ESD wants interview after contacting governor's office - quit before firing - what to expect?
My husband's been waiting on his ESD claim for almost 2 months now (7 weeks). After getting nowhere with regular channels, he called the governor's office last week out of desperation. Today he got an email saying ESD needs to speak with him! Has anyone gone through this process after contacting the governor? What kind of questions will they ask? I'm especially nervous because his work situation is complicated - he technically quit, but ONLY after his manager told him they were planning to fire him the next day. He decided to quit instead to at least have some dignity. His former employer is pretty vindictive so I'm worried they're fighting his claim behind the scenes. Anyone dealt with a similar situation or know what to expect in this interview?
24 comments


CosmicCowboy
yep they'll ask about why he left the job. he should be SUPER honest about being told he was going to be fired. quitting instead of being fired can be tricky with ESD but if he can show he had no real choice it might be ok
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Oliver Becker
•Thanks! Do you know if he should have any documentation ready? His manager told him verbally about the firing plan, no emails or anything.
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Natasha Orlova
I've helped several clients through similar situations. This is called a "quit in lieu of discharge" case. The interview will focus on establishing that your husband had a reasonable belief he would be terminated if he didn't resign. They'll ask questions like: 1. Who told him he would be fired? (Manager's name/position) 2. What exact words were used? 3. Was there a specific date mentioned for the termination? 4. Were any reasons given for the planned firing? 5. Were there any witnesses to this conversation? The key is that your husband must establish he quit ONLY because termination was imminent and unavoidable. If ESD determines your husband would have been fired anyway, they'll likely approve benefits. Document everything you can remember from that conversation now, so the details are fresh for the interview.
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Oliver Becker
•This is SO helpful. I'll have him write down everything he remembers tonight. His direct supervisor literally said "Tomorrow will be your last day, but I wanted to give you the option to resign instead of having a termination on your record." Hopefully that's clear enough?
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Natasha Orlova
•That statement is exactly what ESD needs to hear. Make sure he quotes that verbatim in the interview. That's a textbook case of quitting in lieu of discharge, which shouldn't disqualify him from benefits. The employer may still contest it, but with that specific statement, your husband has a strong case.
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Javier Cruz
the guvnors office trick worked?? ive been trying to reach ESD for 3 weeks straight with no luck. Just get the recording saying call volume is too high and then it HANGS UP ON ME!!!
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Emma Thompson
•Calling the governor might work, but it takes time. I had better luck using a service called Claimyr (claimyr.com) to get through to ESD directly. They have this system that holds your place in line and calls you when an agent is available. Saved me hours of redial frustration! They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 - worth checking out if you're desperate to speak with someone.
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Malik Jackson
The interview after contacting the governor's office is standard procedure. They're trying to expedite your husband's claim since it's been flagged by the governor's office as requiring attention. This is actually a good sign! Regarding the "quit before firing" situation: This falls under what ESD calls "quit in lieu of discharge" which does NOT disqualify you from benefits if you can establish: 1. He was definitively told he would be fired 2. The termination was imminent and certain 3. Quitting was just a formality The burden of proof is on your husband, so he should be prepared with dates, names, and exact words used. The employer will be interviewed separately and will likely contest the claim (they almost always do to protect their UI tax rate). I recommend your husband mention phrases like "I was told my employment would be terminated" rather than just saying "I quit" during the interview. Language matters with these determinations.
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Isabella Costa
•^^^^^ THIS RIGHT HERE! My cousin works at ESD and says the exact same thing about the language used being super important in these interviews. If you say "I quit" without immediately explaining it was because you were going to be fired anyway, they might not dig deeper and just mark it as voluntary quit.
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StarSurfer
I had an interview after contacting my state rep (not governor but similar). They were super nice and mostly wanted to understand why my claim was taking so long! It wasn't an eligibility interview at all, just trying to move things along. BUT!!!! If they do ask about the job separation, your husband should NEVER EVER say he quit first!!! Always say "I was told I would be fired on X date, and was given the option to resign instead." I had a disaster happen when I said "I quit" and then tried to explain why. The interviewer immediately checked the "voluntary quit" box and it was a nightmare to fix later. First words should always be about being told he would be fired!!!
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Oliver Becker
•Oh wow, that's so stressful! Did you eventually get it fixed? I'm going to have my husband practice exactly what to say so he doesn't mess up and say the wrong thing first.
