ESD claim reopen shows 23 weeks instead of 26 - can I file against recent employer later?
I got laid off about 3 weeks ago and filed for unemployment. When I submitted, the system showed I was 're-opening' a previous claim with 23 weeks available rather than starting a fresh claim with 26 weeks. I think this is because I had a short 3-week unemployment period in early 2023 when I used just a tiny portion of my benefits. My situation: I worked at Company A for 2+ years, got laid off, collected 3 weeks of UI, then found a job at Company B. I worked at Company B for about 7 months before this recent layoff. What's confusing me: I expected to see 26 weeks available for this new unemployment period, but instead ESD is having me reopen my old claim with only 23 weeks left. My question: If I exhaust these 23 weeks without finding work, can I then open a completely new claim based on my 7 months at Company B to get additional weeks? Or am I just limited to the 23 weeks from my old claim? I'm worried about planning finances for the next few months while job hunting. Any insight appreciated!
17 comments
Grace Johnson
You're right about what's happening. When you have an unexpired benefit year, ESD requires you to reopen that claim first before starting a new one. Benefit years last for 12 months from the initial filing date, so your original claim from 2023 was still active. The 23 remaining weeks is correct because you already used 3 weeks of the standard 26-week maximum. After you exhaust those 23 weeks, or when your benefit year expires (whichever comes first), you could potentially file a new claim based on your more recent employment. However, to qualify for a new claim, you need to have worked enough hours in your base year (usually 680+ hours). Your 7 months at Company B might be enough, but it depends on how many hours you worked and when exactly those hours were worked relative to your new filing date.
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Aurora St.Pierre
•Thanks for explaining! So it sounds like I'm on the right claim for now. Do you know if there's a way to check ahead of time if my 7 months at Company B would qualify me for a new claim later? I worked full-time (40hrs/week) the whole time, so that should be around 1,120 hours total.
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Jayden Reed
i went thru EXACT same thing last year!!! had 21 wks left from old claim, had to use those up first before they woudl let me file a new claim. super annoying cause my new job paid way more so my benefit amount woudl have been higher on new claim but ESD makes u use up the old one first. u definitely can file a new claim after ur 23 wks run out but only if u worked enough hours at the new job
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Aurora St.Pierre
•That's so frustrating about the lower benefit amount! I hadn't even thought about that aspect. My new job did pay about 15% more than my previous one, so I'm probably in the same boat with a lower benefit than I could get.
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Nora Brooks
The whole system is designed to PAY YOU LESS!!! They ALWAYS make you reopen old claims even when your new job paid more because they don't want to pay higher benefits! My brother-in-law lost almost $200/week because of this exact issue and ESD wouldn't budge no matter how many times he called them. It's all about saving money for the state not helping workers!!
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Eli Wang
•That's not exactly accurate. The rules about reusing an existing claim before filing a new one are set in state law - it's not an ESD choice or conspiracy to pay less. The law is designed for consistency in how claims are processed. Yes, sometimes it results in lower benefits if your newer job paid more, but other times it benefits people who had higher-paying jobs earlier and lower-paying jobs recently. The system works the same way for everyone regardless of which scenario applies.
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Cassandra Moon
I know how frustrating this can be! Since no one's mentioned it yet - if you're having trouble getting through to ESD about your specific situation (which often happens), I used a service called Claimyr (claimyr.com) to reach an actual ESD agent when I had questions about my claim situation. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 They basically help you bypass the hold times and actually get through to someone who can look at your specific claim details. It was worth it for me because I had a complicated question about base periods that I couldn't figure out from the website.
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Zane Hernandez
•did this actually work? i tried calling ESD like 23 times last month and never got thru!! might try this if it actually works
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Cassandra Moon
•Yes, it worked for me! I was skeptical at first but I got connected to an ESD agent in about 20 minutes instead of spending days trying to get through on my own. The agent was able to confirm exactly how my hours would count toward a future claim, which was exactly what I needed to know.
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Genevieve Cavalier
So wait are you saying you can have 2 unemployment claims open at the same time? I'm confused how this works with the benefit year thing.
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Grace Johnson
•No, you can't have two claims open simultaneously. Here's how it works: 1. When you file for UI, you establish a "benefit year" that lasts 12 months 2. During that benefit year, you can receive up to 26 weeks of benefits 3. If you return to work but lose your job again within that same benefit year, you reopen the existing claim and use remaining weeks 4. Only after your benefit year expires OR you use all available weeks can you file a completely new claim 5. To qualify for a new claim, you need 680+ hours of work since the beginning of your previous claim The OP has 23 weeks left on their current claim's benefit year, and they're asking if after using those up, they can file a new claim based on their most recent 7 months of work.
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Eli Wang
To directly answer your question: Yes, after exhausting your 23 weeks, you can file a new claim if you've worked enough qualifying hours. With 7 months of full-time work, you likely have sufficient hours (you need 680 hours in your base year). What you need to know about the new claim: 1. Your base year for the new claim will be the first 4 of the last 5 completed calendar quarters before filing 2. Your weekly benefit amount will be based on your earnings during that base year 3. You might experience a gap between claims while ESD processes the new application I recommend starting the new claim application process 1-2 weeks before your current benefits exhaust to minimize any payment gaps. When the system asks if you have worked since your last claim, you'll provide your Company B information.
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Aurora St.Pierre
•This is really helpful information! I didn't realize I should start the new claim process before my current benefits run out - that's a great tip. Since my job at Company B was full-time for 7 months, it sounds like I should qualify. I'll start gathering my earnings information from Company B now so I have it ready when needed.
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Zane Hernandez
i herd theres a waiting week for new claims so mabye prepare for that??? not sure if thats still a thing in 2025 but i had to wait a week when i filed last year just fyi
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Grace Johnson
•Yes, the waiting week is still required for new claims in 2025. When you file a brand new claim (not when reopening), your first eligible week serves as an unpaid waiting week. However, this only applies to new claims - since the OP is currently reopening an existing claim, they shouldn't have a waiting week now. They would face a waiting week only when filing the completely new claim after exhausting the current benefits.
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Aurora St.Pierre
Thank you all for the helpful responses! Just to make sure I understand correctly: 1. I'm currently using my old claim with 23 weeks remaining (which is correct) 2. After I use those weeks OR my benefit year expires, I can file a new claim 3. For the new claim, I'll need 680+ hours from my 7 months at Company B (which I should have) 4. I should start the new application 1-2 weeks before my current benefits run out 5. There will be a waiting week for the new claim This is all super helpful for planning purposes. One last question - will my benefit amount on the current claim always be based on my income from Company A, or does it get recalculated with my Company B income too?
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Eli Wang
•Your current claim's weekly benefit amount is fixed based on your earnings from the base year used when you first filed that claim (primarily from Company A). It won't be recalculated to include Company B earnings until you file a completely new claim. This is why some people find themselves receiving lower benefits when reopening an old claim despite having earned more at their recent job - the benefit calculation was based on their earlier, potentially lower-paying employment. Unfortunately, there's no way around this - you must exhaust the existing claim before filing a new one with updated earnings information.
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