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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.
To follow up on my earlier comment - yes, when I finally got through to an agent, they resolved my issue immediately. The agent told me they had been waiting for verification from my previous employer, but they never received it. The agent was able to make some calls and verify my employment details right then, and my claim was approved the next day. Payments for all back weeks showed up in my account about 3 days later. Seriously though, the key is getting through to an actual person at ESD who can look at your specific claim details and take action.
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!!
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!
Luca Russo
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!!!
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Yuki Kobayashi
•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!
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Zara Mirza
•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.
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Ethan Moore
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.
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Sean Kelly
•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.
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