIVE UP!!

Not trying to be a downer but getting through to ESD on the phone to ask about the benefits pending appeal might be nearly impossible these days. I've been trying for 2 weeks and can't get past the automated system - it just disconnects me when all agents are busy (which is always). Has anyone found a way to actually reach a human there?

To respond to your question about the timeline - Commissioner's Review usually takes 2-3 months for a decision once all documents are submitted. The good part is you don't have another hearing - they just review the record and written arguments. While that's happening, push hard for your benefits pending appeal. Every week that passes is money you're entitled to under the law.

hey did u check ur eservices account lately? sometimes they update stuff there but dont actually mail u anything. might be worth logging in to see if theres any messages or updates about ur payments

I feel like I'm reading my own story! Exact same thing happened to me except my former employer DID show up to the hearing, lost, and then appealed to Commissioner anyway. The most frustrating part was that they submitted "new evidence" that was just emails taken completely out of context. Make sure you write a detailed response pointing out any issues with their new evidence.

One important thing to note - when responding to the employer's Commissioner appeal, focus on two key arguments: 1) They failed to appear at the ALJ hearing without good cause, which should be automatic grounds for dismissal of their appeal, and 2) Any new evidence should be rejected unless they can demonstrate good cause for not presenting it earlier. If their appeal to the Commissioner is successful, you have the right to appeal to Superior Court, but by that point it might be worth consulting with an unemployment attorney, especially with the amount of back benefits at stake.

Make sure to file your weekly claims during this entire process, even while waiting for appeals. I've seen too many people win their appeals but then not get all their back benefits because they stopped filing weekly claims during the appeal period.