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Fired for 'performance issues' but suspect retaliation - will ESD deny my UI claim?

Just got fired from my management position after raising concerns about some questionable practices. They're claiming I 'couldn't perform job duties' after 6 months, but I've received zero negative feedback until I spoke up about compliance issues. I'm a single parent with no income now and trying to navigate unemployment while looking for an employment attorney. My questions about ESD: 1. Will being fired for 'performance' automatically disqualify me from benefits? (Previously I've only been laid off - never fired) 2. My previous UI claim from before this job ends October 15, 2024. When I tried reopening that claim, it said 'benefits exhausted' since I used them up in March. Should I file a new claim now or wait until Oct 15? 3. There's no option for 'retaliation' when explaining termination reason. Should I upload a separate statement explaining what happened? Any advice from people who've navigated termination vs. layoff with ESD would be really helpful. Also, if anyone knows employment attorneys who don't charge $400+ just for initial consultation, I'd appreciate recommendations.

To answer your question about income during adjudication - I was in limbo for those 6 weeks. No benefits while they investigated. I picked up some gig work (DoorDash, etc.) but had to report that income on my weekly claims. Once approved, I got backpay for all weeks claimed minus the partial earnings I reported. Make sure you're claiming every week even if you're in adjudication! That's super important. And be prepared that your former employer will likely contest your claim with their version of events. Stay factual in your responses.

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This is really helpful. I'll keep filing weekly claims and look into some temporary gig work. Thank you!

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One thing no one has mentioned yet - when you're in adjudication, an ESD adjudicator will contact both you and your employer separately to get statements. This is your chance to clearly explain the retaliation situation. Be ready for that call and have your timeline and documentation handy. They'll typically give you a scheduled time for the call. If they can't reach you during that scheduled time, it can significantly delay your claim or even result in a denial based solely on your employer's statement. So keep your phone handy and check your ESD correspondence regularly. Also - you mentioned being a single parent. Make sure to check into other assistance programs like TANF and SNAP while waiting for UI benefits to be approved.

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this is super important!! my roomate missed his call and it took ANOTHER 3 weeks to get rescheduled. total nightmare

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401K withdrawal reporting to ESD - key facts I wish I knew sooner

Just finished a frustrating month-long battle with ESD about my 401K withdrawal and wanted to share what I learned for anyone dealing with the same issue. Here's what I wish someone had told me earlier:\n\n- 401K lump sum withdrawals are NOT considered reportable income for unemployment purposes (this contradicts what my former HR told me)\n\n- When ESD sent me that letter saying I "could request an interview" I had no clue HOW to actually request one. Turns out you need to upload a document specifically requesting the interview through the adjudication notice in your ESD account\n\n- I stalled on submitting the questionnaire because some questions didn't apply to my situation. BIG MISTAKE. The adjudicator told me I should have just completed what I could and submitted it anyway\n\n- IMPORTANT: The messaging system in the ESD portal is practically worthless for time-sensitive issues! Messages go into a massive backlog. Even though it creates a timestamp (which helped prove I tried to respond by the deadline), the adjudicator didn't see my message until AFTER she called me\n\nHope this helps someone else avoid the nightmare I went through trying to navigate this process while bills kept piling up. The system seems designed to trip people up rather than help.

For responding to those ESD letters, I've found it helpful to both upload documents AND call in (if you can get through). The key is to make sure your responses are associated with the specific issue ID number on the notice. Each adjudication issue has a unique identifier, and if you don't reference it correctly, your response might not get matched up properly.

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That's a great point about the issue ID number! The adjudicator mentioned that one of my uploads wasn't initially connected to my case because I hadn't referenced the specific issue number correctly. Documentation is definitely key throughout this whole process.

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ESD calculated my benefit amount at HALF my previous rate - union worker possible error?

