One more important thing - when your daughter has her appeal hearing (which will likely be by phone), she should: 1. Be very organized with dates and facts 2. Speak clearly and calmly 3. Answer only what is asked, don't volunteer extra information 4. If she doesn't know something, just say "I don't know" rather than guessing 5. Explain simply that it was a mistake clicking the wrong box, not an attempt to claim benefits inappropriately The Administrative Law Judges generally understand honest mistakes happen, especially with the confusing weekly claim questions.

The whole system is ridiculous. ESD makes their questions intentionally confusing so people make mistakes, then punishes them for honest errors. I've seen so many cases where people check the wrong box accidentally and then get hit with "fraud" accusations. Why don't they have a simple verification process before jumping straight to denial and overpayment?! It's not like retirement income is a secret - they could easily verify this information with other government agencies! The entire UI system is designed to deny benefits rather than help people who actually need assistance.

Just to update you - I checked the most current ESD guidelines, and for 2025, family employment exclusions only apply to certain business structures:\n\n1. Sole proprietorships: Employment of spouses, parents, or children under 18 may be excluded\n2. Partnerships: Employment of partners or their spouses, parents, or children under 18 may be excluded\n3. LLCs and Corporations: Family relationships generally don't matter - employees are employees\n\nSo if your brother's construction company is an LLC or corporation, you should be fine. If it's a sole proprietorship or partnership, there could be issues. You can find this in the ESD Employer Handbook on their website.

That's really helpful! His business is an LLC, so sounds like I should be eligible. I'm going to go ahead and apply today. Thanks everyone for all the advice!

My hearing is next month for something similar. Anyone know if these hearings are still being done by phone because of COVID or are they in-person now? The notice wasn't clear.

Update: I finally managed to get through to someone at ESD! Turns out my employer also submitted some email exchanges showing they had verbally warned me about inventory issues before the written warning. This makes my case harder, but at least now I can prepare better for the hearing. Thanks for all the advice everyone.

I experienced this frustration with ESD last year. If you're certain your husband won't need to claim additional benefits, you can ignore the notice. However, if there's any chance he might need unemployment again soon, it's better to submit the application even if it's late. The most important thing is getting clarity directly from ESD about your specific situation. I struggled for weeks trying to reach someone until I discovered Claimyr (claimyr.com). They helped me get through to an ESD representative in under 20 minutes when I'd been trying for days. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Definitely worth it to get an official answer about your specific situation.

For clarity on the technical aspects of your question: 1. If your husband has exhausted his benefits (used all available funds) AND is not seeking additional unemployment compensation, there is no requirement to respond to the reapplication notice. 2. The notice you received is about the end of the benefit year (the 52-week period from when he first applied), not about the exhaustion of funds. 3. If he's now employed, there's even less reason to respond to the notice. 4. If he might need unemployment again within the next few months, filing a new application now might actually complicate things, as he would need to report his new employment income. 5. The only possible consequence of not responding would be if he was still attempting to claim weekly benefits while having an exhausted claim. Since that's not your situation, you should be fine.

just to share my experience - my claim was denied because I quit "voluntarily" even though it was for childcare. ESD said I should have "explored all other options" first. The appeal took FOREVER and I still got denied! The system is totally rigged against parents who need to care for sick kids!!!! Ugh so frustrating.

Update: I tried the Claimyr service mentioned above and actually got through to ESD! The agent said I should formally request accommodation from my employer in writing first (asking for a temporary leave or shift change) and keep their response. She said I should continue working part-time while the first adjudication resolves if possible. If I absolutely need to quit, I should get detailed medical documentation showing why my daughter needs care during my current work hours specifically. She also suggested applying for Standby status with a specific return-to-work date when my daughter's treatment schedule changes. Thanks everyone for your help!