Employer falsely claimed I quit - ESD denied benefits - appeal hearing next week!

I went through this exact situation last year. First, don't panic. This happens more often than you'd think. For your hearing, make sure you have ALL documentation related to your separation - emails, texts, performance reviews, layoff notice, etc. The burden of proof is actually on your employer, not you, but evidence helps. \n\nDuring the hearing, stick to facts and timeline. Avoid emotional statements. The judge will ask both sides questions, so answer truthfully but concisely. The text messages and final check notation are actually strong evidence in your favor. \n\nIf you have any coworkers who were laid off at the same time, see if they'll provide a written statement - that helped in my case. Good luck!

Thank you for this detailed response! That makes me feel a bit better. Did you prepare any kind of opening statement? The paperwork says I'll have a chance to explain my side first. And how long did your hearing take? Mine is scheduled for 45 minutes but I'm not sure if that's standard.

BEEN THERE. These companies will say ANYTHING to avoid the hit on their unemployment insurance rates. My boss claimed I quit after they cut my hours to almost nothing (constructive dismissal but whatever). Make sure to PRINT EVERYTHING and have it organized chronologically. The judge in my case actually seemed annoyed with my employer for wasting everyone's time with obvious lies.

That's exactly what happened to me! My employer first reduced my hours from 40 to 15 per week, then when I filed for partial unemployment, suddenly claimed I had

I successfully won my appeal in a similar situation last March. Here's what I recommend:\n\n1. Prepare a clear, chronological timeline of events leading to your separation\n2. Print multiple copies of ALL evidence (the judge and employer will need copies)\n3. If your hearing is via phone/Zoom, email your evidence to OAH beforehand\n4. Practice explaining what happened concisely without emotional language\n5. Be ready to explain any contradictions in your employer's statements\n\nYour text messages showing they acknowledged it was a layoff will be very valuable. Also, the \

This is incredibly helpful, thank you! I'm going to create that timeline tonight. One question - my hearing notice says it's by phone. Should I ask if I can do video instead so they can see my documents more easily? Or should I just email everything in advance like you suggested?

my boss did the same thing to me said i quit when they fired me but i didnt have any proof so i lost my appeal be sure to bring everything you can find good luck

I'm sorry that happened to you. That's exactly what I'm afraid of. I've been digging through all my emails and texts to find anything that proves it was their decision not mine.

I went through this nightmare last month! ESD initially denied me because my employer claimed I abandoned my job when I was actually told not to come back after requesting time off for a medical issue. The appeal process was stressful but I eventually won.\n\nOne tip nobody mentioned yet - during the hearing, the employer has to prove you quit. They can't just say it, they need documentation. If they don't have a resignation letter or recorded conversation of you quitting, they're going to have a hard time.\n\nAlso, I spent DAYS trying to reach someone at ESD to discuss my case before the hearing but kept getting disconnected or waiting on hold forever. I finally used a service called Claimyr (claimyr.com) that got me through 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\n\nThe agent was able to note some things in my file that ended up being helpful during the hearing. Definitely worth it for peace of mind before such an important hearing.

Did that Claimyr thing actually work? I've been trying to get through to ESD for weeks about a separate issue and keep getting disconnected after waiting for hours. It sounds too good to be true honestly.

Yes, it worked for me! I was skeptical too because I'd already wasted so many hours trying to get through on my own. They don't guarantee you'll get the answer you want, but they do guarantee you'll get through to an actual person who can help.

I represented several employees in these hearings when I worked in HR (I was always honest about separations). Make sure you understand the difference between being fired, laid off, and quitting. In Washington state, even if you're laid off but refuse suitable alternative work, it can be classified as quitting. Did they offer you any alternative position before the layoff? That might be their argument.

That's interesting - they didn't offer me any alternative position. They just called me into a meeting, said my position was being eliminated due to budget cuts, and gave me a separation packet. Does that strengthen my case?

Yes, that definitely strengthens your case! If they didn't offer alternative work and explicitly told you your position was eliminated, that's a clear layoff situation. Make sure to state this clearly in the hearing - that you were told your position was eliminated and no alternative work was offered. The judge will recognize this as a standard reduction in force situation.

I had my appeal hearing last year for a similar situation but honestly the whole system is rigged against workers my manager straight up lied during the heraing said i was a no show for 3 days when i had text proof i was approved for those days off judge didnt even care still ruled against me

I'm sorry you had that experience, but I'd just like to reassure OP that this isn't typical. The OAH judges are generally very fair and follow the evidence. If you have documentation like text messages proving you were laid off, and your final check shows \

One more thing I forgot to mention - after your hearing, the judge won't make a decision right away. You'll receive their written decision by mail within 2-3 weeks. If you win, benefits are usually processed within a week after the decision and include all back payments from when you first filed. If you lose, you have another appeal option to the Commissioner's Review Office, though that's much more complicated. But focus on winning this hearing first!

I really appreciate all this information. The waiting for a decision part is going to be tough, but at least I'll be prepared for it now. I'll update this thread after my hearing to let everyone know how it went!