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Aisha Khan

What to say at Washington ESD unemployment appeal hearing - need advice

I have my unemployment appeal hearing next Thursday and I'm honestly terrified. Got disqualified because they said I quit voluntarily but that's not what happened at all. My supervisor was creating a hostile work environment and I had to leave for my mental health. I tried to document everything but I don't know if I have enough proof. Has anyone been through one of these Washington ESD hearings before? What should I expect and what exactly should I say to the judge? I can't afford to lose this appeal.

The key is being organized and sticking to facts. Bring any documentation you have - emails, texts, witness statements, medical records if relevant. The hearing officer will ask you to explain why you left your job. Focus on how your employer's actions made continuing work impossible, not just difficult.

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Should I mention the anxiety attacks I was having? I have some doctor visits from that time period.

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Absolutely, medical documentation supporting that the work environment affected your health strengthens your case for good cause.

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Been there, it's nerve wracking but not as bad as you think. The hearing officer is usually pretty fair. Just tell your story chronologically and don't ramble. If you tried to resolve the issues with your employer first, make sure to mention that.

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I did try talking to HR but they basically ignored me. Is that worth mentioning?

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Yes! Shows you tried to fix the situation before leaving. That's important for proving good cause.

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If you're having trouble getting through to Washington ESD for any last minute questions about your hearing, I found this service called Claimyr that actually gets you connected to real agents. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Might be helpful to clarify any procedural questions before your hearing.

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Never heard of that but anything that gets you through to ESD sounds worth trying.

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Thanks, I'll check it out. I did have some questions about what documents I can submit.

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OMG I had mine last month and won! The hearing officer asked me to explain step by step what happened. Then my former employer got to respond and ask questions. Then I could respond to their claims. The whole thing took about 45 minutes. Have your timeline ready and practice explaining it clearly.

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That's so encouraging! How long did it take to get the decision?

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About 10 days. The decision came by mail and they also updated my online account.

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Congrats on winning! These hearings are so stressful but sounds like you were well prepared.

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Make sure you understand the difference between voluntary quit and constructive discharge. If your working conditions were so bad that a reasonable person would have quit, that can be considered involuntary separation even if you technically resigned.

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I think that might apply to my situation. The harassment was getting worse and worse.

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Document specific incidents with dates if possible. Pattern of behavior is key for constructive discharge claims.

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Mei Lin

Don't forget your employer will probably have their lawyer or HR person there. They might try to make you look bad or twist your words. Stay calm and stick to the facts. If you don't know something, it's okay to say 'I don't recall' rather than guessing.

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Will they really have a lawyer? That makes me even more nervous.

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Mei Lin

Not always, but larger companies often do. Don't let it intimidate you - you have just as much right to be heard.

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You can bring a representative too if you want, like a lawyer or advocate.

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Practice your opening statement. You'll get a chance to present your case first usually. Keep it under 5 minutes and hit the main points - what happened, when, why you had to leave, what you tried to do to fix it first.

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Good idea, I should definitely practice this out loud beforehand.

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Yes, and if you have friends or family who can do a mock hearing with you, even better.

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The system is so rigged against workers it's not even funny. I lost my appeal even with tons of evidence because the hearing officer clearly favored the employer. Hope you have better luck than I did.

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That's really discouraging to hear. Did you consider appealing to the next level?

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Yeah I did appeal to the Board of Appeals but lost there too. Took months.

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Every case is different though. Don't let one bad experience discourage you from presenting your case.

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Bring copies of everything! The hearing officer, your employer, everyone needs copies of any documents you want to reference. And if you have witnesses who can't attend, see if they can write a statement.

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How many copies should I bring? There's quite a bit of documentation.

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I'd say at least 3-4 copies of everything. Better to have too many than not enough.

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If your hearing is by phone, test your phone connection beforehand and make sure you're in a quiet place. Nothing worse than technical difficulties during your hearing.

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Mine is in person thankfully, but good advice for others reading this.

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Phone hearings are actually pretty common now. Audio quality can make or break your case.

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Remember the burden of proof is on Washington ESD to show you're not eligible. You just need to present reasonable evidence that you had good cause to quit. Don't feel like you have to prove beyond any doubt.

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That's actually really helpful to know. I was feeling like I needed 100% proof.

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Nope, just need to show it's more likely than not that you had good cause. Much lower standard.

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I used Claimyr recently to get through to ESD about my appeal status and it worked great. Way better than sitting on hold for hours. Really helped me understand the process better before my hearing.

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I might try that, I still have some questions about the hearing procedure.

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Good to know there are options for actually reaching someone at ESD.

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Take notes during the hearing! You might want to reference something that was said earlier, especially if your employer contradicts themselves.

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Smart thinking, I wouldn't have thought of that.

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Also helps you stay focused and engaged during the whole process.

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Don't get emotional even if your employer says things that make you angry. I know it's hard but staying professional will help your case more than getting upset.

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This is going to be the hardest part for me. They really hurt me and I'm still angry about it.

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Channel that anger into being thorough with your documentation and preparation. That's the best revenge.

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Maybe practice some deep breathing techniques before the hearing to help you stay calm.

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If you're arguing constructive discharge, look up the specific legal standard Washington uses. I think it's whether the working conditions were so intolerable that a reasonable person would resign.

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Where can I find the specific legal standard? Is it on the ESD website?

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Check the Washington Administrative Code or call ESD to ask for the exact wording they use.

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Dress professionally even if it's a phone hearing. It affects how you feel and present yourself, which comes through in your voice.

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Good point, I was planning to dress up anyway since mine is in person.

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Psychology really does matter. Feeling confident helps you sound more credible.

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After the hearing, you can still submit additional documents if you realize you forgot something important. There's usually a deadline though, so act fast.

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That's good to know in case I forget something important in the moment.

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Yeah, nerves can make you forget things. The hearing officer should mention this option at the end.

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My biggest regret was not using Claimyr earlier in my case. Could have saved me weeks of stress trying to get answers from ESD about my appeal. The phone system is just brutal without help.

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I keep hearing about this service, sounds like it really works for people.

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Wish I had known about options like this when I was dealing with my claim issues.

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You got this! I was terrified too but the hearing officer was actually really patient and fair. Focus on telling your truth clearly and you'll do fine.

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Thank you for the encouragement, I really needed to hear that today.

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Just remember they hear these cases all day. They know when someone is being honest versus trying to game the system.

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Last tip - if you win your appeal, your benefits should be released within a few days to a week. Don't panic if it takes a bit for the system to update.

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Hopefully I'll need this advice! Trying to stay positive about the outcome.

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Good luck with your hearing! Sounds like you're well prepared.

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