< Back to Washington Unemployment

Oliver Zimmermann

ESD claim eligibility after working without pay during background check renewal period?

I'm in a really weird situation with my employer and not sure if I can file for unemployment. I've been working as a home health aide for the same company for almost 5 years. In January 2025, they required me to renew my background check but didn't process it properly. For THREE WEEKS I continued working with my clients (they never told me to stop), but when I tried to submit my timesheet, the system wouldn't let me. Now that my background check finally cleared, my manager informed me in writing that they won't pay me for those three weeks I worked! That's nearly $2,800 in lost wages! I'm a single mom supporting two kids and this has put me in a terrible financial situation. Can I file for unemployment for those weeks since technically I worked but wasn't paid? Or should I file a wage complaint with L&I instead? Has anyone dealt with something like this before?

This is definitely an L&I wage complaint issue, not unemployment. You worked those hours and they're legally required to pay you regardless of their internal background check procedures. Document everything - save all communications where they admitted you won't be paid for work performed. WA state takes wage theft very seriously. File your complaint here: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

0 coins

Thank you for the quick response! Do you know how long the L&I process usually takes? I'm in a desperate situation and need to figure out how to pay bills while waiting for this to be resolved.

0 coins

this happened 2 my brother last yr when he worked for a different homecare company!!! they made him wait 4 weeks for his fingerprint check 2 come back but still scheduled him with clients. when he finally got back in the system they only paid him for like half the hours!! he went 2 L&I and they got him all his money plus some extra penalty $$$. definitely do NOT file 4 unemployment, u were employed just not paid

0 coins

That's good to hear they eventually got it resolved for your brother! Did he have to hire a lawyer or anything? I'm worried about how long this might take.

0 coins

Javier Torres

•

You should try contacting ESD directly to ask about your specific situation. Sometimes there are partial unemployment benefits available for significant reduction in hours/pay, but this is a complicated case. I had trouble getting through to ESD for weeks when I had a similar question about reduced hours last month. I finally used a service called Claimyr (claimyr.com) that got me connected to an ESD agent in under 30 minutes instead of waiting on hold for hours. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was worth it to get a definitive answer directly from ESD rather than guessing.

0 coins

Emma Davis

•

Honestly I'd skip ESD and go straight to L&I for this. This is wage theft, not unemployment. The company TOLD YOU TO KEEP WORKING but now won't pay? That's illegal in Washington state. ESD will probably tell you the same thing, since you weren't technically unemployed during that period.

0 coins

Malik Johnson

•

I'm an employment attorney and can confirm this is a clear wage theft case, not unemployment. Washington state law is very protective of workers in these situations. RCW 49.48.010 requires employers to pay all wages due to an employee. The fact they allowed you to continue working means they must pay you. File with L&I immediately and keep these key points in mind: 1. You have 3 years to file a wage complaint, but do it ASAP 2. They're potentially liable for double damages plus attorney's fees 3. Document EVERYTHING - save texts, emails, timesheets, etc. 4. If your union isn't helping, consider filing the L&I complaint independently L&I claims typically take 60-90 days to investigate and resolve, but they're very thorough.

0 coins

Thank you so much for this detailed information! I'm definitely going to file with L&I today. In the meantime, do you know if I could qualify for any emergency assistance programs while waiting for the L&I process? My rent is due next week and I'm really worried.

0 coins

OMG this makes me so mad!!!! 😡 These home health agencies are THE WORST! I worked for 3 different ones and they ALL tried to pull shady stuff with pay. They prey on immigrants and people who don't know their rights. File with L&I and also report them to DSHS since they oversee home care agencies. And document EVERYTHING!

0 coins

Completely agree. And @OP, while you're waiting for the L&I process, you might want to apply for emergency assistance through DSHS. You can apply for emergency food benefits and possibly emergency cash assistance if you explain your situation. Go to WashingtonConnection.org to apply or visit your local DSHS office.

0 coins

Ravi Sharma

•

wait im confused... did u actually keep working after the system wouldn't let u submit timesheets? or did u stop working when u saw that? cuz that affects what kind of claim u should file

0 coins

Yes, I kept working because they never told me to stop! I was caring for vulnerable clients who needed daily assistance, and my supervisor kept assigning me shifts through our regular scheduling app. I just couldn't submit my timesheet for payment, but was told to "keep track of hours" while they sorted out the background check. They clearly expected me to work during this time, just decided after the fact not to pay me.

0 coins

Malik Johnson

•

Based on your additional details, this is an even clearer wage theft case. The fact that they continued scheduling you through their app is strong evidence that they authorized and expected the work to be performed. Make sure to include screenshots of your schedule in the app when filing with L&I. Regarding emergency assistance while you wait: apply for expedited food benefits through DSHS (can be approved in 7 days), contact 211 for emergency rent assistance programs in your area, and check with St. Vincent de Paul and other local charities that sometimes provide emergency funds. Your situation would qualify as an emergency hardship with many assistance programs.

0 coins

Thank you so much for all this information. I just filed my L&I complaint online and included screenshots of everything including the scheduling app. I'll call 211 today about emergency rent assistance. This community has been so helpful - I felt completely lost before posting here.

0 coins

Washington Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today