Employer missed 10-day ESD response deadline during adjudication - what happens now?

This actually happened to me last year! When my employer didn't respond within the deadline, it definitely helped my case. The adjudicator told me they have to make decisions based on the available evidence, and if the employer doesn't provide their side, they primarily consider your statement. However, this doesn't automatically mean approval - they'll still evaluate if your reason for quitting meets their \

Thank you so much for sharing your experience! That gives me a little hope. I don't have texts or emails about the abuse (my manager would only say this stuff in person when no customers were around), but I do have a coworker who might be willing to back me up if ESD calls her. Do you know if they actually reached out to any witnesses in your case?

my boss didnt respond either when i filed last winter and i still got DENIED!! esd doesnt care if they respond or not they will still say u dont have good cause it happened to me and 2 of my friends

Oh no, that's discouraging to hear! :( Did you try to appeal the denial? Was your situation similar to mine where you quit?

I work with unemployment cases frequently, and I can clarify a few things about this situation:\n\n1. When an employer fails to respond within the 10-day timeframe, ESD doesn't automatically approve your claim, but it does mean they proceed based primarily on your statement and any other evidence they can gather.\n\n2. For quit cases, you still need to prove you had \

Thank you for such detailed information! This is really helpful. I'll start writing down all the specific incidents I can remember with dates. Do you think I should just wait out the adjudication process at this point or should I be proactively trying to contact ESD to provide this additional information about the verbal abuse?

Has anyone actually got through to a real person at ESD lately? I've been trying to call for 2 weeks about my claim and keep getting the \

I was in the same boat last month - calling 50+ times and never getting through. I ended up using Claimyr (claimyr.com) and it actually worked! They have this system that calls ESD for you and puts you in the queue, then calls you when an agent is about to pick up. Saved me days of redial hell. There's a demo video if you want to see how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nDefnitely worth it when you're desperate to talk to someone about your claim.

THE SAME EXACT THING happened to me after I quit my warehouse job!!! My employer didn't respond within 10 days either and I was STILL stuck in adjudication for SIX WEEKS!!! ESD is the WORST agency in the entire state!!! They don't follow their own rules and don't care if we can't pay our bills!! I had to call 76 TIMES before someone finally picked up!!!\n\nAnd guess what? After all that waiting they DENIED my claim anyway saying I \

Wow, six weeks?! That's terrifying. I'm already struggling with bills after just 3 weeks. Did you end up getting backpay for all those weeks once you won your appeal? And how long did the appeal process take?

I just went through a similar situation and wanted to share what I learned. When your employer doesn't respond, it can help your case but doesn't guarantee approval. The key is whether your reason for quitting meets ESD's definition of

This is excellent advice - documenting the timeline of incidents is something the adjudicator specifically mentioned helping in my case. They need to see that it wasn't just a one-time thing that made you angry, but a pattern that made continued employment unreasonable.

My sisters friend had this happen and she got approved after like 4 weeks but then her old boss appealed it later and she had to pay everything back so just be careful even if u get approved it might not be over

Oh that's scary! I didn't realize they could still appeal it after I might get approved. How long after approval did your sister's friend's boss appeal? I'm worried now that even if I get approved, I'll constantly be looking over my shoulder...

To follow up on your question about being proactive: Yes, I recommend uploading a detailed statement about the verbal abuse through your eServices account now. Include:\n\n• Specific dates and examples of the verbal abuse\n• Any witnesses who can verify your claims\n• Any attempts you made to resolve the situation before quitting\n• Why continuing to work there would be unreasonable for any person\n\nLabor & Industries considers verbal abuse potentially part of a hostile work environment when it's severe or pervasive. Make this clear in your statement.\n\nRegarding the employer's non-response: While this doesn't automatically approve your claim, it means ESD will base their decision primarily on your evidence. If they later contest a favorable decision, you'll have documentation showing they missed their opportunity to provide input during the initial investigation.\n\nKeep doing your weekly claims even while in adjudication. If approved, you'll receive backpay for all weeks properly claimed.

Thank you so much for this detailed advice! I'll upload a statement right away with all the details and examples I can remember. Do you know if there's a specific form I should use or just upload a Word document with all the information?

If you're still waiting, try calling ESD early in the morning right when they open (usually 8am). I've had the best luck getting through around 8:05-8:15am. Later in the day it's almost impossible. Sometimes an adjudicator can look at your case while you're on the phone if you get the right person. Worth a shot!

Thanks for the tip! I'll try calling right at 8am tomorrow. Did you just call the main ESD number or is there a specific line for adjudication issues?