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Lilah Brooks

What to expect unemployment appeal hearing Washington ESD - first time going through this

My Washington ESD claim got denied last month and I filed an appeal. Now I have a hearing scheduled with an administrative law judge in two weeks and I'm honestly terrified. I've never done anything like this before. What should I expect during the hearing? Do I need a lawyer? The denial was for 'voluntary quit without good cause' but I left because my manager was creating a hostile work environment. I have some text messages and emails that might help my case. Has anyone been through one of these hearings before? What's it actually like?

I went through a Washington ESD appeal hearing last year. Don't panic - it's not as scary as it sounds. The administrative law judge will ask you to explain your side of the story. Make sure you have all your documentation organized - those text messages and emails about the hostile work environment are exactly what you need. You don't necessarily need a lawyer, but having one can help if your case is complex.

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That's reassuring, thank you. How long did your hearing take? And did you win your appeal?

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Mine took about 45 minutes. Yes, I won because I had good documentation showing I was constructively discharged. The judge was fair and really listened to both sides.

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The key thing is to be prepared and organized. Print out all your evidence - emails, texts, any written warnings you received, documentation of the hostile environment. Also prepare a timeline of events leading up to your resignation. The judge will want to understand exactly what happened and why you felt you had no choice but to quit.

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Should I write out what I'm going to say beforehand or just speak naturally?

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I'd recommend writing down key points and your timeline, but don't read from a script. The judge wants to hear your authentic experience.

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I've been through this process twice with Washington ESD appeals. Here's what typically happens: 1) The judge will introduce everyone and explain the process 2) Your former employer (or their representative) will present their case first 3) You'll get to present your case and evidence 4) There might be questions from the judge to both parties 5) Each side gets to make closing statements. The whole thing is recorded and you'll get a written decision within a few weeks.

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Will my former employer definitely show up? They never responded to my initial claim.

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They might not show up, which actually works in your favor. If they don't participate, the judge only hears your side of the story.

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This happened to me - my employer was a no-show and I won by default basically. Still had to present my case though.

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Just went through this nightmare last month. Honestly, the hardest part was getting through to Washington ESD to understand the process in the first place. I spent hours on hold trying to get someone to explain what I needed to do. Finally found this service called Claimyr (claimyr.com) that helped me get through to an actual person at Washington ESD who walked me through the appeal process. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Made all the difference in my preparation.

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Never heard of that service before. How does it work exactly?

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They basically help you get past the busy signals and connect with Washington ESD agents. I was able to talk to someone who explained exactly what evidence I needed for my hearing.

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That's actually really helpful. I remember how impossible it was to reach anyone when I was going through my appeal.

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ugh why is this process so complicated?? I'm in the same boat - got denied and have to do this whole hearing thing. The paperwork alone is overwhelming. Did you guys have to submit evidence before the hearing or can you just bring it with you?

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You should submit your evidence ahead of time if possible, but you can also bring copies to the hearing. Check your hearing notice - it should have instructions about evidence submission deadlines.

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ok thanks, I'll double check my paperwork. This is all so stressful.

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One more important tip - be honest and stick to the facts. Don't exaggerate or get emotional, even if talking about the hostile work environment brings up bad feelings. The judge wants to hear what happened, not how you felt about it. Focus on specific actions and events that made your work situation intolerable.

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That's good advice. I definitely get emotional thinking about how my manager treated me.

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This is so important. I've seen people hurt their cases by getting too worked up during testimony. Stay calm and factual.

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Just a heads up - these hearings are usually done by phone now, not in person. At least mine was. You'll get a call at the scheduled time. Make sure you're in a quiet place with good phone reception. I made the mistake of trying to take the call while my kids were home and it was distracting.

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Good to know! I was wondering if it would be in person or remote.

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Yes, most Washington ESD hearings are by phone now. Some can be done by video conference if you request it.

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For hostile work environment cases, try to show a pattern of behavior, not just isolated incidents. Document dates, times, witnesses if any. Also helpful if you complained to HR or management about the situation before quitting - shows you tried to resolve it first.

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I did complain to HR twice but they basically ignored me. I have emails showing I reported it.

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Perfect! That's exactly the kind of evidence that helps show you had 'good cause' to quit. Definitely bring those emails.

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Don't forget about witnesses! If you have coworkers who saw the hostile behavior, they can testify at your hearing. They don't have to be there in person - they can call in or provide written statements. I had a former coworker who backed up my story and it really helped.

