ESD allowing employer's late response while my claim sits in adjudication - any way to escalate?

Unfortunately, this is pretty common. ESD typically gives employers more leeway with deadlines than claimants. The standard is different because they need the employer's information to make an accurate determination, even if it's late. As for escalation paths, the Governor's Office did have an unemployment taskforce back during the pandemic years, but it was disbanded in late 2022. Your best options now are: 1. Contact your state representative or senator's office - they often have staff dedicated to helping constituents with state agency issues 2. File a complaint through the ESD website (though honestly, this rarely speeds things up) 3. Request an expedited adjudication due to financial hardship if you're facing eviction or utility shutoffs In my experience, adjudication takes 4-6 weeks currently, but can stretch to 8+ weeks during busy periods. The system definitely favors employers in many ways, which is frustrating but unfortunately how it works.

I went through something similar last year. My employer was almost two weeks late with their response and I was stuck in adjudication for nearly 7 weeks! What finally worked for me was calling ESD every single day until I got through to someone who could help. It's ridiculously difficult to reach them by phone though. I discovered a service called Claimyr (claimyr.com) that helped me actually get through to an ESD agent after weeks of trying on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 When I finally spoke with an agent, they were able to see that my employer's late response was holding everything up, and they prioritized my claim. Got approved within 3 days after that call. Sometimes you just need to get a human on the phone who can see what's actually happening with your claim.

same thing happend to me lol. my boss took like 2 weeks to respond and then lied anyway!! esd dosnt care about us at all. they just want to make sure the businesses are happy. good luck getting anyone on the phone btw, i tried for 3 weeks and gave up

I work in HR and can offer some perspective from the employer side. The ESD system sends employer notices to a registered address, which is often corporate headquarters or a third-party unemployment administrator. These sometimes take time to route to the right department, especially in larger companies. That said, there IS a distinction in how ESD handles late responses: 1. If an employer doesn't respond by the deadline, the claim typically proceeds based solely on the claimant's information 2. If the employer responds late but within a reasonable timeframe, ESD may still consider it, but this typically shouldn't delay an already-in-progress claim 3. If new information contradicts your statement, that's when adjudication happens It sounds like your employer provided some conflicting information that triggered adjudication. You can call ESD and specifically ask what issue is being adjudicated - they should tell you what the conflict is about (separation reason, wages reported, etc.). This might help you prepare any documentation you need to support your case. The current adjudication timeline is averaging 5-7 weeks unfortunately.

Have you submitted all your documentation showing you were let go and didn't quit? That's what happened to me - my employer claimed I voluntarily left but I had an email trail showing I was laid off. Adjudication is frustrating but if you have good documentation, you'll likely win. I was in adjudication for 5 weeks last February, and they ultimately ruled in my favor. Just make sure you keep filing your weekly claims during this time! As for speeding things up, I called my state representative's office (I'm in the 45th district) and their constituent services person contacted ESD on my behalf. It didn't solve everything immediately, but my claim was resolved about a week later. I think having that official inquiry helped move things along. Worth a try!

Don't get me started on ESD favoritism towards employers! The whole system is designed to protect businesses at our expense. My employer flat out LIED about firing me last year, claimed misconduct when they actually eliminated my position, and ESD just believed them without question! I had to fight for THREE MONTHS to get my benefits. Honestly, your best bet is to: 1) Keep detailed records of EVERYTHING 2) Compile any evidence you have that contradicts your employer 3) Prepare for the adjudication interview - write down key points 4) Be ready to appeal if ESD sides with your employer The system is broken, but if you're persistent and have documentation, you can win. Good luck!!!

One additional thing to note: ESD has specific rules about when they can and cannot accept late employer responses, outlined in WAC 192-130-065. The rule states that an employer's response may be considered if received within 30 days of the mailing of the Notice to Base Year Employer, if good cause is established. What this means for you: Your employer's 10-day late response is technically still within the extended timeframe allowed by regulation. However, they should have been required to establish "good cause" for their lateness. If you do speak with an ESD agent, you can specifically ask if the employer provided good cause for their late response as required by WAC 192-130-065. If they didn't, you have grounds to request that their late response not be considered. This might be helpful information for your adjudication interview.

Update: I wanted to share what finally worked for me in case it helps others in a similar situation. I tried everything suggested here - calling repeatedly (never got through), contacting my state representative (they sent an inquiry but I didn't hear back), and submitting additional documentation through my eServices account. What finally worked was using Claimyr to get through to an actual ESD agent. I was skeptical, but after 5 weeks in adjudication with no progress, I was desperate. The service connected me to an ESD agent in about 30 minutes. The agent was actually very helpful and explained that my employer had claimed I quit voluntarily, which contradicted my layoff documentation. She scheduled an adjudication interview for the following week and flagged my case for priority review due to the lengthy delay. I had my adjudication interview yesterday, was able to present all my evidence, and got approved today! All benefits are being paid retroactively. If anyone else is stuck in adjudication limbo, don't give up. Keep excellent records, continue filing weekly claims, and find a way to speak with an actual human at ESD who can see what's happening with your claim.