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Paolo Rizzo

Can Washington ESD employees collect unemployment if company files bankruptcy?

My employer just announced they're filing for Chapter 11 bankruptcy and we're all getting laid off next week. I've never been in this situation before - can I still file for unemployment benefits through Washington ESD even though it's a bankruptcy situation? Will the fact that the company is bankrupt affect my claim or delay payments? I'm really worried about how I'm going to pay my bills while looking for a new job.

Yes, you can absolutely file for unemployment when your employer goes bankrupt. From Washington ESD's perspective, you're being laid off through no fault of your own, which qualifies you for UI benefits. The bankruptcy doesn't change your eligibility at all.

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That's such a relief to hear! Do I need any special documentation from the company about the bankruptcy when I file?

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No special bankruptcy paperwork needed. Just file your initial claim online at esd.wa.gov with your normal employment info - dates, wages, reason for separation (layoff due to business closure).

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I went through this exact thing 2 years ago when my company filed bankruptcy. Filed my claim the day after my last day and got approved without any issues. Washington ESD treated it like any other layoff situation.

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How long did it take for your first payment? I'm trying to figure out my budget.

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About 3 weeks total from filing to first payment, which is pretty normal. Make sure you file your weekly claims on time even before you get the approval letter.

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Three weeks seems like forever when you have rent due! I had trouble getting through to Washington ESD when I needed to check on my claim status last month.

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Actually had great luck with Claimyr recently when I couldn't get through to Washington ESD. It's a service that calls on your behalf and gets you connected to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows exactly how it works. Made my life so much easier.

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Is that legit? I've never heard of a service that calls for you.

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Yeah it's totally legitimate. They just handle the calling and waiting part, then conference you in when they get an agent on the line. Super helpful when you need to talk to someone at Washington ESD but can't spend hours on hold.

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I was skeptical at first too but tried it when my claim got stuck in adjudication. Got through to Washington ESD the same day instead of calling for weeks myself.

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One thing to watch out for - if your company owes you final wages or vacation pay, you might have to wait longer to receive those due to the bankruptcy proceedings. But that won't affect your unemployment claim at all.

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Oh no, they do owe me my last paycheck plus accrued vacation time. Will I ever see that money?

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You'll need to file a claim with the bankruptcy court for unpaid wages. There's usually some protection for employee wages in bankruptcy, but it can take months to resolve.

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This is why everyone should have an emergency fund!! Companies can just screw you over like this.

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File ASAP - don't wait! I made the mistake of waiting a few days after my layoff thinking I might find something quick. Every day you wait is money you're losing in potential benefits.

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Good point, I'll file this weekend. Can I file online right away or do I need to wait until my actual last day?

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You can file your initial claim up to a week before your last day of work. Just make sure you put the correct last day of employment on the application.

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Also make sure you understand the job search requirements. Washington ESD requires you to make 3 job search contacts per week and log them in your WorkSourceWA account. Don't slack on this even during your first few weeks.

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3 contacts per week seems like a lot when I'm still processing everything. What counts as a job search contact?

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Applying for jobs, networking contacts, job fairs, informational interviews. Check the WorkSourceWA website for the full list. It's actually not that hard once you get in a routine.

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The job search thing is such a pain but they will audit you randomly so keep good records!!

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Sorry this happened to you. Bankruptcy layoffs are rough because there's usually no advance warning and no severance package. At least unemployment benefits will give you some income while you search.

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Yeah, we literally found out yesterday. No severance, no COBRA continuation, nothing. Just here's your final day, good luck.

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That's brutal but unfortunately typical. Focus on getting your UI claim filed and start networking immediately. The job market is decent right now in most fields.

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Make sure you get a copy of your employment records before your last day if possible. Sometimes when companies go under, it can be hard to get verification of your wages later if Washington ESD needs it.

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Smart thinking! I'll ask HR for my complete file tomorrow. What specific documents should I ask for?

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Pay stubs for the last 18 months, your hire date, job title, final wage rate. Also any documentation about the layoff reason (bankruptcy filing notice, WARN notice if they filed one).

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Been there done that unfortunately. Two different companies I worked for went bankrupt. Both times I got unemployment without any problems. The key is just treating it like any other layoff when you file.

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Wow, twice? That's terrible luck. How did you handle the stress of it all?

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First time was devastating, second time I was more prepared. Having unemployment benefits both times made a huge difference in keeping me afloat while job hunting.

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Quick tip: when you file your initial claim, make sure you select 'lack of work' or 'business closure' as your separation reason, not 'bankruptcy' even though that's technically what's happening. Washington ESD categories are pretty specific.

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Good to know! I would have probably put bankruptcy and maybe confused their system.

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Yeah their dropdown menus can be confusing. Business closure due to lack of work is the most accurate category that fits their system.

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Don't forget about potential COBRA coverage for health insurance. Even in bankruptcy, they're required to offer it to you, though obviously you'll pay full premium cost.

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COBRA is so expensive though. Are there other options for health coverage while unemployed?

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Check the state health insurance marketplace. Depending on your income level, you might qualify for subsidies that make it cheaper than COBRA.

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I used Claimyr twice last year when I needed to reach Washington ESD agents and couldn't get through their phone system. Definitely worth it if you run into any issues with your claim. Sometimes it's the only way to actually talk to someone there.

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How much does something like that cost? I'm already going to be tight on money.

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It's not free but way cheaper than missing work to sit on hold all day. Plus if you need to resolve a claim issue, it pays for itself in getting your benefits flowing again.

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Just want to echo what others said - you're definitely eligible for unemployment. Bankruptcy doesn't disqualify you at all. I'm a former Washington ESD worker and processed tons of these claims. They're routine.

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That's really reassuring coming from someone who worked there! Any insider tips for avoiding delays?

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File online, answer all questions completely and accurately, and respond immediately to any requests for additional information. Most delays happen when people don't provide complete info upfront.

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Sorry you're going through this. At least unemployment will help bridge you to your next job. Make sure you file for benefits in the first week after your layoff to avoid any waiting period gaps.

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Thank you for all the support everyone. This thread has been incredibly helpful and I feel much more confident about filing my claim now.

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This community is great for this kind of stuff. Good luck with everything!

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One more Claimyr success story here - used them when my adjudication was taking forever and I needed to speak with someone at Washington ESD about providing additional documentation. Got connected within a few hours instead of trying to call for weeks myself.

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I bookmarked their site just in case I need it. Hopefully my claim goes smoothly but good to know there's help available if needed.

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Smart move. Hope you don't need it but they're there if you do. The video demo really shows how simple the process is.

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