I'm a union tradesman and recently had to file for a new unemployment claim. My previous claim in 2022 qualified me for the maximum weekly benefit amount because my work hours were reduced due to COVID. Now in 2025, I'm working on-and-off again but when I filed my new claim, ESD is telling me my benefit amount will only be HALF of what I received before! I've been checking my wage records and nothing makes sense - I've been making more money, not less. The quarters they're using for calculation show decent earnings. Has anyone else run into this issue where ESD suddenly calculates a much lower benefit amount on a new claim? Could this be an error with how they're calculating union work? I'm worried I'm missing something obvious here but the online system gives almost no explanation.

UPDATE: I finally got through to ESD! Turns out there were TWO issues: 1) They were using quarters that included my injury period, and 2) One of my union employers hadn't properly reported all my wages. The agent helped me request an alternate base year calculation AND file a wage correction. She said my benefit amount should increase substantially once these are processed. For anyone having similar issues - check both your base year AND make sure all your wages were properly reported!

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That's great news! How long did they say it would take to process the corrections?

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They said the alternate base year request should be processed within 5 business days, but the wage correction could take 2-3 weeks because they have to contact my employer to verify. Still, at least it's being fixed!

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so did they let u choose which quarters to use or do they just automatically use the most recent ones for alternate base year?

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For the alternate base year, ESD uses the 4 most recently completed calendar quarters before you filed your claim. You don't get to pick and choose specific quarters - it's a defined period. The standard base year is the first 4 of the last 5 completed quarters, while the alternate base year is the last 4 completed quarters.

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ESD question: Reporting summer pay from expired 85-day teaching contract - not severance

I'm in a weird unemployment situation and not sure how to report my income correctly to ESD. I was hired on a short-term teaching contract for the final 85 days of the school year. The position has been eliminated for next year, so I don't have a job for the 2024-25 school year, but my district is still paying me through summer (they're stretching my pay over 5 months). When filing for unemployment, how do I report this summer pay? It's not severance, vacation, holiday, or any of the other options ESD lists. It's just my regular pay being distributed over summer months even though I'm not actually working. Will this disqualify me from benefits until the payments end? Anyone dealt with something similar?

She had to call once because her claim was in adjudication for almost 3 weeks with no update. The agent was actually really helpful and pushed it through after verifying her documentation. Definitely call if you don't see movement after 2-3 weeks!

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good luck calling ESD lol... took me 4 days of trying and getting hung up on before I got through

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Thanks everyone for all the helpful advice! I'm going to file my initial claim, report my summer payments as wages, answer NO to reasonable assurance, and keep doing my job searches every week. I'll update here if I run into any issues or if I learn anything that might help others in similar situations.

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Good plan. Just remember that your benefit year will start when you file, so don't wait too long to file your initial claim, even knowing you won't receive payments until your summer pay ends. And don't forget those 3 job search activities each week!

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ESD claim stuck pending for 2 months - governor's office contact needed urgently

I'm literally at my wit's end with this whole ESD nightmare!!! My claim has been stuck in pending status for almost 2 months now with ZERO communication from anyone. I've called the regular ESD number like 50+ times but either get disconnected or told someone will call me back (spoiler alert: NOBODY EVER DOES). I've uploaded all my documents, answered every alert, and done everything they asked. My savings are completely gone and I'm about to miss another rent payment. Someone told me I should contact the governor's office since they can sometimes help push claims through. Does anyone have that number or know if this actually works? I'm desperate at this point and will try ANYTHING. Thanks in advance.

One other thought - check your spam/junk email folders carefully. ESD has been sending some communications from new email domains in 2025 as part of their system upgrade, and many email providers are flagging them as spam. I've seen several cases where claimants missed important adjudication interview notices because they went to spam, which then caused extended delays in processing.

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Zane Gray

Author

That's a great point! I just checked all my spam folders going back three months and unfortunately don't see anything from ESD that I missed. But I'll keep checking daily and also adjust my spam settings to make sure I don't miss anything going forward.

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