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not to hijack but sorta related question - does the waiting week also happen if you're on standby status when your benefit year ends? my employer has me on partial unemployment with standby and my benefit year ends next month
Yes, unfortunately it does. Even with standby status, the benefit year end triggers the same process - you'll need to reestablish your claim and serve another waiting week. Make sure your employer updates your standby status for the new benefit year if needed. The standby approval doesn't automatically carry over.
Just for clarity: when your benefit year ends, ESD must by law treat it as a new claim. This means: 1. You must meet eligibility requirements again 2. Your benefit amount may change based on your work history during the past year 3. You must serve another waiting week 4. Any ongoing issues like adjudication will usually need to be addressed again It helps to think of it as completely starting over rather than a continuation. The system is designed this way to ensure people are still eligible under current circumstances, not just based on their situation from a year ago.
Update: I was able to get through to ESD using that Claimyr service someone mentioned. The agent confirmed everything people said here - the waiting week is required by law and can't be waived. She did verify that everything else on my claim looks good though, so payments should resume normally after the waiting week. She also helped me adjust my payment method to direct deposit instead of the debit card to speed things up in the future. Still frustrated about the gap, but at least I know exactly what's happening now.
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I'm dealing with this RIGHT NOW! Had taxes taken out all last year, thought everything was fine. Then in February 2025 got a notice saying I had an overpayment from weeks in August 2024 because my employer contested my claim saying I quit instead of being laid off. Now I owe $2,750 back even though I spent that money months ago on rent and food. Is anyone here good at writing appeals? I have 30 days to respond and I'm panicking!!!
For an appeal, focus on documenting why you believed you were laid off rather than quit. Gather any emails, texts, or written communications from your employer. Appeal forms are on the ESD website under the "Submit an Appeal" section. You'll need your determination letter details. Be specific about dates and facts, not emotional arguments. If you need help, the Unemployment Law Project offers free assistance with appeals: https://unemploymentlawproject.org/
To wrap up the original question: Tax withholding only addresses the tax liability on legitimate benefits. It won't protect you from overpayment determinations. For peace of mind, I recommend: 1. Keep detailed records of all weekly claims and job search activities for at least 3 years 2. Save copies of any ESD correspondence (take screenshots of online notices) 3. Set aside a small emergency fund if possible to cover potential overpayments 4. Make sure your wife responds immediately to any ESD requests or questionnaires Most people who diligently follow the rules never experience overpayment issues, but having documentation ready just in case is always smart.
Thank you so much for this thorough advice. We'll definitely start a documentation system right away. This has been really helpful!
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To clarify what's happening: You have TWO separate eligibility issues being evaluated: 1. Monetary eligibility: Based on your work history and earnings (this was approved, hence the $872 benefit amount letter) 2. Weekly eligibility: Each week you must be able and available for work (your medical procedure week triggered a disqualification) The good news is that a disqualification for one week shouldn't affect your entire claim - it should only affect that specific week. However, sometimes ESD's automated system incorrectly applies a single-week issue to your entire claim. Action plan: 1. File an appeal immediately (30-day deadline) 2. Continue filing weekly claims 3. Call ESD to speak with an agent who can review your specific situation 4. Provide medical documentation for your procedure 5. Request a standby status for that week if it was a temporary medical issue This is fixable, but requires getting through to someone who can manually review your claim.
This is SO helpful - thank you for breaking it down clearly! I didn't realize the medical procedure could trigger a full disqualification. I've started my appeal and I'm going to try to get through to ESD tomorrow. Really appreciate the detailed explanation.
after u get this fixed make sure u answer yes to all the questions about being able and available even if ur sick for a day or two... they don't need to know every little thing just say yes unless ur like hospitalized or something
I would caution against this advice. Misrepresenting your availability on weekly claims can lead to fraud allegations and required repayment of benefits with penalties. It's better to answer truthfully and then provide explanation if needed. For brief illnesses, you're still considered available if you would have been able to accept work otherwise.
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One thing to be aware of: While you're not responsible for your employer's tax obligations, if it turns out they misreported your wages (showing you earned less than you actually did), ESD might issue an overpayment if they later correct those wage records and it affects your benefit calculation. If you're concerned, I'd recommend keeping good records of all your paystubs, W-2s, and any communication about your layoff. Also, double-check that the wage amount shown on your ESD monetary determination letter matches what you actually earned.
That's a good point. I just checked my monetary determination letter and the quarterly earnings look accurate compared to my actual pay. So it seems like they reported my wages correctly, they just might not have been paying the proper taxes on them. I'll keep monitoring my claim status just to be safe.
hey just wondering did u get paid under the table at all?? cuz thats a whole different issue than just the tax withholding thing
No, everything was on the books with regular paystubs, W-2s, etc. I just noticed discrepancies in how the taxes were being withheld when I was reviewing my past pay statements. All my income was properly reported on my tax returns.
Omar Zaki
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.
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Natasha Volkova
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!
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Javier Torres
•Good plan! Feel free to come back if you have questions during the process. The first application can be a bit overwhelming but it gets easier after that.
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