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ESD denied daughter after 90-day probation firing - 5 weeks with no payment, facing eviction!

My daughter is panicking and I don't know how to help her with this ESD nightmare. She was let go from her position because the company 'needed someone with more experience' and 'didn't have staff available to train her' - this happened right after she completed her 90-day probation period. Prior to this job, she had worked steadily at the same place for 3 years with no issues. She filed for unemployment immediately and has now submitted 5 weekly claims with ZERO payment from ESD. Every single day she calls and stays on hold for 3+ hours (I've seen her phone timer myself). When she finally gets through, agents just tell her 'keep filing your claims, we don't see any issues, we're just backed up.' That's it - no timeline, no explanation, nothing! She even contacted her state representative two weeks ago who sent back a generic 'we'll look into it and contact you soon' email. No follow-up. Meanwhile, her rent is now 15 days late and she's received an eviction notice. She's borrowing money for FOOD. She's gone on 3 interviews but nothing has come through yet. I can hear her crying on the phone and it breaks my heart. What more can she do? How is it legal for ESD to just make people wait indefinitely with no income? Has anyone had success getting through this nightmare? I'm desperate to help her.

Yara Sayegh

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This happened to my son last year. The issue might be that ESD is investigating whether she was fired for cause or laid off due to lack of work. Since they let her go after probation citing 'needs someone with more experience,' it sounds like they're treating it as a performance-related separation, which would make her ineligible for benefits. She needs to specifically ask if her claim is in adjudication. If it is, she should submit a detailed statement explaining that she was never given adequate training and that her separation wasn't misconduct but rather the employer's decision not to continue training a new employee. She should emphasize that she was willing and able to learn but wasn't given the opportunity.

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Thank you for explaining this! The agents never mentioned adjudication when she's called, just that everything looks fine and is "processing." I'll tell her to specifically ask about that status. Do you know how long adjudication typically takes? It seems cruel to leave someone with no income while they investigate.

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THEY DO THIS ON PURPOSE!!!!!! The ESD system is DESIGNED to wear people down until they give up on getting benefits they deserve. Your daughter NEEDS to keep calling EVERY DAY and specifically ask for a TIER 2 SPECIALIST. The regular agents just read scripts and have no power to actually fix anything!!! I went through EXACTLY the same thing last summer - they kept me waiting for 8 WEEKS before paying anything. No explanation, just "we're backed up" excuses. Meanwhile I almost lost my car!!! The whole system is broken and they DON'T CARE.

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Paolo Longo

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omg yes ask for tier 2!! thats what finally worked 4 me too. regular agents just say the same thing over and over

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CosmicCowboy

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Has she checked her eServices account for any messages or alerts? Sometimes ESD sends important notifications there that require a response, but they don't email you about them. She should log in and check the "Decisions" and "Pending Issues" sections to see if there's something waiting for her attention. Also, has she received a monetary determination letter yet? This would tell her what her weekly benefit amount should be. If she has received this but still isn't getting paid, it definitely points to some kind of hold or investigation on her claim.

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She checks eServices daily and says there's nothing in her inbox or alerts. She did get a monetary determination letter showing she qualifies for $478/week. That's why it's so frustrating - everything looks approved but the money never comes! It's like her claim is in some kind of limbo.

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Amina Diallo

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ur daughter needs to call right when they open at 8am sharp. not 8:01, exactly 8am. thats the only way i could get through without the 3hr wait. also tell her to try calling on tuesday or wednesday, monday and friday are the worst days.

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She's been trying the 8am trick but says the phone system puts her in queue regardless. Maybe she'll have better luck mid-week. Thank you for the suggestion!

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CosmicCowboy

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I went through a similar situation earlier this year and discovered Claimyr (claimyr.com), which helped me actually get through to an ESD agent without the 3+ hour hold times. It basically keeps dialing for you and calls you back when it gets through. Saved me hours of frustration, especially when I was dealing with an adjudication issue that sounds similar to what your daughter might be facing. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 In my case, once I actually spoke with a knowledgeable agent, they were able to identify that my claim needed to be escalated to an adjudicator, and things started moving within days instead of weeks.

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I've never heard of this service before. I'll definitely pass this information along to her. At this point, anything that might help her get actual answers is worth trying. Thank you!

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Oliver Schulz

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Your daughter's situation is frustrating, but unfortunately common right now. Here's what she should do immediately: 1. File a hardship request due to the eviction threat. Call and specifically say "I need to file a hardship request due to pending eviction" - this can expedite claims. 2. Contact the Unemployment Law Project for free legal assistance: https://unemploymentlawproject.org/ 3. Have documentation ready showing she was terminated for reasons other than misconduct - any performance reviews, emails about training needs, etc. 4. When she calls, ask specifically: "Is my claim in adjudication or is there a specific issue holding up payment?" 5. Document every call - date, time, agent name, and what was said. If her former employer is contesting the claim by saying she wasn't qualified (rather than that they couldn't provide training), that could be what's causing the delay.

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This is incredibly helpful information, thank you so much. I didn't know hardship requests were an option. She definitely has the eviction notice to prove the hardship. I'll pass along the information about the Unemployment Law Project too. I really appreciate you taking the time to share these specific steps.

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Paolo Longo

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i had to wait 7 weeks for my first payment!!! the system is sooo backed up rn its crazy. tell her to keep filing every week even with no money coming in. if shes approved theyll pay all the back weeks at once. thats what happened to me. got like $3400 all at once when they finally fixed whatever was wrong.

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THIS! They NEVER tell you there's a problem until weeks later!!! I had to FIGHT for 2 months to get my backpay, and they never even apologized for the delay. The whole system is BROKEN!!!

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Oliver Schulz

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One important thing to note: Her former employer has 10 days to respond to her initial claim. If the employer contested the claim by saying she was let go due to performance issues, that would automatically trigger an adjudication process. In adjudication, both sides present their case about why the separation occurred. Since this happened right after her probation period ended, ESD might be investigating whether this was a performance-based termination (which could disqualify her) vs. a layoff due to employer needs (which would qualify her). The key is getting someone at ESD to confirm if the claim is in adjudication and what the specific issue is. Regular phone agents can see this information, but sometimes they don't volunteer it unless specifically asked.

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this happened to me and when i finally got thru they said my employer never even responded but they still had to wait the full time period before proceding?? makes no sense.

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Yara Sayegh

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Since your daughter is facing eviction, she should also immediately: 1. Apply for emergency rental assistance through her county's program 2. Contact 211 for other crisis resources 3. Let her landlord know she's applied for unemployment and is waiting for benefits Some landlords will work with tenants if they know there's potential income coming. She should get the eviction notice and her ESD claim information to her state representative again - be persistent and specific about the emergency nature of her situation.

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Thank you for these resources. She's already reached out to her landlord who gave her until the end of the month before proceeding further with eviction. I'll make sure she knows about the rental assistance options and 211. I appreciate your help so much.

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