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I'm an employment lawyer (not giving legal advice, just general info). For your hearing, organize your thoughts around these points: 1. Unsafe working conditions (uncertified forklift operation) 2. Employer's failure to remedy after reasonable notice 3. Documentation of injuries resulting from unsafe conditions 4. Timeline showing you attempted resolution before quitting During the hearing: - Answer questions directly and briefly - Don't interrupt the judge or your former employer - When describing events, stick to "I observed" or "I experienced" rather than assumptions about others' motives - If your employer makes false statements, wait for your turn to respond, then calmly present contradicting evidence I've seen many employees win these cases when they have clear documentation of safety violations that weren't addressed after being reported.
One more important tip: Be very specific about the timeline leading up to your quit. The judge will want to know: 1. When did you first report safety concerns? To whom? 2. What was their response? 3. How many times did you follow up? 4. What was the "final straw" that made you quit? 5. How much time passed between reporting and quitting? Based on what you've shared, it sounds like you have a strong case for good cause, but you need to clearly demonstrate you tried to resolve the issues before leaving. Print all your evidence in triplicate and have it organized chronologically so you can quickly reference it during questioning.
I initially reported safety concerns about 3 months before quitting, after my coworker's accident. Then I reported again multiple times in the last month before I left. The final straw was when they cut my hours after I refused to keep operating the forklift unsafely. I'll definitely organize everything chronologically - that makes a lot of sense. Thank you!
UPDATE: After reviewing the ESD handbook more carefully, I can confirm that accepting an intermittent job without actual work hours does NOT automatically disqualify you from benefits. The key factors are: 1. You must remain able and available for full-time work 2. You must continue conducting job searches (3 per week) 3. You must accurately report your employment status The issue is likely in how the employment status was reported. In the weekly claim questions, there's a distinction between "Do you have a job?" (Yes) and "Did you work during this week?" (No). This nuance matters significantly for intermittent positions. When you appeal, emphasize that you remained available for full-time work, continued job searching, and had no actual work or earnings from the intermittent position during the weeks in question.
after dealing with my appeal i learned that ESD's definition of "available for work" is super specific. they wanna know if having this intermittent job would prevent u from accepting full-time work elsewhere. if u said u were committed to this intermittent job even if it meant turning down full-time work elsewhere, that might be why they're saying ur not eligible.
Has anyone tried contacting their state representative? My friend did that when her claim was stuck in adjudication for like 2 months and suddenly ESD called her within 3 days of her contacting the rep's office.
UPDATE: I used the Claimyr service that someone recommended and actually got through to ESD! The agent told me that my claim is currently assigned to an adjudicator and they're aiming to have decisions made within 10-14 days from when they receive responses to questionnaires. She said my case looks straightforward and I should hopefully hear something by the end of next week. Such a relief to at least know what's happening!
My daughter works at ESD and she always tells people to file on Sunday for a clean start to the claim week. Makes the whole process smoother for everyone! Also remember that your first week is a waiting week (unpaid) but you STILL have to file a weekly claim for it or your claim can get messed up.
Thanks everyone for the helpful advice! I'm going to wait until Sunday to file my initial claim. It seems like that's the best approach to avoid complications with partial weeks. I'll make sure to have all my employment information ready and set aside enough time to complete the application thoroughly. I'll also remember to file for that first "waiting week" even though it's unpaid. Really appreciate all your insights!
Carmella Popescu
To correctly reactivate your UI claim after PFML: 1. Log into your eServices account 2. Select "Restart your claim" option (NOT "File a new claim") 3. Do this during the last week of your PFML but indicate your PFML end date accurately 4. Resume job search activities immediately (3 per week) and document them 5. When filing weekly claims, report any PFML payments received that week 6. Keep documentation of your last PFML payment date You won't go through adjudication again since your claim was already approved. The review for reactivation is primarily to verify you're still eligible (not working, able and available, etc.). One important note: if your original UI claim is more than 52 weeks old, you'll need to file a new claim rather than reactivate. This would require a new review process. But based on your timeline, it sounds like you're still within your benefit year.
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Noah huntAce420
•This is 100% correct. I work for WorkSource and we assist people with these situations every day. The only thing I'd add is that if anything goes wrong during reactivation (system errors, etc.), call the ESD Technical Support line rather than the regular claims line. The tech support folks can often solve these issues without having to wait for a claims specialist.
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Kai Santiago
I forgot to answer your follow-up question! No, my weekly benefit amount didn't change when I switched from PFML to UI. They're calculated differently but once your UI is approved, that amount stays the same within your benefit year. My PFML was actually higher than my UI which was a bummer to adjust to. Make sure you're budgeting for the difference if there is one!
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Clay blendedgen
•Thanks for coming back to answer this! My UI is actually slightly higher than my PFML, so that's good news. I appreciate all the helpful information everyone has provided - feeling much less stressed about the transition now.
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