Can caregiver apply for ESD unemployment after 26-day background check delay?

Yes, she should be eligible for unemployment for that period! This would be considered a temporary layoff or furlough. She needs to file a claim right away though, as there's a time limit for retroactive claims. Make sure she indicates she was temporarily laid off due to administrative processing (the background check) and is now back working. She should mention she had zero fault in this situation (even though she was one day late, the processing time is what caused the extended unpaid period).

idk if this counts 4 unemployment. my cousin works caregiving too and they told her if background check expires its HER fault and companys not responsible for lost wages. she should maybe try applying but dont get hopes up. the esd people r super strict about this stuff

Your sister should definitely apply for unemployment for those weeks. This situation falls under what ESD considers a temporary layoff or furlough. Here's what she needs to know: 1. File ASAP - there's a limit on retroactive claims (usually within 26 weeks but sooner is better) 2. On the application, she should select "temporarily laid off" or "furlough" 3. Important: She needs to explain she was ready, willing and able to work during this period but was prevented by administrative processing 4. For the "return to work" date, she should enter the date she actually returned 5. Keep documentation showing the background check submission date and approval date The key issue will be whether ESD considers the one-day late submission as negligence on her part. I would argue it's not - especially since the agency's 26-day processing time is the actual cause of the extended unemployment, not the one-day delay in submission. She should also look into whether the agency violated any labor laws by not providing adequate notice of the expiration or by taking an unreasonable time to process the background check.

I had a similar issue last year with a health certificate expiration (not background check but similar idea). I was out of work for 18 days while waiting for processing. I applied for unemployment and was initially DENIED because they said I "caused" the work stoppage by letting my certification expire. I appealed and WON because I proved that: 1) The processing time (not the expiration) was the primary cause of lost work 2) I had no control over the processing time 3) I was otherwise ready and available to work Your sister should definitely apply but be prepared for a possible denial and then appeal. The appeal process was actually pretty quick for me - about 10 days.

To answer your question about job searches - she should request "standby" status when she applies. This is exactly what standby is for - temporary layoffs where you expect to return to your employer. If approved for standby, she won't have to do job searches for that period. However, standby approval isn't guaranteed. If she's denied standby status, she would technically need to complete and document 3 job search activities for each week claimed. Given that this is retroactive, this gets complicated - she should explain the situation if denied standby and ask how to handle the job search requirements for past weeks.

just wondering... has your sister tried talking to the agency supervisor directly? sometimes they make exceptions to the policy if you get to right person. my mom had similar situation (not exact same but kinda) and after she kept calling and asking for manager they ended up paying her for half the missed time which was better than nothing! worth a try before dealing with all the ESD stuff tbh

UGH I hate these agencies!!! I've worked in home healthcare for 8 years and they ALL pull this garbage. They know most caregivers are women, often immigrants, who don't know their rights or are afraid to fight back. Your sister ABSOLUTELY can and should file for unemployment. And she should report the agency to L&I while she's at it! Also, has she tried calling ESD directly to ask about this specific situation? The unemployment website is confusing as hell and sometimes gives people wrong information. I've spent DAYS trying to get through on their phone lines before.

I've had really good luck using Claimyr to get through to ESD when their lines are busy. It basically holds your place in line and calls you back when an agent is available. Saved me hours of redial frustration! Their site is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 With your sister's specific situation about the background check delay, she really needs to talk directly to an agent to get the right guidance before filing. I had a similar issue and the agent was able to tell me exactly how to word things on my application to make sure it was processed correctly.

hey just wondering, is your sister getting paid thru DSHS/COPES for taking care of your dad? or is it a private agency? cuz if its DSHS the rules might be different

For her unemployment application, make sure she uses these exact terms when explaining the situation: 1. "Administrative furlough due to background check processing" 2. "Temporary work stoppage not due to misconduct" 3. "Unable to perform work duties solely due to required administrative processing" These specific phrases will help trigger the right classification in the ESD system. Also, when she applies, she should select "laid off" rather than "quit" or "fired" when asked about her separation reason. Background check processing delays are considered administrative furloughs in most cases, which fall under the laid off category. If she gets denied (which happens to many first-time applications), definitely appeal right away. The appeal form will give her more space to fully explain the situation.

sorta off topic but this happened to my neighbor who is also a caregiver and she ended up applying for emergency assistance through DSHS for that month instead of dealing with unemployment. might be another option if the ESD route doesn't work out.