Got ESD unemployment benefits but received hearing notice in mail - skip it?
Hey everyone, kinda confused here. I've been collecting unemployment for about 6 weeks now (regular weekly payments coming through fine) but yesterday I got this official looking letter from ESD saying I have a hearing scheduled for next Thursday. I don't understand why I need a hearing when I'm already getting paid?? The letter mentions something about 'eligibility determination' but doesn't really explain much else. I thought once you start getting benefits you're good to go? Is this hearing actually important or can I just ignore it since I'm already getting paid? I really don't want to waste time on a pointless zoom call if I don't have to.
16 comments
Keisha Brown
DO NOT IGNORE THE HEARING!!! I made that mistake last year and they cut off all my benefits and made me pay back $5,800! The hearing is probably about something specific with your claim - could be your employer challenging it, or some discrepancy they found. Even though you're getting paid now, they can retroactively disqualify you if you don't show up to defend your claim.
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Yara Khalil
•Wait seriously?? They can make me pay everything back? The letter doesn't say anything about my employer challenging it. This is so stressful!
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Paolo Esposito
The hearing is absolutely critical - please attend. This is likely an Office of Administrative Hearings (OAH) proceeding to make a final determination on some aspect of your claim. Sometimes ESD pays benefits conditionally while investigating certain eligibility issues. If you don't attend, the judge will only hear evidence from one side (possibly your former employer) and will likely rule against you by default. Bring any documentation related to your separation from work and be prepared to explain why you qualify for benefits. The hearing notice should list the specific issues being addressed - it's usually in a section called "Issues to be Decided" or something similar.
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Yara Khalil
•Thank you for explaining. I just double-checked and yes, there's a section called "Issues" that mentions something about "separation from work" and "voluntary quit vs. discharge." I didn't quit though - I was laid off. Should I bring my termination letter to the hearing?
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Amina Toure
Yes! Bring your termination letter and any other documentation that proves you were laid off rather than quitting. Your employer might be claiming you quit voluntarily (which would make you ineligible for benefits). This happens ALL THE TIME. Also, before the hearing, carefully read through the evidence packet they should have sent with the hearing notice. It'll contain statements from your employer and any documentation they submitted. This will give you an idea of what you're up against. I went through this exact situation in January when my former boss tried claiming I quit when I was actually laid off. The hearing was stressful but not terrible - just stick to the facts and be honest.
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Oliver Weber
•good advice ^^ also make sure you log in to the hearing at least 15 mins early. my brother was late to his and they started without him, total disaster
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FireflyDreams
If your having trouble getting any questions answered before the hearing, try using Claimyr to get through to an ESD agent. I was in a similar position last month and couldn't get anyone on the phone for days until someone here recommended Claimyr (claimyr.com). They got me connected to an actual ESD rep in about 20 minutes who explained everything about my hearing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent told me exactly what to expect and what documents I needed. Made a huge difference being prepared!
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Natasha Kuznetsova
•does that actually work?? i've literally called ESD 31 times in the past 2 days and either get hung up on or am on hold for hours only to get disconnected
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FireflyDreams
Yep it does work! Saved me hours of frustration. Just be ready with your claim info when you do get connected because you don't want to waste time once you have an agent on the line.
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Javier Morales
omg you can NOT skip this hearing!!!! my roomate did that and they made him repay EVERYTHING and he got a penalty too!!!1!! they said he committed fraud but it was just a mixup with dates. Take it SUPER SERIOUS. Also the judge people can be kinda mean sometimes so dont let them intimidate you
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Yara Khalil
•That's terrifying! I definitely won't skip it now. Really nervous though because I've never done anything like this before. Do I need a lawyer?
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Paolo Esposito
You don't necessarily need a lawyer for an unemployment hearing. Most people represent themselves successfully. Just be organized, bring all your documentation (termination letter, emails about the layoff, final pay stubs), and answer questions truthfully. The judge will guide you through the process. It's less formal than a regular court. Focus on explaining clearly why you were laid off rather than quitting. If your employer doesn't attend (which happens frequently), the hearing will be very short and likely ruled in your favor.
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Yara Khalil
•Thank you so much. I feel a bit better now. I'll gather all my documents and prepare for the hearing. Really appreciate everyone's help!
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Keisha Brown
One more thing - after the hearing you'll get a written decision in the mail. If for some reason it doesn't go your way, you have 30 days to appeal to the Commissioner's Review Office. Don't miss that deadline either! But hopefully with all your documentation proving you were laid off, you'll be fine.
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Natasha Kuznetsova
my cosuins frend had a hearing last month and said they asked about her job search activities too so make sure u got ur job search log updated before the hearing just incase they ask!
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Amina Toure
•That's actually a different type of hearing. The "job search review" is separate from eligibility hearings about separation issues. Based on OP's description, their hearing is specifically about whether they quit or were laid off. But keeping your job search log updated is always good advice regardless!
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