ESD benefits when in limbo with staffing agency but not officially laid off?

You can absolutely apply for unemployment in this situation. What you're describing is called 'lack of work' which is a qualifying reason for UI benefits. The agency isn't providing you with work and isn't paying you - that's essentially a layoff regardless of what they're calling it. Make sure when you file that you clearly explain the situation exactly as you did here. They may try to fight it by saying you refused suitable work (the relocation), but caring for family members is often considered good cause for refusing to relocate. Document everything, especially any communications about your unwillingness/inability to relocate due to family care responsibilities.

im in almost SAME boat last year!! agency tried this on me too! they siad i had to move to portland or no pay but keep me 'on the books' as they call it. I filed for UI and got it but had to appeal first bcuz they said i refused work. the judge sided w/ me because they cant force u to MOVE for a job thats not reasonable!! make sure u save ALL emails where they say this stuff!!!

ya they fought it HARD. took like 5 weeks for appeal hearing then another 2 wks for decision. but i won! make sure u tell UI exactly why u cant relocate (elderly parents) cuz thats important. they cant expect u to just abandon family!

This is a very common issue with staffing agencies. The key legal concept is whether there is a "continuing employment relationship with substantial earnings." In your case, there are NO earnings, so you clearly qualify for UI. When you file, list your reason as "lack of work" or "position ended." Be prepared that the agency may contest your claim arguing you refused suitable work. However, the relocation requirement is likely unreasonable, especially with family care obligations. Make sure to document: 1. That your contract ended (date specific) 2. That they're not paying you anything during this period 3. Any communications about your inability to relocate 4. The timeframe of how long it's been since you had actual paid work WA state is generally employee-friendly in these situations.

i had this happen too!!! they said i was 'employed' for tax purposes but no $$$$ for me! super sketch. ESD took forever to process my claim tho cuz the agency kept saying i was still their employee. so annoying!!

took like 8 weeks before i got my first payment cuz it got stuck in adjudication. they kept asking for more info. was super stressful

When I was in adjudication for a similar issue, I couldn't get through to ESD for weeks. I finally used Claimyr (claimyr.com) and got connected to an ESD agent in about 15 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent was able to review my case and tell me exactly what documentation they needed. Saved me weeks of waiting and wondering if I'd done everything right.

These staffing agencies are PREDATORY!!! They want to have it both ways - not pay you but keep you from getting benefits. File immediately and let them try to fight it. The burden of proof will be on THEM to show you have "reasonable assurance" of continued employment with "substantial earnings." No pay = no substantial earnings = you qualify for UI. Period.

My cousin works for ESD (not speaking officially obvs) and she says they see this ALL THE TIME with staffing agencies. Make sure you're super clear about the facts: contract ended, no current assignment, no current pay, and can't relocate due to family care obligations. Should be pretty straightforward case for approval.

When you file, make sure to address these specific points: 1. Your last day of actual paid work 2. That the agency is not providing you with any income currently 3. That they are conditioning future income on relocation 4. Your specific reason why relocation isn't possible (elder care) Also, start your job search immediately and document all activities. You'll need to report 3 job search activities per week once you start claiming. Even if your claim goes into adjudication, keep filing weekly and doing your job search activities.

Based on what you've shared and similar cases, you're very likely eligible. The key test is whether you're receiving substantial pay - and zero pay clearly fails that test. File your claim, clearly document why relocation isn't possible (family care is a recognized good cause), and be prepared for possibly needing to provide additional information during adjudication. The agency might try to argue you refused suitable work, but that argument typically fails when relocation is required and you have family obligations. Good luck!