Employer contradicting separation reason during ESD adjudication - laid off or attendance termination?

Definitely upload that separation letter ASAP through your eServices account. This happens more often than you'd think - employers sometimes try to avoid the UI tax hit by claiming misconduct after the fact. Since you have written documentation that contradicts what they're now claiming, you have strong evidence in your favor. Make sure you clearly explain the timeline in your response to the adjudicator too. The fact they gave you instructions on how to file is especially telling!

I went thru something similar!!! My boss told me verbally I was being let go due to slow business but then told ESD I was fired for taking too many breaks. LIARS! Adjudication took almost 5 WEEKS for me and I nearly lost my apartment. Try using Claimyr (claimyr.com) to actually get an ESD agent on the phone - it was the only way I finally got through. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Good luck!!!

Make sure ur filing ur weekly claims even while in adjudication!! So many ppl forget to do this and then when they're approved they don't get backpay for those weeks. Also id write down every detail about that last day, who gave u the letter, if anyone mentioned anything about attendance, etc. They might call u for a fact finding interview so be ready

Ugh, these companies are THE WORST. They're trying to categorize you as misconduct to avoid paying their fair share. I spent 7 weeks in adjudication because my employer claimed I was a no-call no-show when they literally told me not to come in anymore. ESD is completely overwhelmed and they just believe whatever garbage employers tell them at first. You HAVE to fight this. Keep calling ESD every day until you get through. The system is rigged against us regular people.

I tried using Claimyr last month when my adjudication was taking forever and it actually works! Got through to ESD in like 25 mins when I'd been trying for weeks on my own. The agent told me my claim was just sitting there waiting for someone to look at it. She put notes in my file and I got approved 2 days later. Definitely worth it when you're waiting on thousands in benefits.

Just wanted to add that you need to be doing your job search activities during adjudication. You need 3 job search activities each week, and if you get approved, they'll expect you to have those documented for all the weeks you claimed, including adjudication weeks. Don't make the mistake I did - I got approved after 3 weeks but then had to prove job search for those weeks retroactively and almost lost my benefits!

To address your question about how long adjudication takes - unfortunately there's no set timeline. I've seen cases resolved in as little as 10 days and others that take 6+ weeks, especially when there's conflicting information from the employer. Since you have clear documentary evidence (the separation letter), you're in a better position than many. Make sure you've uploaded it properly and labeled it clearly in eServices. You might also want to check if there's a Request for Information in your eServices messages that needs a response, as ignoring those can delay your claim further.

my cusin had this same problem his boss said he quit when he was actully laid off. he sent them his final paycheck stub that had "layoff" written on it and he got approved after like 2 weeks. good luck man the system is broken

One more important detail - when you're in adjudication for separation issues like this, be prepared for the fact-finding interview. They'll likely schedule a phone call with both you and the employer (separately). Have your documentation ready, speak clearly and stick to the facts. Mention specifically that you were given a separation letter stating your contract ended AND instructions on how to file for unemployment, which clearly indicates the employer expected you to receive benefits. This contradicts their current claim about attendance issues. If they had documented attendance problems, they should have provided warnings or a different separation letter.

Yes definitely do job searches right now! You need 3 per week even during adjudication. They can be applying to jobs, making a profile on job sites, going to workshops at worksource, etc. If u need more ideas look at the ESD website under job search requirements. U can enter them in eServices each week or keep track on paper with the form they have. But if u get approved and haven't done them u might end up disqualified anyway!

I had a similar situation and what helped me was writing down a clear timeline of events, including exact dates and names of who communicated what to me. The more specific details you can provide, the better. Good luck with your claim! It's so stressful waiting but the backpay will be worth it when it finally comes through.