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Update on my earlier comment - I finally got through to a supervisor at ESD today and was told they actually do have a "trusted claimant" program they're rolling out for people with consistent seasonal claim history. It's not fully implemented yet, but you might want to specifically ask about it when you call. Apparently if you've had 3+ years of clean claims with the same seasonal pattern, you can request to be added to this expedited review process for future claims.
just got my first payment today!!! only took 5 weeks this time which is better than the 9 weeks last year i guess lol. progress?
Has anyone mentioned the Unemployment Law Project yet? They specifically help with ESD appeals and often take cases pro bono. Worth checking out!
I contacted the Unemployment Law Project and have a phone consultation tomorrow! Also managed to reach an ESD agent who explained exactly what evidence they reviewed. Feeling a bit more prepared now. My hearing is still a week away so trying to get all my documentation organized. Thanks everyone for the support - will update after the hearing.
I work in HR and can confirm this is 100% legitimate. We've had several employees experience fraud holds in the past year. What's concerning is that ESD always sends very specific instructions about how to release the hold. Usually it involves uploading identification documents through their secure portal. If he's being vague about what steps he needs to take, that would make me suspicious.
Update: I talked to him and he showed me his eServices account. There actually is a fraud hold! He had a letter in his messages that he hadn't even opened asking for ID verification from 3 weeks ago! No wonder it's taking so long - he never responded to them! We're uploading his documents now. Thanks everyone for helping me understand this was a real thing and not made up.
Anyone gone through an appeal recently? My hearing is next month and I'm trying to figure out if they're still doing them all by phone or if they've gone back to in-person hearings?
DONT let them intimidate you with all their legal BS!!! My determination letter had all this legal garbage about 'burden of proof' and 'statutory requirements' but the actual hearing was way more straightforward. The judge just asked me questions about what happened and I answered honestly. Won my case in 20 minutes! These big companies try to trick ESD with their HR paperwork all the time and the judges know it!!
Luca Greco
Let me just add something important - did you receive any written warnings before being fired? Was there a progressive discipline policy they were supposed to follow but didn't? Those details can really matter in your case, especially if they claim it was for performance but can't show they followed their own policies. And for what it's worth, I've seen claims get approved even when the employer responded late with their side of things, but the employee had good documentation showing the termination wasn't for misconduct or truly poor performance. So gather whatever evidence you can!
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Chloe Wilson
•I received one written warning about 4 months ago, but it was for something completely different than what they ended up firing me for. And they totally skipped the "improvement plan" step that's in their handbook. Does that help my case?
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Luca Greco
•Yes! That's exactly the kind of thing that can help your case. Make sure you mention that they skipped steps in their own progressive discipline policy. If you have a copy of the employee handbook section about discipline, have that ready too. Adjudicators look closely at whether employers followed their own policies.
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Nia Thompson
I had a similar thing happen and my claim was in adjudication for almost 6 weeks!!! Keep filing your weekly claims even though you're not getting paid yet. If they approve you, you'll get all the back payments at once. But yeah, the employer responding late doesn't automatically approve you - wish it did lol
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Diego Mendoza
•This is absolutely correct and very important - ALWAYS continue filing your weekly claims during adjudication, even though you're not receiving payments. If you stop filing and then get approved later, you can't go back and claim those missed weeks.
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