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dont forget you need to be looking for full time work even while doing contract stuff!!! esd still requires the 3 job search activities every week
Yes, that's correct. Unless you're specifically approved for standby status (which is rare these days), you must continue performing and documenting three job search activities each week regardless of part-time or contract work. The job search requirement is tied to receiving any amount of benefits, even partial benefits. Make sure to keep detailed records of all your job search activities in case of an audit.
This is all really stressful. I'm worried because I worked less hours in 2024 than I did previously, so my benefit might go down. Does anyone know if they'll at least process the new claim quickly if I start it a few days before the benefit year ends like someone suggested?
In my experience, if you file before the benefit year ends and have a straightforward work history (no multiple employers or unusual situations), it typically processes within 3-5 business days. Just make sure you have your work history accurate and answer all questions consistently. The most common delay happens when there's discrepancy between what you report and what your employer reports about your separation reason.
Look, I hate to be the bearer of bad news, but without written documentation of your layoff, you're fighting an uphill battle. ESD almost always sides with the employer in these disputes unless you have solid evidence. I've seen this play out dozens of times - the burden of proof is on YOU to prove you were laid off, not on them to prove you quit. Your best shot is to write down EVERYTHING you can remember - exact conversations, dates, who was present, any witnesses who can verify you were laid off. If you have any indirect evidence (like texts where you mentioned being laid off and the employer didn't correct you), that can help. Also, did anyone else get laid off at the same time? Their testimony could be crucial. Be prepared for this to potentially go to appeal. If denied, you have 30 days to file an appeal for a hearing with an Administrative Law Judge.
This isn't actually true. ESD doesn't automatically "side with employers." They make determinations based on the evidence presented by both parties. I've won several quit vs discharge cases with clients who had minimal documentation but could clearly articulate the circumstances of separation. The key is consistency and credibility in your statements.
Fair point. "Almost always sides with employers" was an overstatement. But in my experience with the system, when it's a direct contradiction between employer and employee versions with limited documentation, claimants face a tough battle. Not impossible, but definitely need to be thorough and consistent.
Update: I finally managed to get through to ESD! They said my adjudication is delayed because they haven't been able to reach my former employer for their side of the story. The agent scheduled me for a fact-finding interview next week. She also suggested I upload any text messages or emails that might help my case, which I've done now. Thanks everyone for your advice - fingers crossed this gets resolved soon!
Great news! For your fact-finding interview: 1) Be calm and stick to facts 2) Have notes ready with specific dates and details 3) Explain clearly why you believe it was a layoff not a quit 4) If asked why you didn't get documentation, just be honest about the friendship aspect. Good luck and let us know how it goes!
This is actually correct. The online system works best with Chrome and Edge. If you're using Safari or Firefox, you might encounter more sync issues. The phone system is more consistent but the tradeoff is the delay in database updates.
UPDATE: Just wanted to let everyone know my claim finally updated to 'submitted' in the online system! It took about 20 hours, but at least now I know everything is working correctly. Thanks to everyone for the reassurance and helpful information. I'll definitely keep filing by phone since it works for me, but now I know not to panic if the online status doesn't update right away.
Miguel Herrera
One important thing to note - if the pandemic waiver is approved, ESD should return any money they've intercepted from tax refunds. But the timeline is unpredictable. I've seen it take anywhere from 2-8 months after waiver approval for refunds to be processed. Make sure you keep documentation of everything, including your tax returns and any communication from ESD about the waiver.
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Paolo Romano
•This. Documentation is key. My brother-in-law had his refund taken last year for an ESD overpayment, got the waiver approved in August, but had to call multiple times with proof of the offset before they finally refunded it in December.
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Ava Thompson
Thank you everyone for the advice! We've decided to file separately this year to protect my refund, even though it'll cost us some tax benefits. We'll keep pursuing the pandemic waiver for his overpayment, but at least this way we'll have my refund for our immediate needs. I'm documenting EVERYTHING in case we need to fight for his refund later. This system is so frustrating!
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Miguel Herrera
•Smart decision! Make sure you both carefully check your filing status on each return - they need to match (both filing as 'married filing separately'). And remember you'll each need to either both itemize deductions or both take the standard deduction when using this filing status.
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Ava Thompson
•Thanks for the tip! I didn't realize we both had to make the same choice about itemizing. This whole situation is so much more complicated than it needs to be.
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