OAH hearing success - employer no-show! How long for ESD decision letter?
Just came back from my appeal hearing with the Office of Administrative Hearings and I'm feeling pretty optimistic! My former employer didn't even show up (after contesting my ESD claim for 3 months!!). The judge was super nice and seemed to understand my side completely. He asked me questions about why I left the company, and I explained about the hostile work environment issues I'd been documenting. The judge said I should get a decision letter in about 5 days. Is that normal timing? I was under the impression I'd get the decision right after the hearing. Anyone else gone through an appeal hearing recently? How long did it take to get your decision, and did you win your case if the employer didn't show? My rent is due next week and I'm stressing about whether I'll get my benefits in time.
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Aisha Mahmood
congrats on getting through the hearing! when i had mine last yr my employer did show up but i still won. decision letter took 7 days to get to me, not 5. judge told me 3-5 business days but it was longer. but once i got the favorable decision the payments came SUPER fast after that
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Mateo Sanchez
•Thanks for sharing! That's good to know it might take a bit longer than 5 days. Did your letter come by mail or did they also email it to you?
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Ethan Clark
The Administrative Law Judge (ALJ) has 30 days by regulation to issue a decision, but most try to get them out within a week. When the employer doesn't show up, that usually works in your favor since they can't present evidence against your claim. However, the judge will still review all documentation previously submitted by both parties. If you get a favorable decision, ESD typically processes back payments within 3-5 business days after receiving the judge's order. The decision letter will come both by mail and through your online ESD account (check the "Letters" section). Make sure you keep filing your weekly claims during this waiting period - that's critical even while waiting for the appeal decision!
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Mateo Sanchez
•Thank you for the detailed info! I've been filing my weekly claims religiously even though they've been stuck in 'disqualified' status. So the letter will appear in my ESD account too? That's helpful since mail can be slow. Crossing my fingers for a positive outcome.
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AstroAce
My employer was a no-show too! Got my decision in 6 days and won. Once the decision was uploaded to my ESD account all my pending weeks changed from disqualified to paid within 2 days. But I had a NIGHTMARE time getting through to ESD to check on status before that.
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Yuki Kobayashi
•How did you end up getting through to ESD? I've been trying for weeks and can't get past the automated system. Always get the "high call volume" message and then it hangs up on me!
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Carmen Vega
not to be a downer but sometimes even when employer doesnt show the judge can still deny you if they dont like your explanation for quitting/getting fired. happened to my brother last month. not saying it will happen to you just be prepared
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Andre Rousseau
•This is absolutely correct. The burden of proof is still on the claimant even if the employer doesn't show up. The ALJ will consider the employer's previous written statements and documentation in the ESD file. However, without the employer there to cross-examine you, your testimony stands unchallenged which usually helps your case significantly. Really depends on the specific circumstances of your separation - if you quit versus being fired, and what documentation exists in your case file. The judge has to determine if you meet the eligibility requirements regardless of who shows up to the hearing.
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Zoe Stavros
THE ESD SYSTEM IS SO SLOW AND BROKEN! I won my appeal FOUR WEEKS AGO and still haven't received my backpay!!! I call EVERY DAY and get different answers each time. One rep says it's "in processing" another says there's a "flag on my account" that needs clearing, another says I just need to wait! WHAT A JOKE!!!
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Ethan Clark
•I'm sorry you're having this frustrating experience. There might be a secondary adjudication happening. When the OAH judge rules in your favor, sometimes ESD still needs to verify other eligibility factors before releasing payment. Request a call from a claims specialist through your eServices account by sending a secure message specifically asking for a tier 3 specialist to review your case. Be sure to reference your OAH case number and the date of the favorable decision. Also mention you're experiencing financial hardship if that's the case, as this can sometimes expedite your request.
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Jamal Harris
just wondering did you have a phone hearing or in-person? ive got mine scheduled for next week and im super nervous about what to expect
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Mateo Sanchez
•Mine was a phone hearing. It was much less intimidating than I expected! The judge explained the whole process at the beginning. Have all your documents ready and organized so you can reference them easily. Also, find a quiet place where you won't be interrupted. Good luck with yours!
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Andre Rousseau
The statutory requirement is that the judge must issue a decision within 30 days of the hearing date. However, most OAH judges in Washington issue decisions within 5-10 business days. The decision will be mailed to you and also uploaded to your ESD eServices account. A few important notes: 1. Continue filing weekly claims during this waiting period 2. If you win, ESD should automatically process your back payments 3. If there's a delay beyond 2 weeks after a favorable decision, contact ESD No-shows by employers generally favor the claimant, but the judge must still apply the law to the facts presented. The outcome depends on your specific situation and the evidence in your case file.
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Mateo Sanchez
•Thank you for the thorough explanation! I'll keep filing my weekly claims and check both my mail and eServices account. Fingers crossed the decision comes quickly.
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