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Ravi Sharma

ESD confused my work history - wrong employer in my appeal hearing!

I'm completely lost in an ESD nightmare right now. My claim has been a 13-week disaster and I think they've mixed up which employment I'm appealing! Timeline of this mess: 1. Filed for benefits after being TERMINATED from my most recent job (Company B) 2. Had to go through identity verification which took forever 3. ESD claimed they couldn't verify I worked at Company B even though I uploaded pay stubs showing their name right on them! 4. Then they denied my claim saying I QUIT my previous job (Company A) - which yes, I did quit over a year ago before starting at Company B 5. I filed an appeal about the denial based on Company B (where I was terminated) 6. Just got my hearing notice and it says I'm appealing the fact that I quit Company A... which I'm NOT! I'm so confused! The whole point is I was terminated from Company B and eligible for benefits. Why is my hearing about the job I quit over a year ago? Did I mess up the appeal paperwork somehow? Is this normal? The hearing is next week and I'm afraid they're going to be asking all the wrong questions. It's been over 3 months since I filed and I'm running out of savings. Anyone dealt with ESD mixing up employers like this? What should I do at the hearing?

This is unfortunately common with ESD. They often focus on ANY separation in your base year, not just your most recent one. Here's what's happening: even if you qualify based on your termination from Company B, they still have to determine if you're disqualified based on your separation from ANY employer in your base year. Since you quit Company A during your base year period, they're checking that separation too. At your hearing, be prepared to explain: 1. Why you quit Company A (did you have good cause under ESD rules?) 2. The circumstances of your termination from Company B Bring ALL documentation from both separations. This includes: - Pay stubs from both employers - Termination letter from Company B - Any documentation about why you left Company A - Any communications with either employer about your separation This is actually standard procedure, not a mistake in your case. You need to address both separations to get benefits.

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Thank you for explaining this! I had no idea they would look at a job I left so long ago. Do you know if I need to have "good cause" for quitting Company A even though I worked at Company B for over 9 months after that? I left Company A for better pay and opportunities at Company B. Will that be considered good cause?

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OMG the EXACT same thing happened to me in January!! I quit a retail job back in 2024, then worked at an office for 10 months before getting laid off. ESD focused ENTIRELY on the retail job I quit instead of the office job where I was laid off! It's like they look for ANY reason to deny you!!! My hearing was a disaster because I wasn't prepared to talk about the old job. MAKE SURE you bring documentation for BOTH jobs and be ready to explain why you left each one. The judge will definitely ask about both. I lost my hearing because I couldn't prove I had "good cause" to quit the retail job. So stupid!!! I worked somewhere else for almost a year after that!!!

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This is exactly why people hate ESD!! They dig through your entire work history looking for any excuse to disqualify you. So sorry this happened to you. The system is designed to deny people their benefits. It's disgusting how they treat people who are already struggling.

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I work in HR and can confirm this is normal ESD procedure. They look at ALL separations during your base year (typically the first 4 of the last 5 completed calendar quarters before you filed). Understanf that quitting for "better pay" at another job is NOT considered good cause under ESD rules. Good cause generally requires circumstances like: - Health reasons (with medical documentation) - Protecting yourself from domestic violence - Moving with a spouse who got a job in another area - Significant reduction in pay or hours (usually 25%+) - Illegal activities at workplace Quitting for better opportunities elsewhere is considered voluntary without good cause. The fact that you worked at Company B afterward doesn't change this. You'll need to show you had good cause to quit Company A OR that enough time has passed that the disqualification period would be over (typically 10 weeks of reported work).

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Wait, so even though I worked at Company B for 9+ months after quitting Company A, I could still be disqualified? That makes no sense! Does the 10 weeks of reported work have to be AFTER filing for unemployment or just 10 weeks of work after quitting the previous job? Because I definitely worked way more than 10 weeks at Company B after leaving Company A.