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StarSurfer
•Yes but it took TWO APPEALS and almost 3 months!!! Finally got all my backpay but the stress was awful. Just make sure he starts with "I was informed I would be terminated on [exact date] by [manager name/title]" - THEN he can add that he was given the option to resign instead. Order matters SO MUCH with these interviews.
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Isabella Costa
When I had my eligibility interview (not after governor contact but still) they asked me like 5 questions, took less than 10 minutes. But they do record it all. My old boss totally tried to fight my claim but I had text messages proving what happened. Tell ur husband to bring ANY proof he has!!
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Oliver Becker
•Unfortunately he doesn't have any written proof, it was all verbal in his supervisor's office. Should he mention that his coworkers knew about it? A couple of them texted him after saying they were sorry to hear he was being let go.
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Malik Jackson
•Yes! Those text messages from coworkers could be valuable evidence. Have him take screenshots and prepare to share them if asked. They help establish that others were aware of the planned termination, which supports his account. ESD can sometimes contact witnesses if there's a factual dispute with the employer.
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Ravi Malhotra
THE EXACT SAME THING happened to me 2 months ago!!!! My boss told me "we're restructuring and your position won't exist after Friday" but said I could resign instead of being terminated. I was denied benefits initially because I said I resigned. Had to appeal and go through a whole hearing. MAKE SURE he emphasizes he was GOING TO BE FIRED no matter what, and quitting was just to save face.
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Oliver Becker
•Did you win your appeal? I'm worried about how we'd manage financially if we have to go through a long appeal process.
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Ravi Malhotra
•Yes, won on appeal but it took almost 6 weeks to get through the process. The judge actually said my case was pretty straightforward once I explained everything clearly. The judge asked my employer if they were planning to terminate me regardless of my resignation, and they had to admit yes. That was the key factor.
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CosmicCowboy
BTW the governer trick is hit or miss. my brother tried it and nothing happened for weeks. but my neighbor got a call THE NEXT DAY!! so weird how it works sometimes
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Javier Cruz
•i tried emailing my state rep last month too and crickets lol. ESD is such a mess these days. system is totally broken!!!!
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Natasha Orlova
Just to add one more important point: If your husband's employer does contest the claim and says he quit voluntarily without mentioning they were going to fire him, your husband should immediately request the full employer response records and appeal if necessary. By law, ESD must share what the employer stated as the reason for separation. If there's a discrepancy, your husband can request a fact-finding interview where both parties are present. In "quit in lieu of discharge" cases, employers sometimes try to avoid admitting they were going to terminate to prevent unemployment claims. Be prepared for this possibility.
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Oliver Becker
•That's really good to know. His former employer has contested unemployment for other people in the past, so I'm prepared for them to fight this. If they deny telling him he would be fired, does it become just his word against theirs?
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Natasha Orlova
•Unfortunately, yes - if there's no documentation, it can become a credibility determination. However, those text messages from coworkers expressing sympathy about him being let go could be powerful corroborating evidence. Also, if the employer has a pattern of contesting claims, that sometimes works against them in appeals. Make sure your husband answers all questions consistently and truthfully - inconsistencies hurt credibility. If denied, definitely appeal - the appeal hearing has a more thorough review process than the initial determination.
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Luca Esposito
I went through something very similar last year! After contacting the governor's office, I got a call within 3 days from an ESD specialist. The interview was actually pretty straightforward - they mainly wanted to understand why my claim had been delayed so long and what the separation issue was. For the "quit before firing" situation, definitely have your husband emphasize that termination was inevitable and imminent. I had almost the exact same scenario - my manager told me "we're letting you go tomorrow, but you can resign today if you prefer." I made sure to say those exact words during my interview. One tip: have him write down the timeline of events with specific dates and times if he can remember them. The interviewer asked me things like "what date did this conversation happen?" and "what time of day?" Having those details ready made me sound more credible. Also, don't be surprised if they schedule a follow-up interview with his former employer. That's standard procedure when there's a separation dispute. The good news is that most of these cases do get resolved in favor of the claimant if you can clearly establish the termination was going to happen regardless. Good luck to your husband! The fact that the governor's office escalated it is actually a positive sign that ESD is taking his case seriously.
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