OAH Appeal hearing scheduled - need advice on defending my 'quit with good cause' claim due to unpaid wages

You don't necessarily need an attorney, but you do need to be well prepared. The judge will want specific evidence of the late payments. Here's what I recommend you bring to the hearing: 1. Your bank statements showing when deposits were made compared to your scheduled pay dates 2. Any email/text communications with your employer about the late payments 3. Copy of your employee handbook showing pay schedules (if you have it) 4. Records of any late fees you incurred as a result of late pay 5. A timeline document showing each incident of late payment with dates Make sure you have copies for the judge and employer (usually 3 copies of everything). Be clear, concise, and stick to facts rather than emotions. When you explain why you quit, emphasize that the repeated payment delays constituted a material breach of your employment agreement. Unpaid wages or consistently late payments are typically considered good cause for quitting under Washington state law, so you have a strong case as long as you can document it.

went thru somthing similar last yr. make sure u have EVERYTHING documented!! my boss tried to say I no-called/no-showed when i actually gave 2 weeks notice. The judge was pretty fair but u need PROOF of everything u say. good luck!!!

I had an appeal hearing with OAH last year and I was so stressed about it, but honestly it wasn't as scary as I thought. The judge was very professional and gave me plenty of time to explain my side. One piece of advice: PRACTICE what you're going to say. Write down bullet points of your main arguments and rehearse them. The hearing will likely be over the phone, so you can have notes in front of you. When they ask why you quit, be very clear about the pattern of late payments and how it affected you financially. Don't get sidetracked into other complaints about the employer - stick to the late payment issue since that's your strongest argument. Also, I'd recommend calling the ESD appeals line before your hearing if you have any procedural questions. They won't give legal advice but can explain how the hearing works. And if you're really worried, there are some free legal clinics that help with unemployment issues - try the Unemployment Law Project.

I just went through an appeal in February and WON despite my employer bringing their HR director and a lawyer! What helped me was having a clear chronological account of events with DATES. The judge interrupted me several times to get specific dates of incidents, so have those ready. Also, in WA state, employers are required by law to pay employees on regular established paydays. If your employer was consistently late with payments, that IS illegal activity under RCW 49.48.010. You might want to google that and print it out for reference. One more tip - when you get nervous (I sure did!), just take a breath and remember that the judge deals with these cases all day long and just wants clear facts. Stay calm and factual even if your employer says things that aren't true. You'll have a chance to respond. Good luck!

the esdwaiting time for getting an agent on the phone is CRAZY these days! i had a similar situation and needed to talk to someone before my hearing but kept getting disconnected after waiting for hours. finally i found this service called Claimyr that got me through to ESD in like 30 minutes! saved me so much frustration. they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their site is claimyr.com the ESD person i talked to gave me some really good advice about my hearing - told me exactly what the judge would be looking for and how to present my case. definitely worth talking to ESD before your hearing!

Can I just say that it's RIDICULOUS these employers try to weasel out of their responsibility? They don't pay you on time - which is 100% ILLEGAL - then have the audacity to appeal when you quit and get benefits!? I had an employer do this to me in 2023. They'd pay us late, then blamed "payroll processing issues" every time. When I quit and filed for unemployment, they fought it tooth and nail. JOKE'S ON THEM though, because I had documented EVERYTHING. Emails asking where my paycheck was, screenshots of my bank account showing when deposits finally came through, even recorded a phone call (Washington is a two-party consent state BUT I clearly said I was recording the call when my manager admitted they were having "cash flow problems"). The judge saw right through their BS and I won my appeal. These companies think they can just lie and intimidate us, but the OAH judges aren't stupid. Just be organized, bring documentation, and STAND YOUR GROUND.

i got denied after my hearing bc i didnt have enough proof. make sure u have everything!!!! dates times everything!!!!

Has anyone dealt with this judge before? Sometimes knowing their style can help with preparation.

One more important tip: at the start of the hearing, the judge will ask if you have any additional evidence to submit. If you have documents you haven't already provided, this is your chance to get them into the record. Regarding RCW 50.20.050(2)(b)(ii), yes, you should specifically mention that your reason for quitting falls under this provision. The law considers it good cause to quit when an employer is engaging in illegal activities, and repeatedly failing to pay wages on time is illegal under Washington state law. In fact, according to WAC 192-150-135, which interprets the RCW, "For purposes of RCW 50.20.050(2)(b)(ii), illegal activities include violations of both civil and criminal law." Late payment of wages violates civil labor law. Make sure you explain: 1. The specific dates when payments were late 2. How each late payment impacted you financially 3. That you complained to your employer about the late payments 4. That the problem wasn't resolved despite your complaints This shows you had good cause to quit and took reasonable steps to preserve your employment before quitting.

my hearing was actually kinda quick - about 45 minutes. the judge asked me questions first, then my employer, then gave me a chance to respond to what they said. just be honest and stick to the facts about those late payments!!

IMPORTANT: If you can't make the hearing date for any reason, call OAH immediately to request a continuance. Don't wait until the last minute. If you miss your hearing without getting it rescheduled, you'll automatically lose and have to repay all benefits. Also, you'll probably get a decision within 1-2 weeks after the hearing. It will come by mail, so make sure ESD has your current address. If you win, great! If you lose, you have 30 days to file a petition for review with the Commissioner's Office. That's a whole separate process, but don't worry about that unless it happens. Rooting for you!