Fighting ESD disqualification when employer falsely claims I quit - no witnesses

I went through something very similar last year. My employer claimed I abandoned my job when actually they reduced my hours to almost nothing (constructive dismissal). For your appeal, gather any evidence that shows you were working normally right up until termination - final paystubs, communications about your schedule, anything showing you were a good employee in good standing. Also, prepare a clear timeline of events leading to your termination. During my hearing, I was able to explain inconsistencies in my employer's story that helped my case. The judge asked why I would quit without having another job lined up and without collecting my final paycheck immediately. Think about logical arguments that show quitting wouldn't make sense in your situation. I ultimately won my appeal because my employer's story had holes and didn't make logical sense. Be calm, stick to facts, and highlight any inconsistencies in your employer's claims. Good luck!

same thing hapnd to me!! my boss said i quit but i got FIRED for being late 2 times. esdid not beleve me at first but i won in the end. just tell the truth man thats all u can do

I handle UI cases as part of my job. This is actually a common situation. Without witnesses or documentation, the Administrative Law Judge will assess credibility based on detailed testimony and consistency. Here's what you should do to prepare: 1. Create a detailed timeline of events with specific dates 2. Gather ANY indirect evidence: texts to friends/family about being laid off, job search records immediately after separation, financial actions that would indicate you weren't planning to quit 3. Be prepared to explain why your employer would misrepresent your separation 4. Make sure your testimony is extremely consistent - even small contradictions can damage credibility 5. If you had performance reviews or anything showing you were in good standing, bring those In these "he said/she said" cases, the ALJ often looks for whose story makes more logical sense. If you can show it would have been illogical for you to quit (no other job lined up, good performance, etc.), that helps your case significantly.

Good luck with your appeal! I had my hearing last week for a different issue. Just remember to stay calm and answer only what they ask you. My hearing took almost 2 hours!

I've been through several OAH hearings and won most of them. One thing that really helped me was getting a copy of my employer's response to ESD before the hearing. You have the right to see all evidence that will be presented. Call the Office of Administrative Hearings and request your complete case file. This way you'll know exactly what your employer is claiming and can prepare to counter it. Also, if you had regular work hours that suddenly stopped, bring pay stubs showing your consistent schedule up until termination. If your employer reduced your hours before claiming you quit, that could actually help your case as it shows a pattern. One more tip: If you filed for unemployment immediately after separation, that supports your claim you didn't quit. People who voluntarily leave jobs typically don't file right away because they know they'll be disqualified. Emphasize this timeline at your hearing. Remember that the burden of proof in a voluntary quit case is actually on the employer, not you. They need to prove you quit - you don't have to prove you didn't, technically speaking.

I tried reaching ESD for weeks when I had a similar issue (they said I quit but I was actually laid off). Finally used a service called Claimyr to get through to a real person at ESD. Saved me hours of frustration - just check out claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once I actually talked to an ESD agent, they helped me understand exactly what documentation would help my case. Way better than guessing or stressing about it on my own.

Don't get your hopes up. The appeal system is RIGGED against workers. I had the EXACT same situation - employer lied and said I quit when they fired me. I appealed and lost because the judge automatically believed the employer even though they had NO PROOF I quit!! I would recommend getting a lawyer if you can afford one, otherwise you're just wasting your time with these kangaroo courts.

i had this happen to me once back in 2023. my boss said i quit but i was actually laid off when they closed our location. i won my appeal because i had a copy of the store closure announcement email. do you have anything like emails or texts that might back up your story?

Following up on my earlier comment - those texts you mentioned to your coworker about being surprised by the layoff could be very valuable evidence. Contemporaneous communications (made at the time of the event, before you knew there would be a dispute) are given significant weight by many judges. Also, definitely mention the unfinished project. The fact that you were actively engaged in ongoing work supports your position that separation wasn't planned on your part. One more thing to consider: if your employer is claiming you quit, they should be able to explain the process of your resignation. Ask questions like: - Who did I submit my resignation to? - Was it verbal or written? - What reason did I allegedly give? - What was the notice period I allegedly gave? Often employers who fabricate a quit scenario haven't thought through these details, and inconsistencies in their answers can help your case.

hey did u do ur weekly claims even tho ur appealing? my friend didnt and lost all his backpay when he won his appeal