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ESD adjudication for performance-based termination - stuck waiting since 8/15
I got laid off due to 'not meeting targets' at my sales job, and filed for unemployment on August 2nd. Been faithfully submitting my weekly claims since then. When I filed initially, there was an upload section asking for my side of the termination story. I explained honestly that I was let go for job performance issues - couldn't hit the crazy new quotas they implemented. My claim has been sitting in adjudication since August 15th with zero movement. Has anyone dealt with performance-based terminations before? How long should I expect to wait before I get a determination? My savings are getting dangerously low and rent is coming up soon.
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ESD adjudication date changed - still pending for 3 weeks. Good sign?
I filed my initial unemployment claim on January 31, 2025 and submitted all the requested documentation on February 5th. That same day my claim showed 'adjudication in progress', but I just noticed the adjudication date has changed to February 13th. I've had three weekly payments stuck in pending status now with no money coming through. Is the date change actually a good sign? Does this mean they're actively working on my claim? I'm getting anxious since my savings are running low and rent is coming up. For anyone who's gone through this recently - how long did it take from adjudication to approval/denial? And once approved, do pending payments get released right away or is there another wait? Thanks to anyone who can share their experience!
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my adjuducation took 12 weeks in 2024 it was TERRIBLE i had to use all my savings and max out credit card! the whole system is broken!!!! when i finally got someone on phone they approved me in 5 minutes like why did it take 12 weeks then????????
This is why it's so important to reach an actual human at ESD. Sometimes claims get stuck in digital limbo and just need someone to look at them. Did you get backpay for all those weeks you were waiting?
Update: I finally got through to ESD this morning after trying for 2 hours. The agent said my claim looks good but is waiting for employer response. They have until Feb 28th to respond, and if they don't, ESD will make a determination based on my documentation alone. She flagged my claim with financial hardship since I explained my situation. Fingers crossed this moves things along!
That's great news! The financial hardship flag should help speed things up. Once they make a determination, the pending payments usually process within 48 hours. Hang in there!
ESD disqualified my claim without explanation - uploaded firing proof but stuck in limbo
I'm absolutely baffled right now. Just filed my second weekly unemployment claim and both weeks are showing as 'disqualified' but there's NOTHING in my decision status explaining why! No letters in mail, no notifications, nothing! I did notice under 'upload documents' it was requesting proof for my termination, so I uploaded screenshots of the text message from my manager and the termination letter from HR. That was 3 days ago and still nothing has changed. The system isn't giving me any option to appeal either! Has anyone dealt with this before? How long does it typically take ESD to process these documents? Am I missing some other step I need to take? Getting really worried about bills piling up while I wait. 馃槴
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they took foreeeever with my claim too. like 6 weeks!! but i got all my backpay once they approved it so just hang in there! the waiting is the worst part but at least the money comes eventually
Update: We're seeing a lot of similar cases recently. ESD appears to be scrutinizing termination cases more carefully in 2025. Make sure the documents you uploaded clearly demonstrate you were terminated without misconduct. If your termination was part of a larger layoff or reduction in force, providing documentation that shows others were also let go at the same time can be helpful. Many claimants are seeing 3-4 week adjudication periods for termination cases right now.
Thank you for this insight! I did upload the company-wide email about the department restructuring along with my termination letter, so hopefully that helps make it clear this wasn't a for-cause termination. I appreciate everyone's help - feeling much less panicked now that I understand the process better!
Brief Adjudicative Proceeding vs Telephone Hearing for ESD overpayment - which is better?
Just received a notice in the mail about a Brief Adjudicative Proceeding for my ESD overpayment dispute. I've been battling with ESD for the past 14 months over a $5,200 overpayment demand where they're claiming I misreported my hours (which I absolutely did NOT do). I've already gone through two telephone hearings in the past with mixed results, and now I'm wondering if switching to this Brief Adjudicative Proceeding might be better? Has anyone gone this route instead of the telephone hearing? What was your experience like? Did you feel like you got a fair shot to present your case? I'm so exhausted from this whole process and just want it resolved in my favor since I've provided all documentation showing I reported everything correctly.
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Has anyone mentioned the burden of proof yet? In BAP hearings (and regular appeals too), the burden is on ESD to prove you were overpaid, not on you to prove you weren't. Make sure to emphasize that in your written statement if you go the BAP route. Don't just defend yourself - directly challenge whether they've met their burden of proof with actual evidence (not just their system assumptions).
Excellent point about burden of proof. This is often overlooked and can be a powerful argument in overpayment cases. ESD must have specific evidence of misreporting, not just inference based on their internal calculations.
I didn't even think about this aspect! I've been so focused on defending myself that I didn't consider challenging them to prove their claim. Thank you for this perspective!
UPDATE - I just wanted to share that I got my BAP decision today and ESD has COMPLETELY dropped the overpayment!!! All that stress for nothing! The review officer specifically said my documentation clearly showed I reported everything correctly. So glad I went with the BAP instead of another phone hearing!
That's amazing news! Congratulations! You've given me hope that this nightmare might actually end in my favor too. I'm definitely going forward with the BAP approach now.
Fired after 2 months for sick days - can I get ESD benefits?
I'm feeling pretty shocked right now. I started a new job only 2 months ago and yesterday I was terminated because I had to call out sick for 3 days (had a really bad flu). My manager said the termination was due to my "excessive absences" but here's the thing - I was never given ANY warning about attendance policies, never received any write-ups, and they never even mentioned they were concerned about my absences before firing me! I called in properly each day and even provided a doctor's note. Does anyone know if I'll qualify for unemployment benefits through ESD in this situation? I'm worried because I was only there for 2 months but this termination feels completely unfair. I really need the income while I look for another job.
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Just wanted to update you - I went through something very similar last year. I was fired after only 6 weeks for missing 2 days due to a family emergency. I applied for benefits, was initially denied, but won on appeal. The hearing officer specifically mentioned that the employer failed to show any misconduct on my part and that they hadn't provided any documented warnings. The entire process took about 7 weeks from application to getting my first payment after winning the appeal. So don't give up if you get an initial denial!
Thank you for sharing your experience! That gives me hope. I just submitted my application and tried to be very detailed about what happened. Now I wait, I guess.
Liam Fitzgerald
Not at all! The agent was actually really nice. They're used to people using different methods to reach them because of how hard it is to get through. They just seemed focused on helping with my claim once I got connected.
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Andre Dupont
AuthorThat's good to know. I'm going to try calling one more time tomorrow morning right at 8am, and if that doesn't work, I'll check out that service. I appreciate everyone's help and suggestions!
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Jamal Wilson
Quick update - I just checked and my claim has been approved! Got the determination letter this morning after 6 weeks and 3 days in adjudication. They ruled that the performance standards were unreasonable since they were changed mid-quarter without proper training. All my back payments should be coming through in 48 hours. Don't give up hope!
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Andre Dupont
AuthorThat's amazing news! Congratulations! That gives me some hope since our situations sound pretty similar. I'll keep waiting (somewhat) patiently and will update this thread once I get a determination.
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