Our goal is to give you the most up-to-date and accurate information about your state’s unemployment rules. The date you see here reflects the most recent time we’ve verified this information with your state’s department.” behavior=”click”][/su_tooltip][/su_highlight]
You have the right to appeal any adverse decision the state makes against you. If you disagree with a decision, you have 30 days in which to file an appeal of that decision to the Office of Administrative Hearings (OAH). If your appeal is late, you will have to show the state a good cause to accept your appeal. If you cannot, the state will dismiss the case.
The OAH is not a part of the ESD. The ESD will forward your appeal to the OAH.
When you receive your letter of determination, it will include instructions on how to appeal the decision. It is important to note that you will be required to submit detailed information as to why you are appealing and you may be asked to complete a phone interview. The information you need to include:
- The reason for the appeal
- The date of the decision you are appealing
- Your name and social security number
- Current contact information
- Any documents you think will help make your case
- The names of any witnesses you will need to testify on your behalf
- Any other accommodations you will need (language assistance, etc)
You must sign your letter.
You can submit your written appeal to:
Claims Center Appeals
P.O. Box 19018
Olympia, WA 98507
Or Fax: 800-301-1795
Preparing for the Appeal
The hearing is similar in some respects to a trial; however, the proceeding is much less formal. An administrative law judge will preside. Your former employer will receive notice of the hearing and has the right to appear and present a case. The OAH will hold the hearing over the telephone in a conference call. You will receive a Notice of Telephone Hearing that will include the date, time and the number you need to call.
Right to Representation
You have the right to have someone represent you at the hearing. Many claimants who appeal forgo this right and represent themselves. However, you can hire an attorney or have a friend represent you.
Witnesses
You have the right to have a witness testify on your behalf. Your witnesses should have first-hand knowledge of the events surrounding your separation from work. You have to make sure your witnesses have all the information they need to participate, including the telephone number to call if they will not be with you during the hearing.
Evidence
You may present relevant business documents, audio or video evidence during the hearing. You may also present medical documents signed by a medical professional. You must make sure that the opposing party and the judge have access to any documents you will present prior to the start of the hearing. If you don’t get them to the OAH in a timely manner, the judge may prevent you from presenting them at the hearing.
Scheduling
When you receive the notice, check for scheduling conflicts. You must notify the OAH of any unavoidable scheduling conflicts. The judge will decide whether to reschedule the hearing. The judge may accommodate conflicts like starting a new job or jury duty. You have up until 24 hours prior to the call time in which to reschedule. You must have an emergency need to reschedule after that time.
The Hearing
Call in to the hearing on time. If you are significantly late, the judge may hold the hearing without you or allow the ESD’s original decision to stand.
The judge will swear in both parties and give instructions on how the hearing will proceed. The judge will decide the order of testimony, and may base the order on the issue at trial. If the issue is a discharge, the employer may go first. If the issue is a quit, you may go first.
The proceedings will be much like a court trial from that point. Both parties will have a chance to present testimony and evidence. Both parties may question the other party about testimony when the judge allows it. The judge may ask questions at any time. At the end of the hearing, both parties may have an opportunity to make closing statements.
The judge will mail the decision some time after the hearing. If you disagree with the judge’s decision, you may appeal to the Commissioner’s Review Office.
Read about how to prepare for a hearing in this OAH document.
Denies benefits in Aug 2017.for not being on out of work list at union, THE UNION ONLY REQUIRES ME TO BE ON THAT LIST FOR 24HRS PRIOR TO DISPATCH..I have never gotten a job from out of work list.I went back to work within 2 weeks. I have documents to support that. And I’m still denied. Kinda hard to justify a denial for not actively seeking employment, when I was hired by another company. All I have to do is get a phone # from the union and get myself referred. There is no list for me.. I earned that.. and no one in unemployment office can explain to me what the out of work list is, who it’s for, how many people are on it.I was current on my dues, that’s the only thing that would keep me from being hired. If you would have asked me instead of requesting if my name was on a list for work that I don’t get jobs from. Since that claim, I have been out if work and filed new claims for 2 weeks in dec,a week in feb,and a week last week. And no I did not put my name on the out of work list.I used that phone call to the union to get another job. Which I did. Like I do every time. That’s called the Alist..I have trade skills that put me in front.the next step is mediation with a judge. And my documents and confirmation from the union, contradicts your claim of me not seeking employment from a list I dont get jobs from. Try and argue that to a judge. It’s my unemployment insurance, I earned it,and I should have access to it. My claims or for a week to two weeks between jobs.that’s what the insurance is for. Not to replace my income, to help me along financially for the week or two I’m out of work. And your reason for dening me, is negligent on your part. I need my benefits paid to me for those weeks.. I’m struggling here trying to get caught up on bills. I was expecting some relief with unemployment. I work too hard to be struggling like this,because you can’t communicate with me,and you misinterpret how I get dispatched for work. My # 2066786455. …SS.3188
I was denied benefits because i quit. I was bullied non stop for years. By the boss and his office employees. I just couldnt take it anymore. Now i have no money coming in and i am very hurt from all this.
You will almost always be initially denied on a quit, especially in this situation. You need to request an appeal hearing at which you can describe and document the bullying and harassment.
Hostile work environment can be good cause for a quit, but generally first you need to address the issue with your employer – in an attempt to preserve the employment – asking them to correct the issues. Only if the employer fails to address this, can you quit. Even then you will be denied and need to appeal to prove your case.
If you still have time, appeal the decision – and proceed to assemble documentation to prove the hostile work environment as described above. Also, consider consulting an employment law attorney or Legal Aid for your appeal hearing – and read this:
https://hkm.com/seattle/hostile-work-environment/
And, immediately, contact your State of WA and county social services people for help with food, housing, medical and other aid available for people in your situation. You aren’t alone in being unemployed.