Does ESD adjudicator make eligibility decision based on when employer responds to claim?

The adjudicator will make the eligibility decision regardless of when your employer responds. ESD gives employers 10 days to respond to a claim, but if they don't respond in time, the adjudicator will make a decision based on your statement and any other available information. However, even if your employer responds late, ESD can still consider their information. Being fired for performance could be disqualifying depending on the circumstances, so be prepared to explain your side clearly. Make sure you keep filing your weekly claims during adjudication.

nope employer missing deadline doesnt auto approve u. my boss took 3 weeks to respond and they still denied me at first. had to appeal

I HATE how this system is rigged against workers!!! Your employer can take forever to respond and still get their side considered, but if YOU miss a deadline by ONE DAY, your whole claim gets denied. It's complete garbage. I had an adjudicator who clearly just believed whatever my employer said even though they had ZERO documentation. Make sure you document EVERYTHING and don't trust the adjudicator to be fair!

I went through this exact situation last year! The key is to be super responsive to any questions from the adjudicator. When they called me, I had all my documentation ready - final paystubs, performance reviews, termination letter, everything. Make your case clearly about why the performance issues were either made up or not your fault. One tip: if you're having trouble getting through to ESD to check on your adjudication status, I found a service called Claimyr (claimyr.com) that helped me get through to an actual human at ESD. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me hours of redial hell when I was desperately trying to figure out what was happening with my claim.

my brother works for esd (not as an adjudicator) and he says they almost always side with whoever has the most documentation. if u have proof the performance thing is fake you'll probably be ok

Let me just add something important - did you receive any written warnings before being fired? Was there a progressive discipline policy they were supposed to follow but didn't? Those details can really matter in your case, especially if they claim it was for performance but can't show they followed their own policies. And for what it's worth, I've seen claims get approved even when the employer responded late with their side of things, but the employee had good documentation showing the termination wasn't for misconduct or truly poor performance. So gather whatever evidence you can!

I had a similar thing happen and my claim was in adjudication for almost 6 weeks!!! Keep filing your weekly claims even though you're not getting paid yet. If they approve you, you'll get all the back payments at once. But yeah, the employer responding late doesn't automatically approve you - wish it did lol