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my cousin works at esd and she says they always side with employers nowadays... system is broken
This isn't accurate. ESD decisions are based on state law and the specific facts of each case. While initial determinations sometimes favor employers (who often have better documentation), many claimants win on appeal when they properly present their evidence. About 40% of claimant appeals are successful at the OAH level. The system has challenges, but it's not inherently biased against claimants.
Thanks everyone for all the helpful advice! I've been taking notes and feel much better prepared for my appeal hearing now. I'll definitely organize my evidence showing the pay cut and my attempts to resolve it before quitting. I'm still trying to reach someone at ESD to find out exactly what my employer claimed, but it's nearly impossible to get through on the phone. Might try that Claimyr service if I can't get through in the next few days.
Just to add to my earlier comment - if your claim says "pending" that usually means there's an issue that requires adjudication. The most common reasons are employment separation issues (if they need to verify why you left your job) or availability issues (if they're checking that you're able and available for work). If you can get through on the phone, ask specifically about what's causing the pending status and if there's anything you can do to resolve it faster. Sometimes there are documents you can upload or information you can provide that will speed things up. I went through this in February and my claim was stuck for 5 weeks before I finally got it resolved. The system is definitely overloaded right now.
This is super helpful info, thank you! I quit my last job because my manager was creating a hostile work environment (documented in emails) and I told them that when I applied. Maybe that's what's causing the hold up? I'll definitely ask about that if I can get through.
update??? did u ever get through to them??
Yes!! I ended up using that Claimyr service someone mentioned above and got through to ESD yesterday. Turns out they needed additional documentation about why I left my last job. The agent helped me upload the right documents and said my claim should be processed within 72 hours. Fingers crossed!
Hey, so I'm an accountant (not a lawyer!) and wanted to mention - check with your tax preparer because your legal fees related to getting unemployment benefits might be tax-deductible on your federal return. It falls under "miscellaneous deductions" in some cases. Won't get you the full amount back, but could reduce your tax bill a bit depending on your situation.
not true anymore sadly. The Tax Cuts and Jobs Act eliminated miscellaneous deductions subject to the 2% floor for tax years 2018-2025. legal fees for getting unemployment benefits used to be deductible but aren't currently. source: I'm a tax preparer
One other thing to consider - how quickly do you need your back benefits? After winning my appeal, it still took ESD about 3 weeks to process the payment. If you're in a rush to get those funds, calling ESD directly after 7-10 business days to check on the status can sometimes speed things up. Just be prepared for a long wait time to speak with someone.
That hasn't been my experience at all. Phone and online claims are processed through the same system on the backend. The method of filing doesn't impact processing time - it's more about the complexity of your work history and whether there are any flags on your claim. I've worked with hundreds of claimants and haven't seen any statistical difference between phone and online filing times.
Well I guess we'll have to agree to disagree. My cousin works for a company that handles layoffs and they ALWAYS tell people to file online for faster processing. But whatever, the whole system is broken anyway.
Carmen Diaz
i had this happen and got paid the next day! but my roommate had the same thing and didn't get paid for like a month. i think it depends what they're checking on your claim?? good luck!
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Nia Thompson
UPDATE: You all were right! Money appeared in my account this morning even though my claim still says "pending" online. Such a relief! Now I just hope they don't come back later and ask for it back if they find some issue during adjudication. Thanks for all the helpful information everyone.
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Aisha Abdullah
•Great news! Keep filing your weekly claims and stay on top of any correspondence from ESD. If they do find an issue later, they'll notify you before taking any action to recover funds. In most cases, if you've provided accurate information, you won't have any problems. Glad it worked out for you!
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Mateo Rodriguez
•Woohoo! That's awesome. Mine stayed in adjudication for almost 3 months but they kept paying me the whole time. Eventually it just switched to approved without me doing anything else.
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