Confused about job search requirements when working 40+ hours but paid $0 - Will saying NO mess up my ESD claim?
I've got a weird situation with my ESD claim. I'm working over 40 hours at my job but I'm not getting paid for it right now (long story, company having cash flow issues but promising backpay). ESD is asking for more info about my job search activities for these weeks. I've been answering 'No' to the job search question since I'm technically fully employed, just not paid. My question is: Do I actually need to be doing job searches during these weeks even though I'm working full-time? I don't want to mess up my claim by answering incorrectly. I naturally talk to people and inquire about opportunities everywhere I go, so I could log some job search activities if needed - but if I don't have to log them, I'd rather not create extra work. Anyone dealt with something similar?
13 comments
Yara Haddad
Whoa that situation is rough!! But u should definitely still be doing job searches even if ur working those hours. ESD is super strict about job search requirements. My cousin got disqualified for skipping just 2 weeks of searches last year.
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Connor Murphy
•Really? Even though I'm technically fully employed? That seems so counterintuitive. Does anyone know for sure?
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Keisha Robinson
The previous commenter is incorrect. If you're working 40+ hours per week, you are considered fully employed by ESD standards, regardless of whether you're being paid. When you report your hours as 40+, the system should automatically consider you as having satisfied the "able and available" requirement without needing job searches. The confusion may be because you're reporting zero wages while also reporting full-time hours, which might trigger their system to flag your claim. I would recommend calling ESD directly to explain your unique situation and get proper guidance specific to your claim.
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Connor Murphy
•Thank you! That's what I thought but wasn't 100% sure. I've been trying to call them for days but can't get through. Always get the 'high call volume' message then it hangs up on me.
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Paolo Conti
I was in a similar situation last year when my employer cut our pay temporarily but kept us working full time. I spent WEEKS trying to reach ESD with no luck. Finally found Claimyr (claimyr.com) which got me connected to an actual ESD agent in about 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent confirmed that if you're working 40+ hours, you don't need to do job searches even if your pay is $0. The key is getting them to understand your specific situation so they don't flag your account for fraud investigation.
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Connor Murphy
•Thanks for this suggestion! I'll check it out - at this point I just need to talk to someone who can clarify everything for my specific situation.
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Amina Sow
DONT LISTEN TO ANYONE HERE!!! ESD is looking for ANY reason to deny claims!!! They made me pay back $5,700 because of a "job search issue" even though I reported everything honestly!!! ALWAYS do your job searches no matter what!!!
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Keisha Robinson
•While I understand your frustration, giving advice based on fear rather than actual ESD policies isn't helpful. Your situation was likely different. The official policy is that claimants working 40+ hours (regardless of pay) are considered fully employed and exempt from job search requirements. However, it's always best to get clarification directly from ESD for unique situations like the original poster's.
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GalaxyGazer
I've had this exact situation before! My company delayed paychecks for 2 months while we kept working. The key is how you REPORT it to ESD. When you do your weekly claim, are you selecting "Yes" to the question about whether you worked that week and entering your hours? As long as you're reporting your 40+ hours worked, you should be selecting "No" to the job search question and then explaining the $0 pay situation when prompted. But honestly, the system isn't really designed for this weird situation. You need to talk to a human at ESD who can put notes on your account.
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Connor Murphy
•Yes, I've been reporting my hours correctly (40+) and then entering $0 for wages, which is probably what's triggering their system. I'm going to try to reach them tomorrow to get this sorted out. Thanks for confirming!
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Oliver Wagner
one time my boss didnt pay me for like 3 weeks and i had to file for unemployment too. such a headache lol. ended up quitting that job eventually good luck
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Natasha Kuznetsova
To clarify official policy: When reporting 40+ hours worked in a week, you are exempt from job search requirements regardless of wages earned. However, your claim may be flagged because the system detects an inconsistency between full-time hours and zero income. This is likely why ESD is requesting additional information. When you speak with a representative, explain that you're working full-time but experiencing delayed payment. They might request documentation from your employer confirming this arrangement. In the meantime, continue answering honestly - Yes to working 40+ hours, $0 for wages, and No to job search activities. Document everything, including any communications with your employer about the delayed payments.
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Connor Murphy
•Thank you so much for this thorough explanation! This makes perfect sense. I'll definitely get documentation from my employer about the delayed payment situation to have ready when I finally reach ESD.
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