Can ESD backdate my unemployment claim to December 1st? Need urgent help!

Generally ESD only backdates claims for very specific reasons. You'll need a "good cause" explanation - the main ones they accept are serious illness that prevented filing, ESD system failures, or if an employer gave you misleading information about your eligibility. Just not knowing you could file or thinking you'd find work soon usually isn't enough. You can request backdating when you file by explaining your situation in the comments section, but prepare for them to possibly deny it based on what you've shared here.

i tried 2 backdate 4 almost the same reason (waited 6 weeks) and they said NOPE. they dont care if u were looking 4 work, only care about the official reasons the other person said. good luck tho maybe ur lucky!!!

I had something similar happen last year but mine was only backdated 2 weeks. My employer told me they were going to rehire me too but that wasn't enough for ESD. You should still apply ASAP though because every week you wait is another week you might not get paid!

The info above isn't fully accurate. ESD CAN backdate for "good cause" which includes employer misrepresentation. If your boss specifically told you they would rehire you by a certain date AND you have some proof of that (texts, emails), you might have a case! When you file, there's a section asking if you want to backdate and why. Make sure to include ALL details about what your employer promised and when. Then expect to go through adjudication where they'll investigate. It's not automatic but not impossible either!

ESD is an ABSOLUTE NIGHTMARE to deal with when requesting backdating!!! I tried for TWO MONTHS to get someone on the phone to explain my situation after they denied my request. I kept calling that stupid 800 number HUNDREDS OF TIMES and either got disconnected or was on hold forever!!! The system is DESIGNED to make you give up!!!

Just to clarify some points about backdating for accuracy: 1. The correct term is "backdate for good cause" and must be requested during initial filing 2. ESD evaluates each case individually, but employer misrepresentation is one of the accepted reasons 3. Documentation is crucial - save texts, emails, or written promises about rehiring 4. If denied, you have the right to appeal within 30 days 5. The maximum backdate period is typically 4 weeks unless there are exceptional circumstances Based on your situation with the construction job and the texts from your employer, I would definitely request backdating but prepare for possible adjudication (investigation) which can take 3-6 weeks to resolve.

wait what?? is it really only 4 weeks maximum?? thats so messed up if ur employer lies to u for longer than that!!

Update on my earlier comment - I just checked the ESD handbook again and there IS a 4-week standard limit for backdating in most cases, but exceptions can go back further. Definitely include those texts from your boss! And as others have mentioned, expect this to trigger an adjudication investigation where they'll probably contact your former employer to verify your story. Be prepared for this to take several weeks to resolve.

Thanks everyone for the advice! I filed my claim today and requested backdating with all the text evidence I could find. I'm not getting my hopes up for the full period, but maybe I'll get some of it approved. I'll update this thread when I hear back from ESD about their decision.