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not to be mean but i think the rules say you cant leave your labor market area while on unemployment... my cousin got caught with this too
You're right, and we probably should have checked the rules more carefully. I just wish there was more flexibility for situations like visiting dying family members, especially during periods when there's literally no work available anyway.
If you appeal, GET EVERYTHING IN WRITING from his employer about the work situation!!! I lost my appeal because I didn't have written proof that there was no work available during my time away. The judge was completely unsympathetic even though I was telling the truth. The system is RIGGED against workers!!
That's a good point. I'll ask my husband to get something in writing from his boss confirming there was no work during that period. Did you use a lawyer for your appeal, or did you represent yourself?
I represented myself and REGRET IT. The judges are totally biased toward ESD. If I could do it over, I'd at least have talked to the Unemployment Law Project for free advice before my hearing. Look them up - they help people with UI issues.
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hey just wondering did u ever hear back about ur claim??? im in a kinda similar situation (fired for something not related to actual work) and want to know how it went for u
I just filed yesterday, so nothing yet. I'll update when I hear something! The initial confirmation said it could take 2-3 weeks for a decision, but I'm hoping it's faster since my case seems pretty straightforward based on what everyone here is saying.
I went through something similar last year and was approved, but it took about 5 weeks total because my employer contested it. My advice: 1. File online immediately 2. When explaining separation reason, stick to facts without emotion 3. If your claim goes to adjudication, prepare a written statement of exactly what happened 4. Gather any evidence showing the firing was unrelated to job performance 5. Remember that being fired for something outside work hours that doesn't affect your job is NOT misconduct If ESD has questions, they'll contact you for a phone interview. Be prepared to clearly explain the situation and why your actions were reasonable. In my case, the adjudicator specifically noted that my off-duty conduct didn't constitute misconduct because it wasn't related to my work responsibilities.
This is really helpful, thank you! Did you have any documentation from your employer about the firing? My manager told me verbally, and my termination paperwork just says "no longer a good fit" which seems intentionally vague.
My paperwork was similarly vague ("business needs"). What helped me was that during my exit meeting, I sent myself an email right after documenting exactly what my manager said. I also had a text from my supervisor that hinted at the real reason. If you don't have anything in writing, create a detailed timeline with exact dates, who was present, and what was said as soon as possible. Contemporaneous notes like this carry significant weight with adjudicators.
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I want to clarify something important: When an employer doesn't respond, ESD is supposed to make a determination based on the claimant's statement and any other available information. However, they still need to complete their investigation process, which includes verifying your identity, wage information, and reason for separation. If you're approaching the 30-day mark in adjudication, you can request an escalation. Call and specifically ask for your claim to be escalated due to financial hardship. Use those exact words. Also, while you're waiting, make sure you're meeting all requirements for when your claim is (hopefully) approved: 1. File your weekly claims consistently 2. Complete and document 3 job search activities each week 3. Register with WorkSource if you haven't already 4. Check your ESD account and email daily for any communications If you do get denied and need to appeal, you have 30 days from the date of the determination to file your appeal with the Office of Administrative Hearings (OAH).
Thank you for all this detailed information. I'll ask for an escalation due to financial hardship next time I call. I've been doing everything else on your list, so hopefully that will help when they finally review my claim. It's just the waiting that's killing me right now.
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Thanks everyone for the helpful advice! I'm going to skip filing weekly claims until after my severance payment on 9/15, then reopen my claim around 9/16. Sounds like this is the simplest approach and will save me from doing unnecessary job search activities. I'll make sure to keep documentation of my final regular pay and severance payment in case ESD asks for it during the reopening process.
Anastasia Ivanova
my friend works at esd (not supposed to tell anyone lol) but she said they added a bunch of new options to everyone's accounts last month. something about "streamlining the user experience" whatever that means. if u dont have an actual notice u should be fine
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Chloe Taylor
•This is correct. ESD implemented a UI update in February 2025 that standardized the dashboard options across all user accounts. It's part of their new "comprehensive self-service portal" initiative. The standardization means all users see the same options regardless of whether they apply to their specific situation. It's confusing many claimants, but if there's no actual overpayment notice or determination, there's no overpayment to be concerned about.
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Sean Murphy
I just want to clarify something important about overpayments with ESD, since there seems to be some confusion in this thread: 1. Overpayments are NEVER a surprise - they are always accompanied by a formal written determination that explains why the overpayment occurred, how much you owe, and your appeal rights 2. You would have a specific timeframe (30 days) to appeal the determination 3. The waiver application option is separate from an actual overpayment determination 4. ESD has 3 years from the date of payment to establish an overpayment The system update adding this option to everyone's dashboard is unfortunately causing unnecessary anxiety for many claimants. For future reference, always check your ESD message center and mail for official determinations before worrying about dashboard options.
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Ravi Kapoor
•This is incredibly helpful information, thank you! The 3-year timeframe is longer than I realized, but it's good to know they can't just spring it on you without proper notification. I'll keep an eye on my message center and mail. Really appreciate everyone's help with this!
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