Petition process timeline after ESD appeal denial - how long until OAH hearing?
My ESD unemployment appeal got denied last week after nearly 2 months of waiting (seriously?). I've submitted my petition explaining why I disagree with their decision - I was laid off due to a merger, but they're claiming misconduct because I missed some targets in my final month. I wrote a detailed explanation with evidence from my performance reviews showing I was meeting expectations until the company started cutting corners before the merger. Anyone know how long this petition process usually takes? The ESD website is useless with these timelines. I need to know if I should keep looking for ways to cover rent or if this might get resolved soon. Has anyone gone through the petition process after an appeal denial?
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Zoe Gonzalez
it varies. mine took 6 weeks before i got scheduled for a hearing with OAH. some ppl get it faster tho
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Avery Flores
•6 weeks?? I can't believe how slow this system is. Did they at least give you some kind of update during that time or was it just complete silence?
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Ashley Adams
The petition process typically takes 4-8 weeks before you'll be scheduled for an Office of Administrative Hearings (OAH) hearing. During this time, your petition is being reviewed to determine if there's sufficient grounds to move forward. Make sure your petition clearly explains why you believe the decision was incorrect and include any supporting evidence. Specifically for misconduct cases, highlight any documentation showing you were meeting performance standards. The OAH will send you a hearing notice with the date and time once it's scheduled. Also, be sure to continue filing your weekly claims during this process!
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Avery Flores
•Thank you for this info! I made sure to include my last three performance reviews which were all satisfactory. Do you know if these hearings are typically in person now or still virtual? And should I get a lawyer or is that overkill?
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Alexis Robinson
•Wait you have to keep filing weekly claims even while in the petition process?? I didn't do that when my appeal was denied last year. No wonder I didn't get backpay when I won my hearing!
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Aaron Lee
I had almost the EXACT same situation last year! Company got acquired, suddenly they started writing me up for "performance issues" that were never a problem before, then laid me off claiming it was for cause. ESD denied me, appeal denied, then I went to petition. It took ALMOST 9 WEEKS to get scheduled for a hearing and another 3 weeks until the actual hearing date. The whole thing is designed to make people give up!!!
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Avery Flores
•Wow, so I might be looking at 3 months total? Did you end up winning your case with OAH? Any advice for the hearing?
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Aaron Lee
•Yes, I eventually won my case. My advice: 1) organize ALL your documents chronologically 2) practice explaining your side without getting emotional (hardest part) 3) be super respectful to the judge even when ESD says ridiculous things. Good luck!!
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Chloe Mitchell
Have you tried calling ESD to check on the status? I know it's nearly impossible to get through to them, but I had success using Claimyr (claimyr.com) to get past the phone tree and actually speak with an agent. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. I was in a similar situation with a petition and was able to get some clarification on timeline and what to expect. The agent I spoke with was actually pretty helpful once I could actually reach a human.
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Michael Adams
•does that service actually work? i keep getting hung up on by esd after waiting for hours
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Chloe Mitchell
•Yes, it worked for me after I tried calling ESD directly for three days straight. They got me through to an agent in under 30 minutes when I'd been getting disconnected for days. Definitely worth it when you're desperate for answers.
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Natalie Wang
I went through this whole process in 2025 and here's what I learned: The petition timeline really depends on how backed up OAH is at the moment. My suggestion is to prepare for the worst (8+ weeks) but keep calling for updates. When you do get your hearing scheduled, request all documents ESD is using against you ASAP. They sometimes have internal notes or employer statements you haven't seen. For misconduct cases specifically, the burden of proof is on the employer/ESD to prove you intentionally disregarded their interests. Performance issues alone often don't meet the legal standard for misconduct unless they can prove willful disregard. Hope this helps!
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Avery Flores
•This is really helpful, thank you! I didn't know I could request the documents ESD is using. I'll definitely do that once I get a hearing date. My ex-employer has been pretty dishonest about the whole situation so I'm worried about what they might have told ESD.
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Alexis Robinson
i had a friend who went thru this. she said the most important thing is KEEP DOING YOUR JOB SEARCHES while you wait!!! and document everything super carefully. if u win ur hearing u can get all the back pay but only if u did all the job search stuff every week
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Zoe Gonzalez
anyone else notice how they always deny valid claims hoping people will just give up? my sister and 5 other people from her company all got denied for the exact same bogus reason, only 2 of them fought through the whole appeal and petition process and BOTH won eventually. system is rigged
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Aaron Lee
•YES!! This is exactly what I think too! They count on people giving up because the process is so long and complicated. I almost gave up twice during my appeal.
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Ashley Adams
•While the process can certainly be frustrating, ESD decisions are based on the information available at the time. The appeal and petition process exists specifically to correct decisions that may have been made with incomplete information. If you believe a decision is incorrect, it's always worth pursuing through the proper channels.
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