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Kolton Murphy

Can I collect Washington ESD unemployment if my paycheck bounces?

My employer's paycheck bounced last week and now they're saying they can't pay us for another two weeks while they sort out their bank issues. I'm technically still employed but I haven't been paid in over a week. Can I file for unemployment benefits with Washington ESD in this situation? I need to pay rent and buy groceries but I don't know if this counts as being unemployed or not.

This is a tricky situation. You might qualify for unemployment if you're not getting paid, even if you're technically still employed. Washington ESD has provisions for situations where you're not receiving wages. I'd call them to ask about your specific case.

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I tried calling Washington ESD but kept getting busy signals. Is there a better time to call?

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Early morning around 8 AM usually works best, but honestly their phone lines are always swamped.

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You should definitely file! If your employer can't pay you, that's constructive dismissal in some cases. The worst they can do is deny your claim, but you might be eligible.

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What's constructive dismissal? I've never heard that term before.

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It's when working conditions become so bad that you're essentially forced to quit, or in your case, when they can't pay you. It can qualify you for UI benefits.

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I was in a similar situation last year and used Claimyr to get through to Washington ESD. It's a service that helps you reach their agents without sitting on hold forever. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that explains how it works. Really saved me when I needed to get answers about my claim status.

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How does that work exactly? Do they just call for you?

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They handle the calling and waiting so you don't have to. When they get an agent on the line, they connect you directly. Way better than spending hours on hold.

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Never heard of this service but sounds useful. The Washington ESD phone system is impossible to get through to.

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YES you can collect! I had the same thing happen when my company's checks started bouncing. Filed for unemployment and got approved. The key is that you're not receiving wages even though you're technically employed.

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Did you have to prove the checks bounced? What documentation did Washington ESD want?

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I had to provide bank statements showing the bounced check fees and a letter from my employer explaining the situation. Washington ESD approved my claim pretty quickly once they saw the documentation.

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This is why I always tell people to have an emergency fund. Companies go bankrupt all the time and leave employees hanging. File for unemployment immediately and start looking for a new job.

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Easy to say when you're not living paycheck to paycheck. Not everyone can save money.

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That's not helpful right now. OP needs to know about filing for benefits, not get lectured about saving money.

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Make sure you document everything - the bounced check, any communications from your employer about payment delays, bank fees you incurred. Washington ESD will want proof that you're not being paid.

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Good point about documentation. I have the bounced check notice from my bank and some emails from my boss about the payment delay.

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Perfect, that should be enough to support your claim. Keep all of that organized in case they ask for it during the application process.

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Wait, don't you have to be laid off or fired to get unemployment? I thought you couldn't collect if you still have a job, even if they're not paying you.

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Not necessarily. There are situations where you can collect even if technically employed, like when you're not receiving wages or your hours are severely reduced.

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Right, unemployment isn't just for people who got fired. It's for people who aren't earning wages, which includes situations like this.

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Update: I tried calling Washington ESD again this morning and still couldn't get through. This is so frustrating when you need help urgently.

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This is exactly why I ended up using Claimyr. The regular phone lines are basically unusable during busy periods. The service was worth it just to avoid the stress of constantly calling.

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Have you tried going to a WorkSource office in person? Sometimes that's easier than trying to reach them by phone.

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I'm dealing with something similar - my employer cut our hours to basically zero but won't officially lay us off. Thinking about filing for partial unemployment benefits.

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You should definitely look into partial benefits if your hours were reduced. Washington ESD has programs for that exact situation.

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Thanks, I'll check that out. Didn't know partial benefits were a thing.

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The unemployment system is so confusing. Why can't they just make it simple - no pay means you can file for benefits. All these different rules and exceptions make no sense.

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Agreed, the whole system is overly complicated. People who need help shouldn't have to become experts in unemployment law just to get basic assistance.

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The rules exist to prevent fraud and abuse. Without proper guidelines, anyone could claim unemployment benefits inappropriately.

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Another update: I finally got through to someone at Washington ESD using that Claimyr service someone mentioned. The agent confirmed I can file for benefits since I'm not receiving wages, even though I'm technically still employed. Starting my application now.

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Glad Claimyr worked out for you! It really does make a difference when you can actually talk to someone who knows the rules.

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That's great news! Make sure to file your weekly claims on time once your initial application is processed.

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How long did it take for Claimyr to connect you with an agent?

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About 45 minutes total, which is way better than the hours I spent trying to call directly.

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For anyone else in this situation - make sure you keep looking for work while collecting benefits. The job search requirements still apply even if you're technically employed by the company that can't pay you.

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Good point. I wasn't sure if I needed to job search since I technically still have a job. Thanks for clarifying.

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Yes, you'll need to log your job search activities just like any other unemployment claimant. Use the WorkSourceWA website to track your searches.

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This happened to my friend last year. She filed for unemployment and got approved, but it took about 3 weeks to get her first payment. Don't expect it to be immediate.

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3 weeks? That's a long time when you need money for rent and groceries. Did she have any issues with the claim?

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No issues, just the normal processing time. She said the hardest part was getting through to someone initially to ask about her situation.

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Make sure you understand the difference between being laid off and what you're experiencing. Your situation might be classified differently by Washington ESD, which could affect your benefit amount.

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What do you mean by classified differently? I thought unemployment was unemployment.

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There are different categories based on why you're not working - laid off, fired, quit, reduced hours, etc. Each has different requirements and potentially different benefit amounts.

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The whole situation with bounced paychecks is becoming more common. I've seen several posts about this lately. Companies are struggling but won't admit it and lay people off properly.

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It's really unfair to employees who are left in limbo. At least with a proper layoff you know where you stand.

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Businesses are trying to avoid paying unemployment taxes by keeping people on the books even when they can't pay them. It's a common tactic.

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Final update: My unemployment claim was approved! First payment should come next week. Thanks everyone for the advice, especially about using Claimyr to get through to Washington ESD. That made all the difference.

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Awesome! Glad everything worked out and that Claimyr helped you get the answers you needed.

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Congratulations! Remember to file your weekly claims on time to keep the benefits coming.

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Great to hear a success story. This gives me hope for my own situation with unpaid wages.

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For anyone reading this later - always file for unemployment as soon as you stop getting paid, even if you're not sure you qualify. The worst they can do is say no, but you might be pleasantly surprised.

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Exactly! I was worried about filing when I technically still had a job, but it worked out fine.

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Good advice. It's better to apply and get denied than to wait and miss out on benefits you were entitled to.

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This thread has been really helpful. I'm bookmarking it in case I ever run into a similar situation. The Claimyr service sounds particularly useful for getting through to government agencies.

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Same here. Never knew there were services to help with government phone lines. That's genius.

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It really is a game-changer when you need to reach Washington ESD or other agencies quickly. Saves so much time and frustration.

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Quick question - if your employer eventually pays you the back wages, do you have to pay back the unemployment benefits?

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Yes, you would need to report any back pay to Washington ESD. Depending on the timing and amounts, you might need to repay some benefits. Always report changes in your situation.

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Good question. I'll make sure to report it if my employer ever catches up on the missed payments.

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Thanks for sharing your experience OP. This is exactly the kind of real-world situation that the unemployment system should handle smoothly, but it's clearly not as straightforward as it should be.

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Yeah, it definitely wasn't straightforward. Without help from people here and that Claimyr service, I would have been stuck.

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The system really needs to be more user-friendly. People shouldn't need special services just to talk to a government agency.

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