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Isabella Santos

What should I say at my Washington ESD unemployment appeal hearing next week?

My appeal hearing is scheduled for next Tuesday and I'm completely panicking about what to say. Got disqualified because they said I quit voluntarily but that's not true - my hours got cut to basically nothing and I had no choice but to leave. The judge is going to ask me questions and I don't want to mess this up. Has anyone been through one of these Washington ESD hearings before? What kind of questions do they ask and how should I prepare?

I went through an appeal hearing last year for a similar situation. The most important thing is to stick to the facts and bring any documentation you have. Do you have any emails or texts from your employer about the hour reduction? Pay stubs showing the decrease? That's your best evidence.

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I have some pay stubs that show my hours went from 35/week to like 8/week. Would that help prove I had to quit?

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Absolutely! That's exactly what you need. Bring at least 3 months of pay stubs showing the pattern.

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The judge will probably ask you to explain in your own words what happened, then your employer gets to give their side. Be ready for them to say you could have stayed at reduced hours. You need to prove it wasn't reasonable to stay.

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How do I prove 8 hours a week wasn't reasonable? I couldn't pay my bills on that.

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Bring your monthly expenses - rent, utilities, car payment, etc. Show that 8 hours wouldn't cover basic living costs.

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Been there done that with Washington ESD appeals. Here's what they'll ask: 1) What was your last day of work 2) Why did you leave 3) What efforts did you make to keep your job 4) Did your employer offer any alternatives. Practice answering these clearly and concisely.

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Thank you! I should practice saying this out loud shouldn't I?

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Yes! And don't ramble. Answer the question they ask, then stop talking. Let them ask follow-ups.

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If you're having trouble getting through to Washington ESD to ask questions before your hearing, I used claimyr.com last month when I needed to talk to someone about my appeal process. They actually got me connected to an agent who explained what to expect. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that. Does it actually work or is it a scam?

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It's legit. I was skeptical too but I was desperate to talk to someone at Washington ESD and couldn't get through after calling for days.

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Make sure you understand the difference between quitting voluntarily and being constructively discharged. Sounds like your situation might be constructive discharge since they made it impossible for you to continue working.

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What's constructive discharge? I've never heard that term before.

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It's when an employer makes working conditions so bad or cuts your hours so severely that any reasonable person would have to quit. It's treated like being fired, not quitting.

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This is exactly right. Use this term in your hearing - 'constructive discharge' - it shows you understand the legal concept.

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ugh these hearings are so stressful. I had mine 3 months ago and was shaking the whole time. But the judge was actually pretty fair and listened to everything I said.

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Did you win your appeal?

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Yeah I did! Took about 2 weeks to get the written decision but they overturned the disqualification.

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Bring a timeline of events written out. Like: Jan 15 - told hours being reduced, Jan 20 - first short paycheck, Feb 1 - couldn't make rent, Feb 5 - gave notice. Having dates helps a lot.

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That's smart. I'll make a timeline tonight with all the important dates.

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Also bring proof you looked for other work while your hours were cut. Job applications, indeed searches, anything that shows you tried other options first.

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Don't forget that the burden of proof is on Washington ESD to show you quit without good cause. You just need to show you had good reason to leave.

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Really? I thought I had to prove I didn't quit voluntarily.

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Nope! They have to prove their case. You just need to present reasonable doubt about their version of events.

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Is your former employer going to be there? Mine didn't show up which made it way easier.

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I think so? They sent in some paperwork saying I quit voluntarily. How do I know if they'll actually be at the hearing?

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They should have told you in the hearing notice. If they don't show up, it's basically just you explaining your side to the judge.

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Practice staying calm even if your employer says things that aren't true. Don't interrupt them - let them finish, then politely disagree when it's your turn to speak.

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This is probably going to be the hardest part. My old boss lies about everything.

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I know it's frustrating but getting emotional or arguing hurts your case. Let your documentation speak for itself.

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Washington ESD appeal hearings usually last 30-45 minutes. They'll swear you in, explain the process, then hear testimony from both sides. Don't be afraid to ask for clarification if you don't understand a question.

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Can I have someone there with me for moral support?

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Yes, you can have a representative or just someone for support. They can't speak for you unless they're your official representative though.

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Dress professionally even if it's by phone. It helps you feel more confident and the judge can hear it in your voice.

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It's actually in person at the WorkSource office. Good point about dressing up though.

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Even better! Make eye contact with the judge and speak clearly. First impressions matter.

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If you need to reach Washington ESD before your hearing to ask any last minute questions, that claimyr service someone mentioned earlier actually worked for me too. I needed clarification on what documents to bring and couldn't get through on the phone.

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How much does something like that cost? I'm already broke from being unemployed.

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It's reasonable for what it does. Way better than spending hours on hold or never getting through at all.

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Make copies of everything you're bringing. Give one set to the judge and keep one for yourself. Sometimes they want to keep the originals.

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Good thinking. I'll make copies of all my pay stubs and documentation tonight.

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The Washington ESD appeal system is actually pretty fair if you have good documentation. Sounds like you have a strong case with the hour reduction evidence.

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I hope so. This whole process has been so stressful but everyone's advice is really helping.

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You got this! Just be honest, stick to the facts, and let your documentation tell the story.

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One more thing - if you don't win at this level, you can appeal to the Board of Appeals. Don't give up if the first decision doesn't go your way.

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Let's hope it doesn't come to that! But good to know there are more options.

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Hopefully you won't need it, but it's there if you do. Good luck with your hearing!

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Update us after your hearing! We're all rooting for you. Sounds like you have everything you need to win this appeal.

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Will do! Thank you everyone for all the helpful advice. I feel so much more prepared now.

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We've all been there. The unemployment system is confusing but forums like this help us all figure it out together.

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