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What to expect at ESD appeal hearing? Length, employer attendance & decision timeline

I recently got disqualified after ESD claimed I quit without good cause (which isn't true - was more of a constructive discharge situation), so I filed an appeal. My hearing is scheduled for next week, and I'm getting really nervous because I have no idea what to expect. Can anyone who's been through this process tell me how long these hearings typically last? Should I prepare a statement or will it be more of a back-and-forth questioning? I'm also wondering if employers usually show up for these things or if they just send in written statements? And after it's all over, how long until I find out the decision? The financial stress is really getting to me while I wait.

I went through an appeal hearing last fall. Here's what to expect: 1. Hearings usually last 30-60 minutes, but can go longer if complex 2. The Administrative Law Judge will call you at the scheduled time 3. They'll put you under oath at the beginning 4. You'll get to explain your side in detail 5. They'll ask you specific questions about your separation 6. Your employer often does attend - they have the right to question you and vice versa 7. Decisions typically come within 2-3 weeks after the hearing Be prepared with a timeline of events, any documentation of what happened, and specific dates/facts. Don't ramble or get emotional. Stick to facts about why you had good cause to leave. If your employer did something that made continuing work impossible, focus on explaining that clearly.

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Thank you so much for the detailed response! That's really helpful. When you say the employer has the right to question me - is it like a courtroom cross-examination? That makes me even more nervous. And should I have prepared notes in front of me during the call?

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mine was last week only took like 20 mins. employer no showed lol. they said decision in mail within 10 days but havent got it yet

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Oh wow, that's quick! Did the judge seem to lean one way or another during your hearing? I'm hoping my employer doesn't show either, that would make things easier.

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If your case involves constructive discharge, make sure you have DETAILED documentation. I lost my appeal because I didn't have enough proof that working conditions were intolerable. They WILL side with the employer if you can't PROVE specific incidents!!! The system is RIGGED against us!!!

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I've been keeping a journal of incidents for the past year, and have some emails showing my attempts to resolve the issues with HR. Hopefully that's enough documentation. What kind of proof did they say you should have had?

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Former ESD claims adjudicator here. Just to add to the good advice above: - Yes, have notes in front of you - organized chronologically - Prepare a 2-3 minute opening statement explaining clearly why you had good cause to leave - For constructive discharge cases, you need to show you exhausted all reasonable alternatives before quitting - Bring evidence of any policy violations, harassment, or unsafe conditions - Documenting that you complained to management/HR is crucial - Approximately 60% of employers participate in hearings - Currently, decision letters are taking 7-14 days to arrive The hearing will feel formal but less adversarial than a courtroom. The judge will guide the process. When your employer speaks, write down points you want to address so you don't forget them when it's your turn to respond.

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This is incredibly helpful, thank you! I'll definitely prepare a clear opening statement. One more question - do I need to submit my documentation to the judge before the hearing, or can I just refer to it during our conversation?

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I went thru this last month. My hearing was supposed to b an hour but went for almost 3!!!! My employer brought their attorney & HR director & they twisted everything I said. Judge kept asking me the same questions over & over it was so stressful. Got denied anyway. Just be ready for them to try to trip u up. Good luck!!!

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Sorry to hear about your experience. If you feel the judge didn't consider all evidence or made errors, remember you can petition for review with the Commissioner's Review Office within 30 days of the decision. About 15% of appeal decisions get reversed at this level.

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I had my hearing in January and struggled to even get through to a live person at ESD to ask questions before it. I found a service called Claimyr that got me connected to an ESD agent in about 30 minutes when I'd been trying for days on my own. They helped me understand what documents I needed to prepare for my hearing. Might be worth checking out their video demo to see if it could help you: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The website is claimyr.com - definitely made the process less stressful for me.

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Thanks for the tip! I've been trying to call ESD with a few specific questions but keep getting the "high call volume" message and disconnected. I'll check this out for sure.

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when i had my apealing they asked for my side then my boss side it was like 45 mins. got the desicion in like a week and i won cuz they couldnt prove misconduct. just tell the truth and stay calm

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That's good to hear! Congrats on winning your appeal. I'm definitely planning to just stick to the facts and stay calm.

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One more important tip - submit any evidence you want considered at least 24 hours before the hearing (sooner is better). OAH prefers you upload documents through their online portal, but you can also fax them. If you try to introduce new evidence during the hearing, the judge might not accept it unless you can prove you couldn't have submitted it earlier.

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Oh! I didn't realize I needed to submit evidence ahead of time. The notice letter mentions bringing copies to the hearing, but doesn't say anything about submitting beforehand. I'll definitely upload everything to the portal right away. Thanks for preventing a potential disaster!

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my freind said she had panic attac during her hearing and judge gavd her another date. so dont worry if u get nervous they understand

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