
Ask the community...
Anybody else think its RIDICULOUS that they can fire ppl for medical reasons and then argue against unemployment?? The system is totally rigged against workers!!! My cousin went thru something similar and had to fight for months to get benefits even tho she had cancer treatments!!!
Agreed! The way employers can just discard employees when they have health issues is awful. Workers have so few protections in practice, regardless of what the laws claim. Then they fight your unemployment as if you had a choice in the matter!
To be fair, there are FMLA protections and ADA accommodations that should help in these situations, but they're often poorly implemented or employers find loopholes. For unemployment purposes though, being unable to work due to medical reasons is actually a tricky area because technically you need to be able and available for work to qualify for UI. That's why documentation and timing are so important.
One important distinction: There's a difference between being terminated because you were on approved medical leave versus being disqualified because you're currently unable to work due to medical conditions. If you were terminated for taking medical leave but are NOW able to work, that's generally covered by UI. If you're currently unable to work due to ongoing medical issues, that's typically not covered by regular UI (might need to look into disability instead). Based on your description, it sounds like you fall into the first category - you were terminated for taking leave, but are currently able to work. That's likely why your claim was approved. Just make sure when you answer the weekly claim questions about being able and available, you're answering based on your CURRENT status, not your status when you were terminated.
You've hit the nail on the head. I was terminated for needing extended leave, but I'm fully recovered now and able to work. I've been answering the weekly claim questions based on my current ability to work, which is 100%. This is exactly my situation - terminated for past medical leave but currently able and available for work.
This is usually just a timing issue. ESD's payment system and the banking ACH transfer system don't always sync up perfectly. Here's what's happening behind the scenes: - ESD marks your payment as "paid" in their system when they initiate the transfer - The payment then goes through the ACH (Automated Clearing House) network - Depending on when ESD's daily batch processing occurs, your payment might not actually hit the ACH system until late in the day - If the ACH transfer is initiated after your bank's daily processing cutoff (often around 3-5pm), it won't show up until the next business day I work in financial services and see this confusion all the time. 99% of the time, your money will show up within 1-2 business days after ESD marks it paid. The first two might have shown up same-day because they were processed earlier in ESD's batch cycle. If it doesn't appear by Thursday, then you should contact ESD to make sure they have the correct banking information on file.
Thank you all for the helpful advice! I'm going to file my initial claim tomorrow and make sure I carefully document everything about the harassment complaint, the extended home assignment with no communication, and my attempts to get updates. Based on your suggestions, I'll: 1. Select "quit" but indicate employer actions made continued work impossible 2. Include documentation of all my attempts to resolve the situation 3. Be prepared for a possible appeal if denied initially 4. Consider using Claimyr if I need to speak with an actual person at ESD I'll update this thread once I hear anything about my claim. Wish me luck!
One final piece of advice - when you do get to the adjudication interview (they'll schedule a phone call), be very careful about how you explain your decision to quit. Avoid saying things like "I thought they were going to fire me" as that can be interpreted as quitting to avoid discharge, which usually isn't considered good cause. Instead, focus on: 1. The harassment you experienced 2. The company's failure to provide a timeline for investigation resolution 3. The professional limbo affecting your career progression 4. The emotional/psychological impact of being isolated without communication Stick to facts, dates, and documented attempts to resolve the situation. Good luck!
This is incredibly helpful advice, thank you! You're right that saying "I thought they'd fire me" doesn't sound like good cause. I'll focus on how the extended limbo with no communication was essentially making it impossible to continue employment in any meaningful way. I'll practice explaining my situation clearly before the interview.
Just to summarize what everyone's been saying: 1. Your Social Security won't reduce your ESD unemployment benefits (regardless of what some confused adjudicators might think) 2. Your unemployment benefits might affect your Social Security if you're under full retirement age and exceed the annual earnings limit 3. Answer all application questions honestly - if they ask about retirement income, list your Social Security 4. If they incorrectly reduce your WBA because of Social Security, appeal immediately Hope this helps, and good luck with your claim!
