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OAH hearing missed due to DV situation & address issues - waiting on good cause decision from ESD judge

I'm really stressed about my unemployment appeal situation with ESD. I had a hearing scheduled in January with the Office of Administrative Hearings (OAH) but completely missed it because I never got the notice. My mail was being sent to my sister's address on file with ESD, but I've been moving between different places trying to escape an emotionally abusive relationship with my ex. The notice apparently got returned to sender. I finally had my rescheduled hearing yesterday where I explained to the judge that I didn't update my address because of my unstable housing situation during the domestic violence issues. The judge seemed sympathetic but said he needs to determine if this counts as "good cause" for missing the original hearing since technically the error was on my end for not updating my contact info with ESD. My original claim was denied 14 weeks ago after I quit my restaurant manager position due to what I believe was a hostile work environment (verbal harassment and unpaid overtime). I filed the appeal right away but now I'm stuck waiting even longer to see if they'll even CONSIDER my appeal based on the missed hearing issue. Has anyone dealt with the OAH good cause determination process after missing a hearing? Or had unemployment issues related to DV situations? I'm getting desperate since my savings are nearly gone and I really need these benefits.

Oliver Fischer

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I had almost the exact same situation last year. The judge should grant you good cause if you can document the DV situation. Do you have any police reports, protection orders, or social services documentation about your housing instability? Those will help tremendously with establishing good cause. For the original claim issue - leaving due to hostile work environment - you'll need to prove you made reasonable efforts to resolve the problems before quitting. Did you report the harassment to HR or management before leaving? Any documentation of the unpaid overtime? These will be critical when your actual appeal hearing happens. But first things first - focus on getting past this good cause determination. The judge typically takes 3-5 business days to decide on that part.

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Amina Sy

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Thank you SO much for replying! I do have a temporary protection order from December that mentions the housing instability, so that might help. I'm kicking myself because I didn't think to mention it during yesterday's hearing - I was so nervous I forgot to bring it up. About the original claim issue - yes, I sent emails to the owner about the unpaid overtime (I was classified as salaried but regularly working 60+ hours). The harassment came from the owner himself though, so there was no HR to report to. I have some text messages showing some of the verbal abuse. Will that be enough?

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Natasha Petrova

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in my experiance esd is HORRIBLE with DV claims!!1! they denied me twice even with police reports because they said i "could have kept working there" while dealing with the restraning order stuff. had to get a advocate from a DV shelter to help with my appeal. if your in king county i can give u the number for the place that helped me. they knew all the unemployment rules and how to talk to the judges

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Amina Sy

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That's really disappointing to hear about your experience, but thank you for the offer. I am in King County and would appreciate that contact information if you don't mind sharing it. I didn't know there were advocates who specialize in DV and unemployment issues.

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Javier Morales

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I think your biggest hurdle is going to be the original quit reason, not the missed hearing. ESD is really strict about voluntary quits, even in hostile environments. They typically expect you to have formal documentation of complaints and the employer's response before quitting. Did your employer contest your unemployment claim?

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Amina Sy

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Yes, my employer is contesting it. They're claiming I quit without notice (which is technically true - I left mid-shift after a particularly bad incident). I'm worried because a lot of the harassment was verbal with no witnesses. But I do have some text messages showing inappropriate language and the overtime expectations.

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Emma Davis

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have u tried getting thru to esd on the phone? sometime they can tell u the status of your case or put notes in ur file about the address change issue. i was on hold 4 HOURS last month b4 i gave up

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GalaxyGlider

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I had the same problem with the ESD phone lines. I found this service called Claimyr that got me through to an ESD agent in about 20 minutes. It basically keeps dialing for you and then calls you back when it gets through. I was skeptical but it actually worked - saved me hours of holding. I think they have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Their website is claimyr.com if you want to check it out. Just mentioning it because it helped me resolve my adjudication issue after weeks of not being able to get through.

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Amina Sy

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I've tried calling ESD multiple times but never get through - just endless hold times or disconnections. Thanks for the Claimyr suggestion, I'll look into that. At this point I'm willing to try anything to get this resolved faster.

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Malik Robinson

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Your DV situation should absolutely qualify as good cause for missing the hearing. Washington has expanded protections for DV survivors in unemployment cases. Make sure to emphasize the safety concerns that prevented you from maintaining a stable mailing address. When I went through the appeals process, I found that being extremely organized with all documentation really helped. Put together a timeline showing: 1. When you left your job and why 2. Your housing movements due to DV concerns 3. Any police reports or protection orders 4. Documentation of the hostile work environment I'd be surprised if the judge doesn't grant good cause, but if they don't, you can appeal that decision too. It's exhausting but stay persistent!

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Isabella Silva

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This is really good advice. I used to work for a nonprofit that helped DV survivors with various legal issues, and documentation is KEY. OP, even if you don't have "official" documentation for everything, start writing down a detailed timeline NOW while it's fresh in your memory. Include dates, names, what happened, etc. Judges tend to find detailed accounts more credible. Also, Washington state does have specific provisions for DV survivors in unemployment cases, so definitely emphasize that aspect.

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Ravi Choudhury

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Hate to be negative but my cousin went thru somthing similar and OAH denied his appeal for missing the first hearing... said updating contact info was his resopnsibility no matter what. hope u have better luck tho!

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Oliver Fischer

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That's definitely a possibility, but DV situations are treated differently under Washington unemployment regulations. There are specific provisions that give more flexibility for survivors of domestic violence. It really depends on how the judge interprets the specific circumstances and what documentation is available. It's not guaranteed, but there's definitely a pathway for approval in DV cases that wouldn't exist in other situations.

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GalaxyGlider

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I'm a former case manager who worked with DV survivors on benefits issues. Here's what I recommend: 1. Contact the OAH clerk ASAP and ask about submitting additional evidence for your good cause determination - specifically your protection order and any DV services documentation. 2. For the actual appeal, Washington state law (RCW 50.20.050(2)(b)(iv)) specifically protects people who leave work due to domestic violence situations. Make sure your appeal cites this specific law. 3. As for the hostile work environment claim, that's covered under RCW 50.20.050(2)(b)(iii), but you'll need to demonstrate that the conditions were so intolerable that a reasonable person would leave. Your documentation of unpaid overtime and verbal abuse will be crucial. Hang in there - this process is frustrating but there are protections built into the law for situations exactly like yours.

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Amina Sy

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Thank you so much for these specific references! I didn't know about these laws. I'll definitely call the OAH clerk tomorrow to see if I can submit my protection order. This gives me a bit more hope.

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Malik Robinson

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One thing I learned from my experience - judges want to see that you made EVERY possible effort to resolve issues before quitting. For your hostile work environment claim, be prepared to answer these specific questions: 1. What specific actions did you take to report/resolve the issues? (emails, meetings, etc.) 2. What specific response did you receive? 3. Why was continuing to work there impossible/unreasonable? The more specific examples you can provide, the better. They're looking for concrete reasons, not just general statements about a hostile environment.

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Amina Sy

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That's really helpful, thank you. The owner was the main problem, so reporting to him about his own behavior wasn't really an option. But I did text him several times about the overtime issues and inappropriate comments. I kept those texts and screenshots of scheduled vs. actual hours. Hopefully that will be enough to show I tried to address it before leaving.

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