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i had something like this happen my hearing is about a job from 2 years ago lol not even the one i got fired from. esd is crazy. good luck man

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Went through this exact situation last year. Here's what you need to know: 1. The 10 weeks of work rule is important here - if you worked at least 10 weeks AND earned at least 10x your weekly benefit amount at Company B after quitting Company A, you should be able to purge the voluntary quit disqualification. Make sure you mention this at the hearing. 2. At the hearing, bring up your work history timeline right away. Tell the judge "I understand I'm being disqualified for quitting Company A, but I worked at Company B for X months afterward and was terminated from there. I believe I've satisfied the requirements to purge the voluntary quit disqualification." 3. Be prepared for them to ask about BOTH separations. Have clear, concise explanations for both. 4. If you lose at the hearing, you can appeal to the Commissioner's Review Office within 30 days. Stay calm during the hearing. The judges usually understand the rules about purging disqualifications with subsequent employment.

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Thank you! This is extremely helpful. I definitely worked more than 10 weeks at Company B - it was about 9.5 months of full-time work. I'm definitely going to mention the purging disqualification rule. This gives me some hope I can get this straightened out at the hearing.

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Try Claimyr if you need to talk to an actual ESD agent before your hearing to sort this out. I couldn't get through for weeks and was going crazy, then used Claimyr and got through to ESD in about 20 minutes. They have a service that calls ESD for you and connects you when an agent answers. Saved me so much stress when I was dealing with an adjudication issue. Website is claimyr.com and you can see how it works in this video: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Might be worth trying before your hearing to make sure they understand which job you're appealing. An agent might be able to correct this in the system.

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I'm going to try this tomorrow. I've been calling daily and can never get through. At this point, I'll try anything to talk to someone before the hearing. Thanks for the suggestion!

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Does this actually work? I thought it was impossible to get through to ESD no matter what. Their phone system is the worst.

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Yes, it worked for me! The trick is they use multiple lines to call ESD simultaneously, so they get through much faster than we can calling on our own. It's definitely worth it when you're dealing with urgent issues like an upcoming hearing.

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Quick update on the "purge period" question: The law states that if you worked at least 10 weeks AND earned at least 10 times your weekly benefit amount after a voluntary quit, you satisfy the requalification requirements. At your hearing, bring documents showing: 1. When you quit Company A 2. When you started at Company B 3. How long you worked at Company B (pay stubs showing at least 10 weeks) 4. How much you earned at Company B (to show it was at least 10x your weekly benefit amount) If you can demonstrate this, the quit from Company A should no longer disqualify you. Then the hearing can focus on your termination from Company B, which is what matters for your current claim.

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This is extremely helpful - thank you! I have all my paystubs from Company B showing I worked there from March 2024 through December 2024 (when I was terminated), so that's well over the 10-week requirement. My weekly benefit amount would be around $850, and I was making about $1,500/week at Company B, so I should be well over the 10x requirement too. I feel much more prepared for this hearing now!

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btw something else to know - in the hearing they record EVERYTHING so speak clearly and don't interrupt the judge. i did that in mine and the judge got super annoyed. also have all your dates memorized because they'll ask specific questions about when you started/ended each job. good luck!!

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One last thing to prepare for: Even after you address the voluntary quit from Company A using the purge period evidence, they will still examine whether your termination from Company B qualifies you for benefits. Make sure you're also prepared to discuss: 1. The exact reason for your termination from Company B 2. Any warnings you received prior to termination 3. Whether you violated any company policies 4. Any documentation of the termination reason If you were terminated for misconduct, you could still be disqualified regardless of resolving the Company A issue. Misconduct includes things like willful disregard of employer interests, violation of reasonable policies after warnings, dishonesty, etc. However, if you were terminated for performance issues despite your best efforts, inability to meet job requirements despite trying, or business reasons (layoff, reduction in force), these are NOT misconduct and shouldn't disqualify you.

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Fortunately, I was terminated from Company B due to a reduction in force. They eliminated my entire department due to budget cuts. I have the termination letter stating this, so I should be OK on that front. I'm hoping once we get past the Company A voluntary quit issue with the purge period evidence, the Company B termination will be straightforward since it was clearly not misconduct.

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