To answer your follow-up question about job search requirements - yes, he needs to start looking for work and recording his job search activities immediately. There is no automatic standby period when a business closes. He needs to complete at least 3 job search activities each week and document them. The only exceptions would be if: 1. He's in an approved training program 2. He specifically applies for and is granted standby status (typically for temporary layoffs where the employer plans to recall workers) 3. He has a definite return-to-work date within 4 weeks from an employer Since the business closed entirely, #2 and #3 wouldn't apply. So yes, job search requirements are in effect from week one.
Also if ur worried about waiting too long make sure he answers those fact-finding questionares ASAP. I got one about my job search activities that took me 3 days to notice and it delayed my claim by like 2 weeks!!
I hate to say it, but 14 weeks is a long time even by ESD standards. If nobody is giving you a straight answer, you might want to consider filing for an adjudicative hearing. You have the right to appeal the "non-action" on your claim. It sounds extreme, but sometimes filing the appeal paperwork is what finally gets someone to look at your claim. Go to your eServices account, look for the "Submit an Appeal" option, and in your explanation say you're appealing the unreasonable delay in processing your redetermination. Include that it's been 14 weeks, you're facing eviction, and you've made multiple attempts to resolve it through normal channels. This creates a formal legal timeline that ESD has to respond to. I've seen it work when nothing else would.
I didn't realize I could appeal a delay - I thought appeals were only for denials. This is really helpful! I'm going to try this right away. How long did the appeal process take in the cases you've seen? I'm worried this will just add more waiting time.
In my experience, just filing the appeal often gets results before you even get to an actual hearing. Once you file it, someone has to review it to prepare for the hearing, which means they finally look at your claim. I've seen claims suddenly get processed within 1-2 weeks after filing an appeal. The system prioritizes appeals because they have legal deadlines attached to them.
UPDATE: I tried calling the main ESD number this morning at exactly 8:00am and asked for a Tier 3 specialist like someone suggested. After being transferred twice, I finally got someone who actually gave me some useful information! Apparently my former employer's final quarterly tax report showed different wages than what I reported on my application. Since the company went out of business, they're having trouble verifying which numbers are correct. The agent put a note in my file flagging it as a hardship case and said a specialist would review it within 5 business days. I'm also going to try the Claimyr service that was mentioned and file that appeal just to cover all bases. Thank you all for the suggestions - this has been the most progress I've made in months!
That's great news! When there's a wage discrepancy involving a closed business, having it marked as a hardship case can make a big difference. One more tip: if you have any pay stubs, W-2s, or bank statements showing deposits that can verify your wages, upload those to your eServices account right away. That can speed up the verification process.
One thing to remember is that banking holidays can affect the timeline too. For example, if Monday is a banking holiday, everything gets pushed back a day. I learned this the hard way during President's Day when I was expecting payment on Wednesday but didn't get it until Thursday.
ppl on here keep saying file online but tbh the phone system never crashes. website is always down for maintenance right when i need to file 🙄
Just to add to what everyone else is saying - I know someone who tried to be clever and filed in both states thinking they'd get whichever approved first... ended up getting flagged for potential fraud and had to deal with investigations in both states. DON'T DO THAT lol. Stick with Oregon since that's where you worked.
One more thing I forgot to mention - make sure you're looking at Oregon's rules for their waiting week. When I filed my interstate claim, I had to serve a waiting week in Oregon before benefits started. Just something to budget for if you're tight on cash right now.
have u tried calling ur state representative? thats what i did and they contacted esd for me and fixed everything in like 3 days. look up who ur rep is and call their office
Kristin Frank
That's great news! Make sure to have your phone nearby during business hours so you don't miss their call. Adjudicators typically only make 1-2 attempts to reach you before making a determination based on the information they have. If you miss their call, they should leave a voicemail with a direct callback number.
0 coins
Seraphina Delan
Thank you - I'll keep my phone with me at all times. I really appreciate everyone's help here!
0 coins