Denied benefits for 'behavioral standards' - eligible after 10 weeks of separation?
I lost my job after standing up for myself when my manager constantly belittled and demoralized me. The work environment was toxic, but I never thought I'd be fired for not 'bending over backwards' to accommodate their unreasonable demands. ESD initially approved my benefits pending adjudication, but I just received a determination letter saying I was denied for 'not meeting behavioral standards of the company.' The confusing part is it says to continue filing weekly claims and after 10 weeks of separation, I'll be eligible for benefits. I've already been separated for 7 weeks—does this mean I only need to wait 3 more weeks before I qualify? The determination letter isn't clear if the 10-week period started from my termination date or from some other point. Has anyone dealt with this type of disqualification before?
16 comments


Chris King
Yes, that's correct - you're dealing with what's called a "misconduct disqualification with a finite penalty period." The 10 weeks starts from your separation date (your last day of work), not from when you filed or when they made the determination. If you've already been separated for 7 weeks, then you should become eligible after 3 more weeks of filing. Just keep submitting your weekly claims as normal, meet all job search requirements, and when the 10-week period is up, benefits should begin if you're otherwise eligible. This is actually better than a full misconduct disqualification, which would deny benefits for the entire claim year.
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Amelia Cartwright
•Thank you! That's a relief. The adjudicator made it sound like I was completely at fault, but the situation was much more complicated. I've been diligently doing my job searches each week. Do I need to do anything special after the 10 weeks are up, or will they automatically start processing my payments?
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Rachel Clark
idk much about the 10 week thing but u should definitly appeal the decision if u think ur boss was being unfair!! my friend got fired for something similar and she won her appeal. u only have like 30 days to file it tho
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Chris King
•This is important to consider. If OP feels they were wrongfully terminated or that their behavior didn't rise to the level of misconduct, they could appeal. However, if they wait out the 10 weeks, they'll still get benefits going forward. The appeal would mainly be to recover the 10 weeks of benefits they missed during the penalty period. Each person needs to decide if that's worth the stress of going through the appeal process.
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Zachary Hughes
The SAME EXACT THING happened to me last year! My manager was a complete NIGHTMARE and I finally stood up for myself after months of abuse. Then they fired me claiming I was "insubordinate" and "violated company policy" - complete BS! ESD gave me the 10-week penalty too. I waited it out and started getting benefits after the 10 weeks. BUT I WISH I HAD APPEALED! You might want to appeal this decision if you have any evidence (emails, texts, witness statements) showing your boss was the problem. The 30-day appeal deadline is important though!!
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Amelia Cartwright
•I'm sorry you went through that too. It's awful how some employers can mistreat people then twist things around when you stand up for yourself. I do have some emails and text messages that show the pattern of how they spoke to me. Maybe I should appeal... though honestly, the thought of having to relive all that stress in a hearing is making my anxiety spike.
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Mia Alvarez
To clarify a few things from my experience working with claimants: 1. The 10-week disqualification period starts from your last day of work, not the determination date 2. You must continue filing weekly claims during these 10 weeks to qualify afterward 3. You must still complete and document 3 job search activities each week 4. After the 10 weeks, benefits should begin automatically if you've met all requirements I'd recommend checking your ESD account after week 10 to ensure everything transitions correctly. Sometimes you need to call ESD if the system doesn't automatically update your eligibility status. As others mentioned, appealing is an option, but you only have 30 days from the date on your determination letter.
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Carter Holmes
•getting through to ESD on the phone is almost impossible these days! i spent 4 hours on hold last week and then got disconnected. so frustrating...
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Sophia Long
I had to wait through an 8-week disqualification last year after a similar situation. If you want to reach ESD to confirm anything, I found a service called Claimyr that got me through to an actual ESD agent in about 20 minutes instead of waiting on hold for hours. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. You still talk directly with ESD, but they handle the hold time for you. It helped me verify exactly when my benefits would start after my waiting period.
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Amelia Cartwright
•That sounds helpful, thanks for sharing. I've tried calling ESD twice and got disconnected both times after waiting over an hour. I'll check out that video. I really want to confirm my eligibility date and make sure there won't be any issues once I hit the 10-week mark.
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Angelica Smith
wait i'm confused about something... does the 10 week thing mean you get backpay for those weeks eventually? or are those weeks just completely lost benefits?
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Mia Alvarez
•Those 10 weeks are a penalty period - you permanently lose benefits for that time. You won't receive backpay for weeks during the disqualification period. Once the penalty period ends, you can start receiving benefits going forward if you continue to meet all eligibility requirements including job search activities.
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Carter Holmes
My friend just went through this. The 10 weeks definitely starts from your termination date. She got benefits exactly on week 11. Be super careful with your job search logs during this time though - they scrutinize them more heavily for people with misconduct determinations. Make sure you're doing your 3 activities every week and documenting everything in detail!
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Amelia Cartwright
•That's good to know about the extra scrutiny. I've been really thorough with my job search logs so far - typing up detailed notes about each application and keeping a separate record outside the ESD system just in case. I'll be extra careful these next few weeks.
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Zachary Hughes
One more thing - after your 10 weeks are up, it can sometimes take an extra week for payments to actually hit your account. ESD's system doesn't always process the transition immediately. So don't panic if you don't see money right away after week 10. And DEFINITELY call if nothing happens by week 12!
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Amelia Cartwright
•Thanks for the heads up. My savings are getting really low at this point, so I'm counting on those benefits starting on time. I'll be prepared for a possible delay though. Hoping it all goes smoothly!
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