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Need urgent advice for my ESD appeal hearing - legal questions

I have an appeal hearing scheduled with OAH in two weeks for my denied unemployment claim and I'm really freaking out. ESD disqualified me saying I voluntarily quit, but my employer basically forced me out by changing my schedule to hours they KNEW I couldn't work because of my childcare situation. I've never done an appeal before and don't have money for a lawyer. Looking through the hearing packet they sent me is overwhelming. There's so many legal terms I don't understand and I'm worried about saying the wrong thing. Would anyone who's been through this process or knows unemployment law be willing to message me privately to help me prepare? I just need to know what evidence to gather and how not to mess up my testimony. Any help would be HUGELY appreciated!

PaulineW

Don't rely on private messages for something this important. I went through an appeal last year and won after being disqualified for a similar reason. Here's what helped me: 1. Document EVERYTHING about your schedule change - dates, who told you, what was said 2. Get evidence of your previous childcare commitments 3. Gather any emails/texts where you explained you couldn't work those hours 4. Write down a timeline of events to keep your story straight 5. Practice explaining your case clearly in 2-3 minutes The judge will want to hear that you made reasonable efforts to preserve your employment before quitting. Be specific about what options you explored before leaving.

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Thank you so much for this advice! I do have some text messages where I told my manager I couldn't work nights because of childcare. Should I submit those as evidence before the hearing or just bring them with me? Also, does it matter that my manager verbally said "if you can't work these hours, you'll need to find another job" but my separation paperwork says I resigned?

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Hey I went thru something similar in january and can tell u the most important thing is to talk SLOW and answer ONLY what they ask nothing extra!!! Those judges will twist ur words if u ramble. Also they record everything. Make sure u have ur work history dates memorized and know exactly how many hours they changed on u. My hearing was over the phone and it was actually easier than i thought it would be!!!

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That's so good to know - thank you! Mine is scheduled as a phone hearing too. Did you have to submit evidence beforehand or could you just refer to things during the call? I'm worried because I don't have an official copy of my old schedule, just screenshots from our scheduling app.

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I used to volunteer at the Unemployment Law Project, and while I can't offer legal advice, I can share some general information about constructive quit cases. When an employer makes a substantial change to your working conditions (like a major schedule change), and you resign as a result, this can sometimes qualify as a "constructive discharge" rather than a voluntary quit. For your appeal, you'll need to prove: 1. The schedule change was substantial (more than 25% different) 2. It created a genuine hardship (childcare issues qualify) 3. You attempted to resolve the issue before quitting Bring documentation showing your original schedule, the proposed new schedule, proof of your childcare commitments, and any communication showing you tried to find a solution with your employer. Washington is generally favorable toward workers in these types of cases if you can demonstrate the change was unreasonable.

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This is exactly the kind of information I needed! The schedule change was from consistent 8-4 shifts to rotating evening/night shifts (some ending at 11pm). Do you think that counts as substantial? And should I get a letter from my daycare showing they close at 6pm to prove the hardship?

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wat ever u do DONT TRUST ESD!!! they will say anything to deny ur claim bcuz they dont want to pay. i got denied 3 times b4 i won my appeal. bring EVERYTHING to the hearing even if u think its not important. and if the judge asks something u dont know just say "i dont recall" dont try to make stuff up they catch that!!!

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PaulineW

While I understand your frustration, this advice isn't completely accurate. ESD isn't trying to deny everyone - they just follow specific eligibility rules. Saying "I don't recall" too often can hurt credibility. It's better to prepare thoroughly so you can answer questions accurately. But I agree that bringing all relevant documentation is important.

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Im in the same boat have a hearing next week!!!! So nervous i cant sleep

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Good luck with your hearing! Maybe we can compare notes after we both go through it. What's your case about?

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After trying for WEEKS to reach someone at ESD about my appeal, I used a service called Claimyr (claimyr.com) that actually got me through to a real person at ESD. Was able to ask questions about my hearing process and what evidence I needed. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Might be worth trying if you need to get specific questions answered before your hearing date.

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Thanks for the suggestion! I've been calling ESD every day and either get disconnected or told the wait time is too long. How quickly did you get through with that service? I'm running out of time before my hearing.

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I got through in about 20 minutes! It was such a relief after weeks of trying. The ESD agent walked me through exactly what to expect at the hearing and helped me understand what specific evidence would strengthen my case. Definitely worth it with your hearing coming up so soon.

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I'm an HR professional, and I can tell you that your situation sounds like what we call a "constructive discharge" in employment law. When your employer changes working conditions in a way that makes it impossible for you to continue working, it's not truly a voluntary quit. A few tips for your hearing: - Keep your testimony focused on FACTS rather than emotions - Be specific about dates and times of schedule changes - Explain exactly why the new schedule made continued employment impossible - Describe any attempts you made to negotiate an alternative schedule - Bring written documentation of everything BUT - be aware that if you were hired with the understanding that you might need to work various shifts, your case may be weaker. The judge will consider whether schedule flexibility was a known condition of employment from the beginning.

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not true I got hire for day shift only n they tryed to put me on nights after 3 years and i won my case! they cant just change ur whole life with no notice!!

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Thank you for this advice! My offer letter actually specified "daytime business hours" as my work schedule. When they changed to rotating shifts, my manager said "business needs have changed" but didn't offer any accommodation for my situation. Will definitely bring a copy of my offer letter to the hearing!

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PaulineW

One more important thing based on my experience - make sure to submit all your evidence at least one week before the hearing! There's a deadline and if you miss it, the judge might not accept your documents. You can email them to OAH or upload through their portal. Also, write out a clear timeline of events and practice explaining your case in a logical order. The judges really appreciate when people are organized and to-the-point.

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Oh wow, I didn't realize there was a submission deadline! I just checked my hearing notice and you're right - evidence has to be submitted 7 days before. Thank you so much for mentioning this!

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