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Carmen Flores

Conflicting ESD determination letters - approved then denied because I quit to care for someone

I just got two completely contradictory determination letters from ESD and I'm totally confused! The first letter says I'm approved because my employer reported I was fired. But the second letter says I'm denied because I said I quit to care for a family member (which is true - I had to quit to care for my elderly father after his stroke). I have no idea why my company told ESD I was fired when I definitely resigned with 2 weeks notice and explained my situation. The denial letter says to keep filing weekly claims and that they might pay me for weeks I've claimed if my "situation changes." What does that even mean? Do I need to appeal? Call my former employer? I've been filing claims for 5 weeks now and really need this money to cover bills while I'm caring for my dad. Has anyone dealt with conflicting determination letters before? What's my best move here?

Andre Dubois

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You need to appeal the denial letter right away! You only have 30 days from the date on that letter. This is actually pretty common - sometimes employers report terminations incorrectly to avoid impact to their experience rating. When you appeal, make sure to clearly explain that you quit to provide care, but also include that your employer incorrectly reported it as a termination. If you have any documentation of your resignation (email, letter, texts to your boss), include copies with your appeal. The "situation changes" part means if you're no longer providing care and become available for work again.

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Carmen Flores

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Thank you so much for the quick response! I do have emails showing I resigned with notice. Do I need to contact my former employer about this miscommunication before I appeal? I'm worried they'll get mad if ESD contacts them and it could hurt my chances of getting a reference in the future...

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CyberSamurai

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Omg this EXACT thing hapened to me last year!!! My boss told ESD I was fired for being late but I quit bcuz my mom got cancer. I appealed and won but it took like 2 months to get my $$$. Keep filing those weekly claims no matter what!!! That part is super important

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Carmen Flores

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2 months?! I don't know if I can wait that long... did you have to actually talk to a judge or was it just paperwork? I'm so stressed about this whole situation.

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I'd recommend filing the appeal AND trying to reach an ESD agent to explain the situation. Conflicting determination letters often need human intervention to sort out. You can try calling ESD, but as you probably know, getting through is nearly impossible these days. I used a service called Claimyr (claimyr.com) that got me through to an ESD agent within about 40 minutes after weeks of failed calls. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Once you talk to an agent, ask them to review both determination letters and explain the discrepancy. They might be able to resolve it faster than waiting for an appeal hearing.

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Carmen Flores

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I've never heard of Claimyr before - I'll check out that video. Getting to talk to an actual person at ESD sounds amazing right now. I've tried calling at least 20 times and either get disconnected or told the wait time is over 4 hours.

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Jamal Carter

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this is why the ESD system is such GARBAGE!!!! they constantly contradict themselves and expect us to just deal with it. I had THREE different determinations on my claim last year and spent 4 months trying to get it straight. KEEP APPEALING and document EVERYTHING. Don't trust anything they say on the phone unless they send it in writing!!!!

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Mei Liu

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Not all ESD staff are bad tho. The lady who helped me was super nice and fixed my claim in one call. Some of them rly do wanna help.

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So when you quit to care for another person, ESD has very specific qualifying reasons for this to be approved. The person typically needs to be an immediate family member (parent, spouse, child) and you need medical documentation showing they required your care. Additionally, you'll need to show there were no reasonable alternatives (like taking FMLA or finding other care options). If you haven't already uploaded them, gather these documents: 1. Medical documentation from your father's doctor 2. Letter explaining why you were the only person who could provide care 3. Proof that you asked your employer for accommodations before quitting (reduced hours, FMLA, etc.) 4. Your resignation letter/email And yes, definitely appeal within the 30-day window! The fact that your employer coded it as termination might actually help your case in the appeal.

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Carmen Flores

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Thank you for the detailed list! I have most of those documents but I'm not sure if I can prove I was the "only" person who could care for him. My siblings all live out of state and professional care was way too expensive. Will that be enough reason? I did ask for FMLA but was only eligible for 2 weeks since I'd been at the company less than a year.

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Amara Nwosu

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When i had a similar isue with contradicting letters, I sent a message through eServices (under the "Upload a Document" section) explaining the situation clearly and attaching both letters. Might be worth trying while you're also working on your appeal. Sometimes they can fix these things without a formal hearing if its clearly a mix-up. And yea like others said, keep filing those weekly claims no matter what!

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CyberSamurai

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Thats smart! I never thought about uploading both letters together. Wish I had done that might have saved me weeks of stress lol

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Andre Dubois

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To clarify about quitting to care for a family member: You don't need to prove you were the ONLY person who could provide care, but you do need to show it was reasonable for you to quit. The fact that your siblings live out of state and professional care was unaffordable are absolutely relevant factors. Make sure to include the information about only being eligible for 2 weeks of FMLA - that's important because it shows you tried alternatives before quitting. During your appeal, focus on these key points: 1. You had a good faith family care reason to quit 2. You attempted to preserve your employment (FMLA request) 3. You provided notice to your employer 4. Your employer incorrectly reported the separation And don't worry too much about the employer getting upset about the discrepancy - this happens fairly often with large companies where HR and direct managers don't communicate well.

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Carmen Flores

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This is incredibly helpful - thank you! I'm going to start gathering all these documents tonight and get my appeal submitted by Friday. I'll also try uploading everything to eServices like someone else suggested.

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