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I have one coworker who might be willing to help. How do I arrange for them to testify?

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Contact the hearing office and let them know you have a witness. They'll tell you how to add them to the call or get their statement submitted.

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The waiting is the worst part honestly. After my hearing it took almost 3 weeks to get the decision. But if you have solid evidence of hostile work environment and you tried to address it through proper channels first, you have a good shot at winning. Washington ESD does recognize constructive discharge as good cause for quitting.

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Three weeks?? I'm already behind on rent waiting for this to get resolved.

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I know, it's brutal. But if you win, you'll get back pay for all the weeks you were denied. That helped me catch up on bills.

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Make sure you understand what 'good cause' means in Washington state. It's not just any reason - it has to be something that would make a reasonable person quit. Hostile work environment can qualify, but you need to show it was severe enough that quitting was your only option.

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Where can I find the specific definition of good cause for Washington ESD?

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Check the Washington Administrative Code (WAC) 192-150-200. It lists all the situations that qualify as good cause for voluntary separation.

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Actually, after using Claimyr to get through to Washington ESD, I learned that you can also request a postponement if you need more time to prepare. I didn't know that was an option initially. The agent I spoke with explained all the procedural stuff that wasn't clear in the hearing notice.

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That's really helpful to know about postponements. I might need that service myself.

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How much does that Claimyr thing cost? Seems like it could be worth it if you actually get to talk to someone.

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It's pretty reasonable considering how much time it saves. Way better than calling for hours and getting nowhere.

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One thing I wish I'd known - you can object to evidence that your employer tries to submit if it's not relevant or if they didn't follow proper procedures. Don't just sit there if they bring up something that doesn't seem right. The judge will rule on objections.

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I wouldn't even know what to object to. This is all new to me.

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Common objections are for hearsay (secondhand information) or documents that weren't properly submitted before the hearing deadline.

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been there done that - won my appeal for hostile work environment last year. The judge really cared about timeline and escalation. Like, did you try to work it out first? Did you give your employer a chance to fix it? Did the situation get progressively worse? Tell the story chronologically and show how you exhausted other options before quitting.

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That's great advice about telling it chronologically. I should organize my evidence that way too.

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Quick question - do we get paid for the time we spend on the hearing call? I'm having to take time off work for this and every hour counts right now.

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No, you don't get paid for hearing time. But if you win, you get back pay for all the weeks you were denied benefits.

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Ok thanks, that's what I figured. Just checking.

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The administrative law judges are generally pretty fair from what I've seen. They understand that most people aren't lawyers and they'll ask clarifying questions if something isn't clear. Don't be intimidated by the formal process - they want to get to the truth of what happened.

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That's reassuring. I was worried about not knowing legal terminology or procedures.

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I tried using that Claimyr service someone mentioned earlier and it actually worked! Finally got through to a Washington ESD representative who helped me understand what evidence would be most important for my appeal. Definitely worth it if you're struggling to get answers.

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I'm glad it worked for you too. Sounds like it might be worth trying before my hearing.

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Final preparation tip: practice explaining your situation out loud beforehand. Time yourself - you want to be concise but thorough. Most judges appreciate when people can clearly explain what happened without rambling. Good luck with your hearing!

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Thank you everyone for all this advice! I feel much more prepared now. I'll post an update after my hearing.

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Please do update us! We're all rooting for you.

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Just remember - the burden of proof is on you to show you had good cause to quit. Don't assume the judge knows why hostile work environment qualifies. Explain clearly how the situation made it impossible for you to continue working there.

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Good point about explaining why it qualifies as good cause. I'll make sure to be explicit about that.

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One more thing - if you lose the appeal, you can still appeal to the Board of Appeals. It's not over after the first hearing. I lost my first appeal but won at the Board level because I had better evidence the second time around.

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Good to know there's another level if needed. Hopefully it won't come to that though!

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Don't forget to check if your hearing is scheduled during regular business hours or if they offer evening/weekend slots. I had to request a different time because of work conflicts, and they were accommodating. Also, make sure you have a backup phone number in case they can't reach you on your primary line - missing the call means you automatically lose. Write down the hearing number and keep it handy during the call so you can reference it if needed.

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This is such helpful practical advice! I didn't even think about having a backup phone number. That would be devastating to miss the call after all this preparation. I'll definitely make sure I have all the hearing details written down and easily accessible. Thanks for thinking of these details that could make or break the whole process.

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