Employer filed appeal AFTER ESD approved my UI benefits - what happens now?

I went through this exact situation last year. Your benefits should continue while the appeal is pending - that's standard procedure. Make sure you keep filing your weekly claims during this time! For the hearing, you'll want to gather any evidence that shows you were laid off due to restructuring rather than fired for misconduct. Things like: company-wide emails about restructuring, your termination letter if it mentions position elimination, performance reviews showing good standing, etc. The burden of proof is on the employer since they're claiming misconduct. Be prepared to explain your side clearly during the hearing and answer the judge's questions directly. I found the ALJ to be very fair in my case.

i had somethng similar happen but my employer said i quit when i was fired lol. the judge sided with me becuz my boss couldnt proove anything. dont stress 2 much about it, just tell the truth and u will be fine

Your employer is trying to avoid their unemployment insurance rates going up by claiming misconduct after the fact. This is fairly common but frustrating. To add to the good advice above: 1. DOCUMENT EVERYTHING. Write down a detailed timeline of events leading to your termination while it's fresh in your mind. 2. During the hearing, stick to facts and avoid emotional statements about the employer. Judges respond better to clear, factual testimony. 3. If they're claiming specific misconduct, be prepared to address it directly. 4. You have the right to present witnesses - if any former colleagues can testify about the restructuring, that could help. 5. Make sure to call in or log in to the hearing 15 minutes early. Missing the hearing will likely result in a default judgment against you.

THE SYSTEM IS RIGGED AGAINST US!! I dealt with this garbage last year when my employer LIED about why they fired me. I had to wait 5 WEEKS for my hearing while struggling to make ends meet. Then they had their fancy lawyer and I was on my own! Such a joke! Make sure you record EVERYTHING during the hearing (Washington is a two-party consent state but the ALJ announces recording at the beginning which counts as consent). If the judge seems biased, don't be afraid to appeal their decision too. The higher review board sometimes overturns bad decisions.

I'm going through something similar right now. Been waiting 3 weeks to get my hearing scheduled. If you're having trouble getting updates on your case, I found a service called Claimyr that helps you get through to an actual ESD agent on the phone instead of waiting on hold forever. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I was able to get specific information about my appeal timeline that wasn't showing up in my online portal. Just thought I'd share since getting actual updates from ESD can be so frustrating.

Quick tip: print out the RCW 50.04.294 section that defines misconduct for unemployment purposes. It's very specific, and many employer claims don't actually meet the legal standard. Bring this to your hearing and reference it if needed. Judges appreciate when claimants understand the relevant law. Also, ESD initially siding with you is actually pretty significant. They've already reviewed the case once and found in your favor due to employer non-response. The employer now has an uphill battle to overturn that determination.

Has anyone gotten their benefits stopped during an appeal? I'm hearing different things about this. My cousin said her payments stopped as soon as her employer appealed but other people are saying they continue?

my employer did the same thing last yr saying i was always late but they didnt have any proof lolol. make sure u attend the hearing!! my friend missed hers and automatically lost even though she was in the right

One more important thing: after the hearing, the judge won't immediately tell you their decision. You'll receive a written decision in the mail about 1-2 weeks later. Continue filing your weekly claims during this time as well. If the decision goes against you and you've been receiving benefits, you may face an overpayment situation. However, you can appeal that decision too and even request a waiver of overpayment if repayment would cause financial hardship. Based on what you've described though (position elimination during restructuring), you have a strong case as long as you present it clearly.

Also, WATCH OUT for the fact that employers often bring up TOTALLY NEW ALLEGATIONS during the hearing that weren't in their original appeal!!! My employer suddenly claimed I had been warned multiple times when that NEVER HAPPENED. Be prepared for them to make stuff up on the spot!