How to prepare for unemployment hearing - Washington ESD appeal process help needed
I got the notice that my unemployment appeal is going to a hearing next month and I'm completely overwhelmed. Washington ESD denied my claim saying I was fired for misconduct but that's not what happened at all. I was laid off due to budget cuts at my company but they're claiming I had performance issues. The hearing is scheduled for 3 weeks from now and I have no idea how to prepare. What documents should I gather? Do I need a lawyer? Has anyone been through this process before? I really need these benefits and I'm scared I'm going to mess this up.
48 comments


Derek Olson
First thing - don't panic! I went through a hearing last year and won. You'll need to gather all your employment documents: termination letter, any performance reviews, emails about the layoff, witness contact info if you have any. The hearing is usually over the phone and pretty informal. Make sure you have a quiet place to take the call.
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Rachel Tao
•Thank you! I do have the termination letter and it mentions budget cuts. Should I also get my coworkers to testify?
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Derek Olson
•Yes! If your coworkers can confirm the layoffs were due to budget issues, that's huge. Get their contact info to the judge ahead of time.
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Danielle Mays
I had a similar situation. The key is organization. Create a timeline of events leading up to your termination. Print out everything - emails, performance reviews, company announcements about layoffs. The judge will ask specific questions so having everything organized by date really helps.
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Rachel Tao
•That's a great idea about the timeline. I need to go through my old emails tonight.
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Roger Romero
•Also make copies of everything! I learned that the hard way when I couldn't find a document during my hearing.
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Anna Kerber
You don't necessarily need a lawyer for unemployment hearings but it can help if your case is complicated. Most people represent themselves successfully. The judges are used to dealing with regular people, not lawyers, so don't worry about sounding too formal or legal.
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Rachel Tao
•That's reassuring. I was worried I'd sound stupid compared to my employer's lawyer.
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Anna Kerber
•Just tell the truth clearly and stick to the facts. The judge wants to understand what really happened.
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Niko Ramsey
This might sound weird but I used a service called Claimyr to help me get through to Washington ESD when I was preparing for my hearing. I needed to check some details about my claim and couldn't get through on the phone. They have this system where they call for you and get you connected to an actual person. Check out claimyr.com - there's even a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Really helped me get the information I needed before my hearing.
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Rachel Tao
•Interesting, I didn't know services like that existed. I've been trying to call Washington ESD for days with no luck.
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Seraphina Delan
•I've heard of them too. My friend used them when she couldn't get through about her adjudication issues.
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Jabari-Jo
been there done that. washington esd hearings are such a nightmare. make sure you have EVERYTHING documented because they will try to trip you up. my employer lied through their teeth and I had to have proof for every single thing I said.
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Rachel Tao
•Did you win your case? This is so stressful.
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Jabari-Jo
•yeah I won but it took forever. just be ready for them to challenge everything you say
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Roger Romero
Practice what you're going to say! I know it sounds silly but I actually rehearsed my opening statement and key points before my hearing. It helped me stay calm and organized when the judge started asking questions.
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Rachel Tao
•That's actually a really good tip. I get nervous on phone calls anyway.
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Kristin Frank
•Same here! I wrote down bullet points of what I wanted to say and kept them in front of me during the hearing.
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Micah Trail
Make sure you understand the specific reason Washington ESD denied your claim. If they're saying misconduct, you need to prove it wasn't misconduct. If they're saying you quit, you need to prove you didn't quit. Focus your evidence on that specific issue.
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Rachel Tao
•They're saying misconduct but I was clearly laid off. I have the termination letter that says budget cuts.
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Micah Trail
•Perfect! That termination letter is probably your best piece of evidence. Make sure you have multiple copies.
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Nia Watson
I wish I had known about Claimyr when I was dealing with my hearing prep. I spent literally hours trying to get through to Washington ESD to clarify some things about my work search requirements during the claim period. Would have saved me so much frustration.
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Rachel Tao
•Yeah I'm definitely going to check that out. I have questions about my weekly claims too.
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Alberto Souchard
•Claimyr helped me too when I was dealing with an overpayment issue. Way easier than sitting on hold for hours.
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Katherine Shultz
Don't forget about witnesses! If you have coworkers who can testify about the layoffs or your work performance, make sure they're available during the hearing time. The judge will usually let them speak if they have relevant information.
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Rachel Tao
•Two of my former coworkers said they'd be willing to help. Do I need to submit their names ahead of time?
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Katherine Shultz
•Yes, usually you need to provide witness information to the judge at least a few days before the hearing.
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Marcus Marsh
ugh the washington esd hearing process is so intimidating. i remember being terrified before mine. but honestly it wasn't as bad as I thought it would be. the judge was actually pretty fair and patient with my questions
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Rachel Tao
•That makes me feel a little better. I keep imagining it being like a court room.
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Marcus Marsh
•nah its just a phone call usually. way more casual than you think
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Hailey O'Leary
One thing that helped me was understanding the burden of proof. Since your employer is claiming misconduct, THEY have to prove it happened, not you proving it didn't happen. Your job is to show their evidence is wrong or incomplete.
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Rachel Tao
•Oh wow, I didn't know that. So they have to prove I did something wrong?
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Hailey O'Leary
•Exactly! Misconduct has a very specific legal definition in unemployment law. They can't just say you were a bad employee.
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Cedric Chung
Make sure you know the law! Look up Washington state's definition of misconduct for unemployment purposes. It's not the same as just being fired - it has to be willful violation of company policy or something like that.
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Rachel Tao
•Where can I find that information? I want to make sure I understand what they have to prove.
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Cedric Chung
•Check the Washington ESD website, they have a section on appeals and hearings that explains it all.
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Talia Klein
Been through 2 unemployment hearings in my life. The most important thing is to stay calm and answer only what they ask. Don't volunteer extra information that might hurt your case. Be honest but concise.
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Rachel Tao
•Good advice. I tend to ramble when I'm nervous.
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Maxwell St. Laurent
•Same problem here! I practiced with my sister asking me questions beforehand.
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PaulineW
Also check if your employer is even going to show up! Sometimes they don't bother sending anyone to the hearing and you basically win by default. You should get a notice ahead of time about who's going to be there.
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Rachel Tao
•I haven't gotten that notice yet. When do they usually send it?
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PaulineW
•Usually about a week before the hearing date. Keep checking your mail and your Washington ESD account online.
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Annabel Kimball
If you're still having trouble getting information from Washington ESD before your hearing, definitely try that Claimyr service someone mentioned earlier. I used them when I was dealing with a weird adjudication issue and they got me through to someone who could actually help me understand what was happening with my claim.
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Rachel Tao
•Thanks! I'm going to check them out tonight. I still have so many questions about the whole process.
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Chris Elmeda
•The video demo on their site really explains how it works well. Saved me hours of frustration trying to get through the regular phone lines.
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Jean Claude
One last tip - write down all your questions ahead of time! During the hearing you might forget to ask something important. Having a list in front of you helps make sure you cover everything.
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Rachel Tao
•Great idea. I'm making a list right now of everything I want to clarify.
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Jean Claude
•Perfect! You've got this. Sounds like you have good evidence with that termination letter.
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