Finally got ESD appeal hearing scheduled after 3 months - need prep advice!

I went through a hearing last year and can definitely help! Here's what you need to do to prepare: 1. Gather ALL documentation related to your separation - emails, texts, performance reviews, anything showing it was a layoff not a quit 2. Write down a timeline of events with specific dates 3. Practice explaining your side clearly and concisely (they don't like rambling) 4. Have pay stubs/W2s ready to verify wage information 5. Be ready 15 minutes before the scheduled time The hearing is fairly formal but not like a courtroom. The judge will swear you in and ask questions. Your employer will likely have an HR person or even a lawyer present. Stay calm and stick to facts - don't get emotional or argumentative even if your employer says things that aren't true. You'll get a chance to question your employer after they testify. Focus on getting them to admit it was a budget-related layoff, not a voluntary quit.

my hearing was last month and it was WAY less scary than I thought!!!! just be honest and ur good. my boss tried to say I was fired for misconduct but I had proof it wasn't true and I WON!! good luck!!!!

Congrats on getting a hearing date! That's actually FASTER than normal these days. Mine took 4.5 months to schedule back in 2023. The system is completely BROKEN. One thing nobody tells you - record the hearing yourself if you can (check if WA is a two-party consent state first). My employer totally LIED during my hearing and the judge believed them because they sounded more professional. I wish I had proof of the lies. The whole system is rigged against workers!!! Also be prepared for them to reschedule at the last minute. My hearing got pushed back TWICE with less than 24 hours notice. ESD doesn't care about our time at all.

I helped my sister through her appeal hearing in January. The judge will want very specific evidence that you were laid off, not that you quit. "Budget cuts" is a legitimate reason for a layoff, but you need documentation. Do you have: - Written notice of layoff? - Email communications about the reduction in force? - Anything in writing where they call it a "voluntary separation"? - Witnesses who can testify it was a layoff? One key thing: OAH judges are really focused on the exact reason code your employer used when reporting to ESD. If they coded it as a "quit" in the system, you need to prove that was incorrect. The burden of proof is on you since you're appealing. The hearing typically lasts 30-45 minutes. You'll get a written decision by mail within 2-3 weeks.

Congrats on the hearing date! My boss tried the same thing with me, calling my layoff a "mutual agreement to separate" to avoid paying severance. Such BS. One thing I did was create a little outline for myself with bullet points so I wouldn't forget important details when I got nervous. Because I definitely got nervous! The judge was nice though. Oh and my hearing was supposed to be 30 min but went almost an hour because my former employer brought up a bunch of irrelevant stuff. So maybe block off more time just in case?

I've been through the ESD appeal process twice (won both times!) and I can tell you the biggest mistake people make is not using their right to examine their employer during the hearing. When your employer finishes testifying, you can ask them questions! This is your chance to get them to clarify or even contradict what they said. For example, you could ask: - "Can you confirm the company was experiencing budget cuts at the time of my separation?" - "Why was my position eliminated rather than others?" - "If this was truly voluntary, what choice was I given to stay employed?" Also, make sure to get a copy of your employer's response to ESD before the hearing. You have a right to see what they submitted as the reason for denial. Call ESD and ask for your claim file - this is crucial for preparation! By the way, if you're having trouble getting through to ESD to get your claim file, I used a service called Claimyr (claimyr.com) that got me connected to an ESD agent in about 15 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was super helpful for getting my claim documents before my hearing.

I used Claimyr last month when I needed to talk to ESD urgently about my identity verification issues. It worked pretty well - I was connected to an agent in about 10 minutes. Definitely better than the 200+ calls I made trying to get through on my own.

To answer your questions from earlier - my hearing took about 45 minutes total. The judge asked me questions for about 15 minutes, then my employer for about 15 minutes, then I got to ask a few questions, and my employer got to ask me a few questions. I didn't get the decision right away. It came in the mail about 10 days later. I won my case because I was able to prove I was laid off due to a "reduction in force" which qualified me for benefits. One more tip: if there are any witnesses who can back up your version of events (like coworkers who were also laid off at the same time), you can ask them to testify. You just need to notify the OAH beforehand so they can be included in the hearing.

just make sure ur ready early my phone hearing they called 10 mins before the scheduled time and i almost missed it lol

Looking at what you said about your separation letter mentioning both "budget-related workforce reduction" AND "voluntary separation" - that's actually quite common. Employers often try to frame layoffs as voluntary to avoid impacting their unemployment insurance tax rates. This is exactly the type of evidence that can win your case. The judge will likely see through this contradictory language. The fact that you also have emails mentioning "layoffs" is very helpful. One more piece of advice: be very clear that you would have continued working if given the option. Make sure to state that you did not choose to leave and had no reasonable alternative employment options within the company. This is crucial for distinguishing between a quit and a layoff.