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Judge caught HR lying at my ESD appeal hearing - will my benefits restart automatically?

Had my Office of Administrative Hearings (OAH) appeal yesterday after my employer contested my unemployment benefits. The most unexpected thing happened! Midway through the hearing, the judge literally stopped the proceedings when she realized the HR representative was lying about my termination circumstances. She actually called the HR person out on the spot and gave her enough rope to hang herself. The HR rep kept contradicting her own written statements and the judge wasn't having it. The judge explicitly told them she wouldn't allow them to schedule another hearing. I'm assuming this means my benefits will restart automatically, but ESD is so unpredictable. Has anyone had a similar experience with an appeal hearing getting shut down like this? How long until benefits resume after a favorable OAH decision? Do I need to contact ESD or just wait?

Serene Snow

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Congratulations! When the judge catches the employer in a lie, that's pretty much an automatic win. In my experience, you should see your benefits restart within 3-5 business days after the judge issues the written decision (which usually takes about a week after the hearing). The OAH will send their decision to ESD, and ESD will process it without you needing to do anything. Make sure you keep filing your weekly claims during this time! A lot of people think they should stop filing while waiting for an appeal decision, but that's a mistake. If you don't keep claiming each week, you won't get paid for those weeks even after you win your appeal.

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Asher Levin

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Thank you! That's really helpful. I've been filing my weeklies religiously, so I'm covered there. Do you know if they'll pay me all at once for the weeks I missed while the appeal was pending? It's been about 9 weeks since they cut off my benefits.

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I wouldn't celebrate yet. HR being caught in a lie doesn't guarantee you'll win. I had a hearing where the company rep totally contradicted themselves and the judge still ruled against me. ESD is so unpredictable!! Just because the judge seemed sympathetic doesn't mean you'll automatically get a favorable decision.

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Romeo Barrett

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That's technically true, but when a judge explicitly stops a hearing and calls out one side for lying, it's a pretty strong indicator. The judge's statement about not allowing another hearing is significant - they typically only do that when they've heard enough to make a decision in favor of the claimant. The written decision is the only thing that matters legally, but these are very positive signs.

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This is a SLAM DUNK win!!! When the judge caught them lying, that's game over. The exact same thing happened to me last year - my former boss made up a whole story about me being repeatedly late, but I had timestamped badge swipes proving I was on time. Judge called him out, and I had my benefits decision reversed within 12 days. BTW - when you get the written decision (probably in 7-10 days), read it carefully. The judge will explain exactly why they ruled in your favor. This can be useful documentation if you ever have issues with this employer again or if they try to challenge future claims.

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Asher Levin

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That's reassuring! Did you have to do anything special to get the back payments for the weeks you missed while waiting for the appeal? I'm worried about bills piling up.

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Justin Trejo

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My brother had something similar happen and they paid him all the back weeks at once after the decision came through took like 10 days i think. Just keep filing every week!!

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Alana Willis

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I've seen it take up to 3 weeks for payment after an OAH decision though. ESD is really backed up right now processing appeals. The system is always overloaded in January after seasonal layoffs.

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Romeo Barrett

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Employment law specialist here. When the judge explicitly stops a hearing and mentions not allowing a reschedule, that's almost always good news for the claimant. Here's what happens next: 1. Judge will issue a written decision within 7-14 days 2. ESD receives the decision and processes it (typically 3-5 business days) 3. If favorable, your benefits will restart automatically, including back payments 4. You'll see multiple payments hit your account/card for each week you've been filing One important note: if your employer appeals the judge's decision to the Commissioner's Review Office, your benefits will still be paid while that appeal is pending. Unlike the initial appeal process, benefits continue during a commissioner review.

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This isn't always true! My cousin won his OAH hearing but then his employer appealed to the commissioner and his payments got held up for months!! The system is totally broken!

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Tyler Murphy

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I had a hearing last month but my situation was kinda different cause I was fired for attendence but they couldnt prove it lol. Anyway I couldn't get thru to ESD after my hearing to ask about my backpay and it was stressing me out. I waited on hold for like 4 hours and got disconnected TWICE!!! So frustrating.

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Sara Unger

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If you need to reach ESD quickly, try using Claimyr (claimyr.com). I was in the same boat - couldn't get through after waiting forever. Claimyr got me connected to an ESD agent in about 25 minutes instead of hours of hold time. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - saved me so much frustration during my appeal process.

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Make sure you download and save a copy of the judge's decision when you get it! ESD's system sometimes loses documents, and having that official decision on hand can save you TONS of headaches if there are any issues with your claim in the future. I learned this the hard way when I needed to reference my appeal decision months later and could no longer access it in the portal.

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Asher Levin

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That's a great tip - I'll definitely save multiple copies. I've noticed ESD's website can be really glitchy, especially on weekends when they do updates.

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Alana Willis

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Based on what you described, you've almost certainly won your appeal. When judges catch employers misrepresenting facts, they take it very seriously. The statement about not allowing another hearing is especially telling - that's judge-speak for "I've seen enough to make my decision." After you receive the written decision (typically 7-10 days after the hearing), ESD will automatically process it and restart your benefits. You should see all back payments for the weeks you've continued to file come through as a lump sum. One thing to be aware of: your employer technically has 30 days to appeal the OAH decision to the Commissioner's Review Office, though this is relatively rare when they've been caught in a misrepresentation during the hearing.

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Asher Levin

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Thank you for this detailed explanation! I'm feeling much more confident now. One more question - will the decision explain why the judge ruled in my favor? I'd like to have that documentation for future reference.

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