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does ne1 know if theres a seperate # for overpayment issues?? i got a letter saying i owe $4200 back and i NEED to talk to someone!!
Just wanted to update - I called 43 times this morning starting exactly at 8:00 am and FINALLY got through to someone at 8:37. The rep was actually super helpful and fixed my issue in 10 minutes. So keep trying!!!
The whole ESD appeal system is designed to favor employers. I had PERFECT documentation and still lost because the ALJ (Administrative Law Judge) decided my boss was "more credible" despite having zero evidence. The system is rigged, I'm sorry to say. Don't be surprised if you lose even with good evidence. I'm still fighting my case 8 months later. Appealed to Commissioner's Review Office but they rubber-stamp everything.
While some people do have negative experiences, I wouldn't say the system is entirely rigged. In fact, statistics show that claimants win a significant percentage of appeals, especially when they have documentation. Your individual case may have had specific issues, but making blanket statements that the system is designed to favor employers isn't accurate or helpful to someone preparing for a hearing.
Update: I just finished my hearing and I think it went well! The judge was super professional and didn't let my ex-boss interrupt me. When she tried claiming I was "insubordinate," the judge asked for specific examples and dates, and she couldn't provide any. He also accepted my last-minute evidence submission. I made sure to ask questions when it was my turn, just like you all suggested. I asked why the reason for my termination changed three times in her statements to ESD, and she got really flustered. The judge noticed that too. Now I just have to wait for the decision. Thank you all SO MUCH for your advice - I felt much more prepared and confident than I would have otherwise. Will update when I get the ruling!
My nephew went through something sort of similar last year but it was for a different reason than medical, his car broke down and he couldn't get to work for a few days and they fired him. But anyway his OAH hearing was scheduled after about 5 weeks and then it was another 3 weeks until the actual hearing happened. He ended up losing his case though because they said transportation issues aren't a qualifying reason. But medical issues are totally different so you should be fine I would think especially if you have all the documentation like you said.
You're right that medical issues and transportation issues are treated very differently under unemployment law. Medical issues with proper documentation can qualify as good cause for missing work, while transportation problems generally don't unless there were truly extraordinary circumstances beyond normal car troubles.
anybody else feel like the whole system is designed to frustrate us into giving up? like why should it take 2+ months to get a hearing for something this straightforward? not everyone can wait that long without income
EXACTLY!!! That's what I've been saying. The entire system is RIGGED against workers. They WANT you to give up so they don't have to pay you what you're legally entitled to. It's all about saving money for the state, not helping people who paid into the system. It's disgusting.
There's definitely room for improvement in the system, but the delays are often due to the sheer volume of cases. OAH processes appeals for many state agencies, not just ESD. While it doesn't help your immediate situation, many appeals are successful - about 30-40% of denials get overturned when appealed, which shows the system does work, albeit slowly.
Getting through to ESD to ask this kind of question is practically impossible these days. I spent THREE DAYS trying to reach someone about a similar issue last month. Their phone lines are constantly busy, and when I finally got through, I was on hold for over 2 hours before being disconnected! I finally used Claimyr (claimyr.com) to get through to an ESD representative. They have this service that basically waits on hold for you and calls you back when an agent is available. Saved me so much frustration! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 This is definitely a question where you want an official answer from ESD rather than risking your appeal over advice from the internet (no offense to anyone here).
Fernanda Marquez
Yes, you'll receive copies of any response your employer submits. The Commissioner's Review is less formal than the hearing process but still follows procedural rules. To answer your earlier question - yes, you should attach relevant documentation to your message. Include: 1. A copy of your hearing decision (with docket number) 2. Any evidence that supports your position 3. A clear explanation of why the judge's interpretation was incorrect Keep in mind that you generally can't introduce new evidence that wasn't presented at the original hearing. The review focuses on whether the judge made legal errors based on the evidence already presented.
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Axel Bourke
•Thank you so much. I'm going to prepare everything tonight and submit through the secure message center tomorrow. I really appreciate everyone's help!
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Aidan Percy
Let us know how it goes! I've got my fingers crossed for you. The whole unemployment system feels designed to wear people down until they give up. but stay persistent!!
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Axel Bourke
•I definitely will update once I hear anything. And you're right - it does feel designed to be confusing and frustrating. I almost gave up but I'm glad I asked here!
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