Taking my denied benefits case to Superior Court after OAH loss - worth it?
Looking for some real-world experience here. The OAH just denied my appeal for benefits after a hearing last month. They're claiming I was discharged for misconduct because I missed three days of work due to my son being hospitalized (even though I texted my supervisor each day). ESD initially denied my claim, I appealed to OAH, and now they've also ruled against me. I'm wondering if anyone has taken their case to the next level - Superior Court? I've got 30 days to decide and I'm torn. My former employer is a large corporation with attorneys, and I'd be representing myself. I'm owed about $14,800 in benefits if I win, but I don't know if it's worth the stress and time. Has anyone succeeded in overturning an OAH decision in court? What was your experience like? Any regrets if you lost?
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Olivia Van-Cleve
Not worth it IMO. I tried going to Superior Court last year and got DESTROYED. Companies have lawyers who do this stuff all day long and the process is super complicated with all these legal filings and deadlines. Cost me $400 just to file the petition plus hours of research. Ended up withdrawing my case when I realized how outmatched I was. Sometimes u just gotta know when to walk away...
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Amara Torres
•Ugh, that's what I'm afraid of. $400 is a lot when you're already struggling without benefits. Did you try to find legal aid or anything before giving up?
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Mason Kaczka
I successfully appealed to Superior Court in 2024 and won, but I think my case had clearer errors in the OAH decision. The judge ruled that OAH misapplied the legal standard for misconduct. Here's what you need to know: 1. You need to show that the OAH made a legal error or that their factual findings weren't supported by substantial evidence 2. The filing deadline is strict - 30 days means 30 days 3. You'll need to prepare a legal brief explaining exactly why the OAH decision was wrong 4. The court won't consider new evidence that wasn't presented at the OAH hearing Honestly, for a misconduct case involving attendance, it's going to be tough unless you can prove you followed your employer's call-in policy exactly. The court gives a lot of deference to the OAH's factual findings.
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Amara Torres
•Thank you for breaking it down like this. In my case, my employer's handbook says we need to notify a supervisor "as soon as practicable" if we'll be absent. I texted my supervisor each morning when I knew I couldn't come in because I was at the hospital. During the hearing, they produced an "updated policy" requiring 2-hour advance notice that I never received. The judge seemed to accept their version despite my evidence showing the texts were sent before my shift started each day.
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Sophia Russo
what about getting a lawyer? my sister had this problem and she got a free consult with an unemployment attorney who took her case on contingency (only got paid when she won). she didn't go to superior court tho, just the regular appeal
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Olivia Van-Cleve
•Most lawyers won't take unemployment cases on contingency to Superior Court because the amounts aren't high enough. They might do the initial appeal but not the court part. At least that's what I found out when I tried.
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Evelyn Xu
Have you tried Unemployment Law Project? They're a non-profit that helps with these exact situations. They might be able to review your case for free or low cost to tell you if it's worth pursuing. If the OAH really did accept an "updated policy" you never received, that might be grounds for appeal. Also, I've been through HELL trying to reach ESD directly about my claim issues. After wasting DAYS redialing, I finally used a service called Claimyr (claimyr.com) to get through to an actual human at ESD. They got me connected with an agent in less than an hour when I'd been trying for weeks. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Might be worth trying to speak directly with an ESD specialist before committing to the Superior Court route. Sometimes they can help resolve things without going through the formal appeal process.
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Amara Torres
•I hadn't heard of the Unemployment Law Project - definitely going to look them up today. And thanks for the tip about reaching ESD. I tried calling them multiple times after the OAH decision but kept getting disconnected. I'll check out that service.
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Dominic Green
I'm an attorney (though not your attorney, and this isn't legal advice). The standard of review for Superior Court appeals of OAH decisions is very deferential to the administrative judge. You'd need to show that the decision was: 1. Outside the statutory authority or jurisdiction of the agency; OR 2. Based on an error of law; OR 3. Clearly erroneous based on the entire record; OR 4. Arbitrary or capricious. Based on what you've described about the "updated policy" that you never received, you might have a case under #3 or #4, but these are difficult standards to meet. One strategy: Request the complete record from your OAH hearing and carefully review the transcript. Look for places where the judge made statements that contradict the evidence presented. That could potentially form the basis of your appeal.
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Hannah Flores
•THIS IS WHY THE SYSTEM IS BROKEN!!! All these complicated legal standards regular people can't understand. Meanwhile we're just trying to get the benefits we PAID INTO while these companies can afford fancy lawyers to fight us! The whole thing is RIGGED against workers!!
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Kayla Jacobson
My brothers friend went to court and won but it took like 8 months to get resolved and he almost lost his apartment waiting. Just something to think about if ur counting on that money soon. Maybe better to focus on finding new work?
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Amara Torres
•That's a good point. I am working again (started a new job last month), but was hoping to recover the benefits from my 3-month unemployment period. It's a lot of money for me, but maybe not worth the stress if it drags on forever.
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Dominic Green
One more thought - if you decide to appeal, consider asking the court for a fee waiver if you're low income. The $400+ filing fee can be waived if you qualify. The form is available on most Superior Court websites.
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Amara Torres
•Thank you! I didn't know that was possible. I'll look into the fee waiver for sure.
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Mason Kaczka
Based on everything you've shared, especially about the "updated policy" they sprung on you during the hearing, I think you should at least consult with the Unemployment Law Project before deciding. If they think you have a decent case, it might be worth pursuing. The fact that you texted your supervisor each day and they're claiming you violated a policy you never received could be exactly the kind of factual dispute that might get traction in court. To prepare for a consultation, gather: 1. Your original ESD determination letter 2. The OAH decision 3. Any evidence you submitted (like the text messages) 4. The employer's handbook with the "as soon as practicable" language 5. Any documentation showing you weren't notified of policy changes Good luck with whatever you decide!
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Amara Torres
•This is super helpful - I've started gathering all these documents today. I realized I actually have an email from HR from 3 months before my termination confirming the current call-in policy (the one I followed), which directly contradicts what they claimed at the hearing. I think I'll definitely get a consultation before deciding.
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Paolo Marino
•That email from HR could be HUGE for your case! If you have written documentation showing the policy they claim you violated didn't exist when you were employed, that's exactly the kind of evidence that could support an appeal. Definitely sounds like you should talk to the Unemployment Law Project - they'll know immediately if that kind of documentation gives you a strong case. Keep us posted on what they say!
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Omar Mahmoud
•Wow, that HR email from 3 months before sounds like it could be a game-changer! Having written proof that contradicts their hearing testimony might be exactly what you need. I'm curious - was this email something you had during your OAH hearing, or did you find it afterwards? If you didn't present it at the hearing, that could complicate things since the court typically won't consider new evidence. But definitely worth asking the Unemployment Law Project about - they'll know how to handle that situation.
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Marina Hendrix
•@Amara Torres That HR email you found could be absolutely critical! The timing is perfect - 3 months before termination proves the policy was still in effect when you needed to use it. Even if you didn t'present it at the OAH hearing, there might be ways to get it considered on appeal, especially if it directly contradicts testimony given under oath. The Unemployment Law Project will definitely want to see that document. With that kind of smoking gun evidence plus your text message records, you might actually have a stronger case than I initially thought. Don t'let that 30-day deadline slip by while you re'gathering documents though!
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