Unemployment hearing tomorrow: Need help proving I quit because my overtime was cut, not for school
I've got an appeal hearing with ESD tomorrow and I'm super nervous! My former employer is claiming I quit to go back to school, which would disqualify me from benefits. The truth is I quit because they drastically cut my overtime hours which I depended on for my bills. Yes, I did enroll in school AFTER I left, but that wasn't why I quit! I stayed at the job for almost 2 months after they reduced my hours, hoping things would improve, but they never did. My take-home pay dropped by $850-1000 per month! I have some texts with coworkers complaining about the hour cuts, and my paystubs showing the reduction, but not much direct communication with management about it. Has anyone been through a similar hearing? What kind of questions will the judge ask? Will they believe me over my employer? Any tips on how to present my case would be SO helpful!
19 comments
Dominique Adams
I went through an appeal hearing last year. The judge will definitely ask specific questions about WHY you quit and the timeline of events. Be very clear that you stayed for 2 months after the overtime reduction trying to make it work. Have those paystubs organized chronologically to show the pattern of reduction - judges love documentation. Also, prepare a brief statement explaining that school was a RESULT of quitting, not the cause. Don't interrupt the employer or judge, even if they say something incorrect - write it down and address it when it's your turn to speak. Good luck!
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Isabel Vega
•Thank you for this! Good idea about organizing the paystubs. Do you think I should mention that several other employees also quit for the same reason? And should I dress formally for the hearing even though it's on the phone?
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Marilyn Dixon
Was your overtim eliminated completely or just reduced? This makes a HUGE difference with ESD!!! I got denied because mine was only reduced by 25% and they said thats not enough for good cause to quit. You need to prove it caused a "substantial" reduction in pay - like at least 25% of total income. Be ready with EXACT calculations of before and after pay.
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Isabel Vega
•My overtime went from about 15-20 hours per week down to 2-4 hours. It was about a 35% drop in my total income! I definitely have the math worked out to show this. Thanks for the heads up that they're looking for substantial reduction - that makes me feel a bit better about my case.
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Louisa Ramirez
Make sure you actually SAY during the hearing that you quit due to substantial loss of income, not because of school! Seems obvious but people get nervous and forget to directly state their main point. Also DON'T badmouth your former employer no matter how tempting - judges hate that and it makes you look unprofessional.
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Isabel Vega
•That's good advice. I'll write down some key points so I don't forget to mention the most important things. And I'll keep it professional - I don't want to bad-mouth them anyway, they just weren't able to provide the hours I needed anymore.
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TommyKapitz
The fact that you enrolled in school right after quitting is going to be a challenge, not gonna lie. The employer will use this against you to show that was your plan all along. You need to be able to explain clearly how the timing worked out - maybe you only considered school AFTER realizing your income was permanently reduced? Also, did you ever formally request to maintain your previous hours in writing? Documentation is extremely important in these hearings.
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Isabel Vega
•You're right, and that's what I'm worried about. I didn't formally request in writing to keep my hours, just verbal conversations with my supervisor. But I can explain that I only applied for school after I realized the reduced hours were permanent. Ugh, I wish I had better documentation now.
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Angel Campbell
Have you tried calling ESD directly to ask what specific evidence they're looking for in a case like yours? I was stuck trying to get through to them for weeks with no luck, constant busy signals and disconnections. Then I found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent in under 30 minutes! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent I spoke with gave me specific advice for my hearing that made a huge difference. Might be worth trying before tomorrow.
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Payton Black
•Does this Claimyr thing actually work? I've been trying to get thru to ESD for 3 days about my identity verification issue...
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Angel Campbell
•@profile7 Yes, it worked for me and a couple people in my apartment building. ESD's phone system is completely overwhelmed, so having something that gets you through is worth it. My hearing was similar to OP's (different reason though) and getting specific advice beforehand really helped.
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Harold Oh
hey i had hearing last month, the most important thing is DONT LIE about anything!!! they will catch you and then your totally screwed. just be honest about timeline, yes you went to school but that was AFTER you decided to quit becuz of hours cut. also the judge asked me like 20 questions rapid fire so be ready for that lol
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Isabel Vega
•Thank you - I definitely won't lie. I'm just nervous they won't believe me since my employer is saying something different. Rapid fire questions sounds stressful but I'll be prepared!
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Dominique Adams
One more important tip: Take notes during the hearing! When the employer makes statements, write them down. Often they'll contradict themselves or say something you can disprove. When it's your turn to respond, you can address these points specifically. Also, though this hearing is about YOUR reason for quitting, if you know other employees also left because of reduced hours, that can help support your case that this was a legitimate workplace issue, not just a personal preference.
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Isabel Vega
•This is really helpful. I know at least three other people who quit for the same reason within a month of me leaving. I'll definitely take detailed notes during the hearing too.
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Marilyn Dixon
GOOD LUCK today!!!! Let us know how it goes. The ESD system is so frustrating sometimes but occasionally they get it right lol
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Isabel Vega
•Thank you!! I'm so nervous but trying to stay calm. Will definitely update after the hearing.
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Amun-Ra Azra
I JUST had a hearing last Thursday for a similar issue!!! Mine was reduction in hours too but different circumstances. The judge actually ruled in my favor ON THE SPOT which I wasn't expecting! Make sure you have your dates straight about when your hours were cut vs when you applied for school. My judge was super focused on the timeline of events. Judges know people need to support themselves so if you can show the hours cut made that impossible, you have a good chance!
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Isabel Vega
•Oh wow, that's encouraging! I definitely know my timeline - hours were cut in January, I stuck it out hoping for improvement until late February, quit on March 3rd, and then applied for school courses starting in April. I'll make sure to emphasize this clear sequence. Thanks for sharing your success story!
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