ESD eligibility after job elimination & quitting replacement position with new company?
I've been a full-time manager at SuperStore for over 2 years with a solid performance record. Last month, our locations were acquired by CompetitorMart and my original position was completely eliminated during the transition. The new company offered me what they called an "equivalent position" which I accepted because I needed income. Fast forward 4 weeks, and I'm realizing this new role is nothing like my previous job. The responsibilities are completely different, requiring technical skills I don't have, the hours have increased by 15+ hours weekly with no additional compensation, and the working conditions are honestly terrible. I'm considering quitting, but I'm worried about my unemployment eligibility. Since my original position was eliminated through no fault of my own, can I still qualify for unemployment benefits through my original employer even though I technically accepted (and would now be quitting) this new position? Would ESD consider this a case where I had "good cause" to refuse unsuitable work? I'm really struggling with this decision because I need income but this new situation is taking a serious toll on my health. Any insights from people who've been through similar situations would be greatly appreciated!
20 comments
Ava Garcia
You might actually qualify! When your original job was eliminated, that creates an initial eligibility for benefits. The fact that you tried the new position in good faith for a month before determining it wasn't suitable works in your favor. ESD has provisions for "unsuitable work" where the new position is substantially different from your previous employment in terms of skills, working conditions, or hours. Document everything about how the new job differs from your original position - especially the increased hours without additional pay and any skills they're requiring that weren't part of your original job description. When you file, be very clear that your original position was eliminated through no fault of your own and that you made a good faith effort to accept the new position before determining it was unsuitable. Don't quit yet though - it's always better to have this determination made while you're still employed if possible.
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Dmitry Popov
•Thank you for this detailed response! I've started documenting the differences between positions. One concern - my original employer will technically show as having "laid me off" but then the new company will show me as having quit. Will ESD be able to connect these events properly or will they just see the quit and deny me automatically?
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StarSailor}
ur definitely not elegible if u quit lol... ESD doesnt care about ur reasons they just see QUIT and ur done. they denied my friend who quite after his hours got cut to like 10 a week. system is rigged!!!
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Miguel Silva
•This isn't entirely accurate. ESD does recognize certain situations where quitting can still qualify you for benefits under "good cause" provisions. Major changes to job duties, substantial decreases in pay, or unreasonable increases in hours can potentially qualify. The key is documenting everything and being specific about how the new position differs from the original job that was eliminated.
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Zainab Ismail
I went through something sort of similar last year when my company merged with another and they eliminated my department. I was offered a "comparable" position that turned out to be COMPLETELY different and way more stressful. I quit after 6 weeks and applied for unemployment. The initial claim was denied because I "voluntarily quit." BUT I appealed the decision and explained that my original position was eliminated and the new position was unsuitable. Took nearly 8 weeks of back and forth with ESD (absolute nightmare getting through to anyone), but they eventually approved my claim! The key factors in my case were: 1. My original job was eliminated through no fault of my own 2. I tried the new position in good faith 3. I could document specific ways the new job was substantially different/worse Just be prepared for a fight. ESD's first instinct is always to deny claims that involve quitting.
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Dmitry Popov
•This is so helpful to hear about your experience! Did they backdate your benefits to when you initially filed, or just from when they approved after the appeal? I'm trying to budget accordingly since it sounds like I might need to prepare for a couple months without income.
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Zainab Ismail
They backdated to when I initially filed, but I still had to go through the waiting week. The hardest part was getting anyone on the phone to discuss my appeal. I called literally 50+ times over several weeks and either got a busy signal or would wait on hold for hours only to get disconnected.
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Connor O'Neill
•If you're struggling to get through to ESD on the phone (which is basically everyone these days), I'd recommend checking out Claimyr.com. I used their service last month when I was stuck in adjudication hell and couldn't get anyone to answer my calls. They basically get you to the front of ESD's phone queue within minutes instead of hours of trying. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it for me since I was about to lose my mind trying to get anyone at ESD to answer basic questions about my claim status.
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Yara Nassar
just make sure yu DONT QUIT until you talk to someone at ESD!!!! when i quite my job last year they denied me instantly even tho my boss was harrassing me. once you quit ur in a bad situation
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Ava Garcia
•This is actually good advice. If possible, try to speak with an ESD representative before quitting to understand exactly how they'll view your situation. Each case is different and getting clarity on your specific circumstances is important. Just keep in mind getting through to someone at ESD can be extremely challenging.
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Keisha Robinson
One thing that might help your case is documenting that you made attempts to address the issues with the new employer before quitting. Have you tried talking to them about the increased hours or different job duties? ESD likes to see that you tried to "preserve the employment relationship" before leaving. Send emails rather than just having conversations so you have a paper trail.
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Dmitry Popov
•That's a smart suggestion. I've had one verbal conversation with my new manager about the hours, but I'll follow up with an email to create that paper trail. They weren't receptive at all during our talk, but at least I'll have documentation that I tried to resolve the issues before quitting.
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Miguel Silva
Here's the relevant WAC section that might help your case: WAC 192-150-100 specifically addresses "Employer-initiated changes to your job." It states that good cause for quitting exists when there are "substantial involuntary deterioration of the work conditions" including: 1. A 25% or greater reduction in pay 2. A 25% or greater increase in hours without a comparable increase in pay 3. A significant change in work duties that you're not trained for or is outside your experience From what you've described, points 2 and 3 seem directly applicable to your situation. Make sure to cite this specific WAC when filing your claim or if you need to appeal. Also, if you do end up having to appeal, request a hearing with an Administrative Law Judge rather than just a written redetermination. The approval rates are much higher when you can explain your situation directly to a judge.
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Dmitry Popov
•Thank you so much for citing the specific regulation! This is exactly what I was hoping to find. The 15+ extra hours definitely puts me over that 25% increase threshold, and the technical skills they're requiring were never part of my original job description. I'll make sure to reference WAC 192-150-100 specifically in my claim.
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Connor O'Neill
Something to consider: instead of outright quitting, would your new employer consider laying you off? Some companies are willing to code your separation as a layoff rather than a quit if you approach them professionally and explain the situation isn't working out. This would make your unemployment claim much more straightforward since you wouldn't have to deal with the voluntary quit issue at all.
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Dmitry Popov
•That's an interesting suggestion I hadn't considered. The new management seems pretty rigid, but it's worth a conversation. Would there be any downside to asking them about this? I don't want to give them a reason to fire me for cause instead.
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Connor O'Neill
Generally there's minimal downside to having a professional conversation. Frame it as "this role isn't the right fit for either of us" rather than "I want to quit but need unemployment." Many employers understand it's better for everyone if an employee who isn't a good fit moves on, and coding it as a layoff can be a win-win. If they seem receptive, you could even offer a transition period where you help train your replacement.
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GalaxyGuardian
•This is exactly what I did when my company got bought out!! The new owners were TERRIBLE and changed everything about my job. I talked to the new manager and basically said I wasn't a good fit anymore but would help with transition if they'd agree to code it as a layoff. They actually agreed because they wanted to bring in their own person anyway!
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Keisha Robinson
UPDATE: I called ESD this morning to ask about a similar situation and the agent confirmed that job elimination followed by unsuitable work CAN qualify for benefits. She said they look at these on a case-by-case basis and that documenting the differences between positions is critical. She also mentioned that if your pay was reduced by more than 25% OR your skills aren't transferable to the new role, those are strong factors in your favor. Hope this helps someone!
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Dmitry Popov
•Thank you for sharing this update! It's incredibly helpful to hear directly from an ESD agent about this type of situation. I'm feeling a bit more optimistic about my chances now.
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