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ESD disqualified me after taking severance - need appeal advice!

I'm in a tough spot with my ESD claim and could really use some advice from anyone who's been there. I worked at my company for almost 3 years when they offered a 'prompt exit package' (basically severance) equal to 2 months pay. I accepted it thinking this would be considered a layoff situation, but when I filed for unemployment, the online application didn't have many options. I couldn't find anything that matched my situation - I had to select 'quit' because that was closest to what happened. Now ESD has disqualified my claim saying I voluntarily quit without good cause! I need to file an appeal ASAP but have no idea what to include or how to explain this wasn't a typical 'quit' situation. Has anyone successfully appealed something similar? What should I emphasize in my appeal letter to get this overturned?

Javier Torres

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This happens ALL the time with ESD! The online system is terrible at capturing nuanced situations. I had almost the exact same issue last year when my employer offered a voluntary separation program. The key for your appeal is emphasizing that this was essentially a layoff - the company was reducing staff and offered packages as an alternative to involuntary terminations. In your appeal letter, make sure to include: 1. Documentation of the severance package terms showing it was part of a workforce reduction 2. Any communications indicating the company was downsizing 3. Whether others were also offered packages or laid off 4. Explain you had good cause to accept the package (implied threat of layoff without severance if you didn't take it) The good news is that ESD often overturns these initial disqualifications once they understand the full picture. Time is critical though - you only have 30 days from the disqualification notice to appeal!

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Natasha Volkov

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Thank you so much! This is exactly the type of info I needed. I do have the severance agreement which mentions 'workforce restructuring' several times. Should I attach the entire agreement or just excerpts? It's about 10 pages of mostly legal language.

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Emma Wilson

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i had this problem!!! omg the esd website is so confusing, like theres literally no option for "took a severance package" anywhere. when i called they told me to pick "laid off" not "quit" but by then it was to late for me. definitly appel before its to late!!!!

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Natasha Volkov

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That's what I should have done! I wish I'd called to ask first. How long did your appeal take to process? I'm getting really worried about bills piling up while this gets sorted out.

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Emma Wilson

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it took like 5 weeks for me but that was during tax season so maybe faster now? idk the whole system is such a mess

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QuantumLeap

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Your situation falls under what ESD considers a "quit with good cause" scenario if presented properly. As someone who's worked with many clients through similar appeals, I recommend highlighting that this was a constructive discharge situation - meaning the employer initiated the separation through the severance offer as an alternative to a direct layoff. In your appeal, clearly state: - The company initiated the separation process (not you) - The severance was part of a broader workforce reduction strategy - You would have continued working if not for the employer's action - Accepting the severance was reasonable given the circumstances Also, I'd recommend calling ESD directly to explain your situation. Getting to an actual claims specialist who can note your account can help tremendously during the appeal process.

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Malik Johnson

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Good points about constructive discharge. I went through something similar at Boeing and won my appeal. The key was proving the company initiated the separation - I included emails showing they were targeting certain departments for headcount reduction.

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Isabella Santos

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I've been trying to reach ESD for TWO WEEKS to explain a similar situation! Their phone lines are ALWAYS busy and the callback option never seems to work. How is anyone supposed to resolve these issues when you can't even talk to a real person?! The system is BROKEN by design if you ask me. They make it impossible to explain nuanced situations and then auto-deny anything that doesn't fit their narrow categories. It's absolutely infuriating!

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Ravi Sharma

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Have you tried using Claimyr? I was in the same boat trying to reach ESD for days about my disqualification. Someone in another thread recommended Claimyr.com and it actually worked - got me through to an ESD agent in about 25 minutes instead of spending days trying. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - basically they hold your place in line and call you when an agent is available. Made a huge difference in getting my issue resolved quickly.

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Freya Larsen

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Just wondering - did your severance agreement include a clause about not applying for unemployment? Sometimes companies put that in there and it can make things tricky.

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Natasha Volkov

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I just double-checked and there's nothing in there prohibiting me from applying for unemployment. It does say the package is 'in consideration of release of claims' against the company, but nothing specifically about unemployment benefits.

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Javier Torres

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That's good news! Companies can't legally prevent you from applying for unemployment anyway - that would be unenforceable. The separation agreement might release other claims, but unemployment eligibility is between you and the state, not you and the employer.

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Javier Torres

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One more critical piece of advice: keep filing your weekly claims even while your appeal is pending! Many people stop filing during the appeal process, but if you win your appeal, ESD can only pay you for weeks you actually filed claims. Don't miss out on potential benefits by forgetting this step.

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Natasha Volkov

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I didn't know this - thank you! I've been filing them but was wondering if it was pointless while disqualified. Good to know I should keep doing it.

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Emma Wilson

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wait a minute, i just remembered! my friend had this happen and what fixed it wasnt even an appeal. she called esd and asked for a "redetermination" first which is faster than a appeal. might be worth trying that route?

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QuantumLeap

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This is actually good advice. A redetermination request can sometimes be processed faster than a formal appeal, especially if it's clearly a misunderstanding about the nature of your separation. You can request both simultaneously - the redetermination and also file the appeal as a backup in case the redetermination doesn't work out. Just be mindful of deadlines for both processes.

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Natasha Volkov

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Update: I was able to reach an ESD agent today! They said my situation is actually pretty common, and they see it often with severance packages. They suggested I submit a detailed letter explaining that the company initiated the separation through a formal workforce reduction program, along with the severance documentation. She also mentioned requesting a redetermination first before going through the whole appeal process. Feeling much more hopeful now. Thanks everyone for your help!

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Malik Johnson

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That's great news! Glad you got through to someone. Did they give you any timeline for how long the redetermination might take?

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Natasha Volkov

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They said redetermination usually takes 7-10 business days once they receive all documentation. Fingers crossed it works and I don't need the formal appeal process!

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