Lost OAH appeal despite employer no-show - worth appealing to Commissioner as on-call worker?

Unfortunately, leaving a job to pursue another career or profession is almost always considered a voluntary quit without good cause under ESD's rules, regardless of whether your employer shows up to the hearing. On-call/freelance work typically doesn't qualify you for benefits unless you have enough hours in your base year. The Commissioner rarely overturns OAH decisions unless there was a procedural error or misapplication of law. If you believe the judge made a legal error (not just that you disagree with the outcome), you can appeal to the Commissioner within 30 days of the OAH decision. But based on what you've described, it might be difficult to win.

been thru this!! the system is RIGGED against workers. they dont care if your trying to better yourself. my cousin quit a toxic retail job last year and couldn't get benefits even with PROOF of harassment. the appeal system is a JOKE and the commissioners are just rubber stamps for ESD. save yourself the headache

I went through the appeal process last year after being denied for a different reason. I found it extremely helpful to get a copy of the hearing recording and the judge's written decision before filing my Commissioner appeal. This way I could specifically address where I believed errors occurred. You can request these through the OAH website or by calling them directly. Then focus your appeal on legal errors rather than just disagreeing with the outcome. Also, be aware that the Commissioner appeal can take 2-3 months to resolve.

sry to hear about your situation. quick question - did you have any job offers when you quit or just hoping to find work in the new field? that makes a big difference with unemployment rules i think

I've been struggling to reach anyone at ESD for weeks about my own claim issues. Spent hours on hold only to get disconnected. Finally found Claimyr (claimyr.com) which got me connected to an actual ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Made a huge difference in resolving my adjudication questions. Might help you get clearer answers about your specific situation before investing time in another appeal.

I had a somewhat similar situation last year. Lost my OAH hearing but discovered I qualified for Training Benefits instead since I was entering a new field. Have you looked into the Training Benefits program? Might be worth exploring if you're pursuing education or training in your new field.

To clarify about the on-call work situation: ESD will evaluate whether your on-call work meets the definition of "suitable work" based on factors like prior experience, typical hours, and pay rate. Even if you're available for full-time work, your current on-call status doesn't necessarily overcome the voluntary quit issue. However, if you can prove that your on-call work has substantially decreased (through no fault of your own) from what was initially promised, that might potentially help your case. Have you been filing weekly claims despite being denied?

Make sure you CAREFULLY read the Commissioner appeal instructions! I messed up my first attempt because I missed a deadline by 2 days. You need to file within 30 days of the OAH decision date (not when you received it). Also, I learned that you can submit new evidence to the Commissioner that wasn't presented at the OAH hearing if you can show good cause for why it wasn't presented earlier. This helped in my case.

have u applied for any other assitance while waiting? like food stamps or energy assistance? might help in the meantime

After reviewing what you've shared, I think you might have a difficult case for the Commissioner appeal, but it's not impossible. Focus on these potential arguments if applicable: 1) The judge didn't allow you sufficient time to present your case (procedural error), 2) Your on-call work is substantially different from what was promised (bait and switch situation), 3) You have documentation showing you left for better opportunities that fell through despite reasonable assurances. Emphasize any facts the judge may have overlooked during the brief hearing. Even with a strong appeal, prepare financially for the possibility it won't be successful.