Employer hasn't paid me for 6 days - can I quit and qualify for ESD benefits?

That's definitely a reason to quit IMO! Washington law says employers HAVE TO pay you on regular paydays. When they stop paying, its basicaly constructive dismissal. I had something like this happen in 2022, didnt get paid for 10 days and ESD approved my claim because not getting paid is considerd 'good cause' to quit. Make sure you document everything tho!!!

Actually, you need to be careful here. Non-payment of wages IS considered good cause to quit under WAC 192-150-120, but ESD will require you to show you tried to resolve the issue before quitting. Did you talk to your boss about this in writing? Have you filed a wage complaint with L&I? ESD might deny your claim if you just quit without trying to fix the situation first.

I WENT THROUGH THIS EXACT THING in January!!!! My employer owed me $2,750 and kept making excuses for THREE WEEKS!!! ESD approved my claim but only after I proved I tried to fix it. Here's what worked for me: 1. Send email or text to boss stating when you were supposed to be paid 2. Ask specifically when you'll receive payment 3. Wait 24 hours for response 4. If no payment/plan, file wage complaint with L&I (Labor & Industries) 5. KEEP COPIES OF EVERYTHING 6. Only then should you quit (in writing!) Good luck, the system is RIGGED against workers!!!!

I kept working for 3 days after filing with L&I, then quit when nothing changed. Some people might say stop working immediately but I wanted to show I gave them every chance to fix it. When you apply for ESD benefits make sure you select "quit with good cause" and clearly explain the wage issue. They'll probably put you in adjudication (investigation) for a few weeks while they decide if you had good cause.

my cousin got fired for asking about late pay lol. just sayin be careful what u say to ur boss or they might just fire u anyway. but yeah not paying is illegal

Another important point: make sure you file for unemployment as soon as you quit or are terminated. Don't wait. ESD won't backdate your claim if you delay filing. Also, when you file, you'll need to provide detailed information about why you quit. Be very specific about the dates of missed payments and all attempts to resolve the issue. If you're put in adjudication (which is likely), you'll need to explain everything again to the adjudicator.

when this happened to me I couldn't get through to ESD for WEEKS to check on my claim!!! kept calling and getting busy signals or disconnected. Finally used Claimyr.com to get through - they connect you directly to an ESD agent instead of waiting on hold forever. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me so much stress when my claim was stuck in adjudication for the same issue.

Not getting paid is absolutely good cause to quit! But something else to consider - have you looked at the company on Glassdoor or other sites? If other employees have had payment issues, document that too. My former employer had a pattern of late payments that eventually led to them closing down. Worth checking if this is a temporary problem or a sinking ship.

I actually work in HR and deal with unemployment cases. Not getting paid is 100% good cause to quit, but ESD is very specific about their requirements. Here's what they'll look for: 1. Evidence you tried to resolve the issue (emails, texts) 2. That the employer actually violated wage laws (6 days late definitely qualifies) 3. That you gave reasonable notice (technically not required in this case, but helps) Also, be prepared for your employer to possibly fight your unemployment claim. Many do this automatically.

The current 6-day delay already qualifies as a violation. In Washington, employers must pay on established paydays - any delay beyond that is technically a violation. As for adjudication, unfortunately it's taking 4-6 weeks for cases involving voluntary quits right now. Make sure you continue filing your weekly claims during this time, even though you won't receive benefits until a decision is made.

just want to add that you should file a wage complaint with L&I regardless of what happens with ESD!! they can get you your unpaid wages plus interest and sometimes additional penalties. i got almost $4000 from my ex employer through L&I even though i only claimed about $2400 in unpaid wages originally.

Ok everyone - quick update! I texted my boss this morning with a formal request for my missing pay, citing the specific amount and due date. He just called me and admitted the business is probably closing and he can't make payroll. Said he'd understand if I quit. Going to send an official resignation email citing the unpaid wages as the reason and file with both L&I and ESD tomorrow. Thank you all SO much for your help! I'll update once I hear about my claim.