Got OAH hearing email after filing ESD appeal - normal process? Hearing timeline?
I just filed an appeal with ESD yesterday because they denied my unemployment claim (said I quit without good cause, but I actually was forced to resign due to unsafe working conditions). Today I got an email saying my case is going to the Office of Administrative Hearings (OAH) and that I'll be scheduled for a hearing. Is this the normal process? I thought maybe ESD would reconsider their decision first before sending it to a hearing. Also, any idea how long it typically takes between filing the appeal and actually having the hearing? I'm getting pretty desperate financially and wondering how long this whole process might drag out. Thanks for any insights!
19 comments
Keisha Johnson
Yeap thats normal. ESD basically just forwards appeals to OAH automatically. They dont really review it themselves first
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Yara Sayegh
•Oh I see, thanks for confirming. I was hoping maybe they'd just fix their mistake without having to go through a whole hearing process.
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Paolo Longo
Yes, this is the standard process. When you file an appeal, your case is automatically forwarded to the Office of Administrative Hearings (OAH), which is a separate state agency that handles appeals for multiple departments, including ESD. As for timeline, OAH is currently scheduling hearings approximately 3-4 weeks out from when they receive the appeal from ESD. You should get a Notice of Hearing in the mail with your specific date and time at least 10 days before the hearing. The notice will include instructions on how to submit evidence and what to expect during the hearing. Make sure you start gathering evidence now to support your case about the unsafe working conditions. You'll want documentation of the conditions, any complaints you filed, communications with management, etc. The burden of proof will be on you since this is considered a voluntary quit situation.
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Yara Sayegh
•Thank you so much for all this information! This is incredibly helpful. I've already started gathering some documentation, including emails I sent to HR about the unsafe conditions and photos of the worksite. I'll make sure I have everything organized before the hearing.
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CosmicCowboy
I had a OAH hearibg back in febuary and it took them FIVE WEEKS to schedule it!!!! Then another 2 weeks after the hearing to get a decision. And guess what? I LOST even tho I had prooof my boss was breaking labor laws!! The judge didnt care AT ALL about my evidence and just sided with my employer. The whole system is RIGGED against workers!!!!
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Amina Diallo
•Did you have a lawyer? These hearings are no joke, you really need representation to win.
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CosmicCowboy
•No I didnt have a lawyer cause I COULDNT AFFORD ONE!!! thats the whole point, if you need unemployment benefits u probably cant afford legal help!!
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Oliver Schulz
I went through this last year. It's definitely normal to go straight to OAH. For me, it took about 3 weeks to get my hearing scheduled, but I've heard it can sometimes take longer depending on their backlog. One piece of advice - make sure you're extremely prepared for the hearing. The judge will expect you to prove that you had no reasonable alternative but to quit. They're looking for evidence that you tried to resolve the unsafe conditions through proper channels before resigning. In my case (which was for a different issue), I practiced what I was going to say beforehand and had all my documents organized chronologically. I won my appeal because I could clearly show the timeline of events and had documentation for everything. Good luck!
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Yara Sayegh
•Thank you for the advice! Did you have a telephone hearing or in-person? I'm not sure which to expect.
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Oliver Schulz
•Mine was a telephone hearing. I think most of them are still being done by phone since COVID. They'll send you instructions for how to call in. Make sure you're in a quiet place with good reception!
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Natasha Orlova
If you're having trouble reaching ESD to ask questions about your appeal or case status, I found a service called Claimyr that helped me get through to an actual ESD agent without waiting for hours. It saved me so much frustration when I was in a similar situation with my appeal last month. Their website is claimyr.com and they have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Basically it holds your place in line and calls you when an agent is available. I was able to get some questions answered about my appeal process that really helped me prepare better.
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Yara Sayegh
•Thanks for the tip! I've been trying to reach someone at ESD to ask some questions about my claim details that might help with my appeal. I'll check out that service.
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Javier Cruz
just wondering wat kind of unsafe conditions were at ur job? im dealing with something similar might have to quit soon
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Yara Sayegh
•In my case, I was working at a warehouse where they weren't following proper safety protocols for heavy machinery. There were multiple near-misses with forklifts because they weren't enforcing traffic patterns, and management refused to address it even after several employees (including me) brought it up multiple times. They also had us handling hazardous materials without proper PPE. I documented everything and reported it to OSHA before quitting.
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Javier Cruz
•thx man thats helpful. my situation is different but sounds like documentation is key
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Paolo Longo
One more important thing about OAH hearings - be sure to attend your hearing no matter what! If you miss it, you'll almost certainly lose your appeal by default. If something comes up and you absolutely can't make it, contact OAH immediately to request a postponement, but know that those are not automatically granted. Also, during the hearing, only speak when the judge asks you questions. Don't interrupt your former employer or the judge. You'll get your chance to present your side. And stick to the facts rather than emotional arguments - the judge is only concerned with whether your situation meets the legal standard for good cause to quit.
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Yara Sayegh
•That's really good advice, thank you. I'll make sure to be professional and stick to the facts. I'm nervous about the hearing but trying to prepare as much as possible.
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Oliver Schulz
I forgot to mention - make sure you continue filing your weekly claims while waiting for your appeal hearing! Even though you're disqualified right now, if you win your appeal, they'll only pay you for weeks that you properly certified. Lots of people make this mistake and miss out on benefits they would have been entitled to after winning their appeal.
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Yara Sayegh
•Oh wow, I didn't realize that! I thought since I was denied I couldn't file weekly claims. I'll make sure to start doing that right away. Thanks for the heads up!
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