Appeal through OAH success story

[u/balloon_for_brains]

I just had my hearing with OAH yesterday and looked at my portal this morning to find that the judge REVERSED the decision by the employment security department to deny my unemployment insurance! Just wanted to share some information regarding the proceedings in case this helps anyone else.

I quit my job on February 13, 2025 after about a month of FMLA. There were some things in my personal life as well as a very high stress job that were terrible for my mental health. I had another job lined up to start February 25, 2025, but could not proceed with that job due to the life circumstances and I had to move 2 1/2 hours away. I applied for unemployment a couple weeks after separation and have been filing claims weekly and doing three job search activities per week.

I received a denial of my unemployment claims on April 13, 2025 because they said I didn’t have a bona fide reason to quit, specifically stating that I did not have a confirmed start date with the new job. In my unemployment application and in the appeal that I filed the same day as denial, I listed the poor working conditions that made it so I couldn’t take rest or meal breaks, even having accidents because there was no time to use the restroom.

During my hearing yesterday, I leaned heavily into the illegal activity happening in the workplace and that according to RCW 50.20.050 2b(ix), I left work because of the inability to take rest or meal periods, which is an illegal activity according to WAC 296-126-092. I informed the judge that I had notified my employer every six months during my performance and engagement interviews that I was not getting breaks, so they had ample time to correct the activities, but never did. This substantiates a bona fide reason to quit. My previous employer did not show up to the proceedings, so my version of events was the only thing entered into the record.

All this to say, research the laws and find anything in your employment that could support your case. I’m really looking forward to the back payments, as long as my previous employer does not appeal the decision within the 30 day window. This subreddit was so helpful in preparing for the case! Thank you Mods!!!

[u/SoThenIThought_]

You were filing your weekly claims while you waited for the appeal, right?

[u/balloon_for_brains → u/SoThenIThought_]

Correct!

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[u/balloon_for_brains → u/[deleted]]

Yes, the letter uploaded by OAH goes into more detail on why they reversed ESD’s decision - illegal activity surrounding breaks supports my decision to quit, so I am entitled to unemployment insurance.

[u/Ashamed-Refuse-2814]

I’m waiting to hear back from OAH about my hearing. Is it a video call and what should I expect ? I’m a little nervous about it

[u/balloon_for_brains → u/Ashamed-Refuse-2814]

I received my notice of hearing 8 days after my appeal was received by them. On that notice, which is uploaded to a portal as well, it has a phone number you call 5 minutes before your hearing. My hearing was scheduled for about 2 weeks after the notice of hearing was available. It’s just an audio call with the judge and your former employer (if they show, which mine didn’t) which is recorded. The notice of hearing has examples of questions you should be able to answer, and applicable laws to your case. The judge has 5 business days to upload an initial order. I received my payments for all the weeks I filed about 3 days after the order was available. I hope this helps you understand what to expect!