OAH denied my appeal despite employer contradictions - How to appeal higher?

I'm sorry you're going through this. You can appeal an OAH decision to the Commissioner's Review Office within 30 days of the OAH decision date. This is called a Petition for Review. You'll need to submit a written statement explaining why you believe the judge's decision was incorrect, specifically addressing legal errors or misinterpretation of facts. If the Commissioner's Review doesn't go your way, you can then appeal to Superior Court, but that's a much more formal legal process. The Commissioner Review typically takes 45-60 days for a decision. Make sure you're extremely specific about what the judge got wrong - cite testimony, evidence, and any RCWs or WACs that support your position. Focus on legal errors rather than just saying the decision was unfair.

The instructions for filing a Petition for Review should be included with your OAH decision letter. Look for a section called "Appeal Rights" or something similar at the end of the document. It will have the exact address where you need to send your petition. There's no specific form - you write a letter explaining why the decision was wrong. Be very specific about errors in how evidence was evaluated or legal standards applied. Quote directly from the hearing transcript if possible. One thing that really helps: read your decision carefully and look for places where the judge misunderstood testimony or ignored evidence. Those are your strongest arguments. Don't miss the deadline! The 30 days starts from the mailing date on the decision, not when you received it.

I went thru something similar in January!! My employer totally lied about why I was fired and the judge still sided with them even tho they had NO EVIDENCE. Had to appeal to Commissioner and WON!! The key is focusing on where the judge messed up legally, not just saying it's unfair. While your waiting on the appeal decision u should call ESD directly to see if they can expedite anything cuz of financial hardship. Good luck!!!

It took about 7 weeks for my decision, but that was during a super busy time. I focused my appeal on how the judge ignored specific testimony that contradicted my employer's claims. I quoted the transcript a bunch and pointed out where employer gave different stories to ESD vs the hearing. Also mentioned the relevant WACs about burden of proof for misconduct cases. BTW good luck getting through to ESD on the phone... I spent like 6 hours on hold and never got through.

THEY DO THIS ALL THE TIME!!!! The system is RIGGED against workers! My friend's cousin had the EXACT same thing happen and they got rejected too even though they had PROOF the employer was lying!!! The OAH judges are all in the pocket of big business, they don't care about regular people at ALL!!!

Thanks everyone for the advice. I've found the appeal instructions in my decision letter and am working on my Petition for Review now. I've identified at least three places where the judge completely mischaracterized my testimony and ignored documented evidence that contradicted my employer's claims. I'm also going to try to get through to ESD to explain my financial hardship situation. Does anyone know if there's any emergency assistance available while waiting for the Commissioner Review? I'm literally about to be evicted and my car is at risk of repossession.

hey so ur supposed to get a copy of the hearing recording for free. did u ask for that? u can use it to show exactly where the employer contradicted themselves. also make sure u mail ur appeal CERTIFIED so they cant claim they didnt get it. thats what happened to my bro and he had to start all over!!

Not trying to be negative but my cousin went through all this last year and still lost at the Commissioner level too. Just prepare yourself that you might need to look for other income options. The whole system is designed to deny people benefits its so frustrating!!!

While you're working on your appeal, don't forget to keep applying for jobs and doing your job search activities. If you win the appeal, you'll need to show you were meeting the job search requirements for all those weeks to get paid for them. The system is definitely frustrating, but staying on top of all the requirements will help if you eventually win.

I'm really sorry you're dealing with this financial stress on top of an unfair decision. One thing I wanted to add - when you're writing your Petition for Review, make sure to cite specific WAC sections that support your case. For example, if this was a misconduct case, WAC 192-150-200 outlines what constitutes misconduct and the burden of proof requirements. Also, if your employer gave contradictory statements between what they told ESD initially versus their hearing testimony, that's a huge point in your favor. The Commissioner's office takes inconsistent employer testimony very seriously. Keep your chin up - the fact that you have documented evidence and clear employer contradictions gives you a much stronger case than many people who appeal. Focus on the legal errors and factual inconsistencies rather than the emotional impact (as hard as that is), and you'll have the best shot at success.