Excess hours on my first claim but still laid off - Does this count as my waiting week?
I just got laid off from my warehouse job last week (budget cuts, they said). Filed my first unemployment claim like I was told to, but now my eServices account shows 'excess hours' for that week. I did work Monday and Tuesday before getting laid off on Wednesday, so maybe that's why? Does this week still count as my waiting week even with the excess hours message? I'm confused because I thought the waiting week is just the first week you're eligible, but I don't know if I'm considered eligible with excess hours. Anyone know how this works? Really need the benefits to kick in ASAP since rent is due in 3 weeks.
18 comments


Mateo Warren
The waiting week is the first week you're eligible for benefits, but if you have 'excess hours' for that week, it means you worked too many hours to qualify for benefits that specific week. ESD generally considers you to have excess hours if you worked more than 40 hours or earned more than your weekly benefit amount. However, yes, it can still count as your waiting week IF you were otherwise eligible (like having job separation that qualifies). Did you report your hours and earnings correctly when you filed?
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Lydia Bailey
•Yes I reported everything correctly. I worked about 16 hours that week before being laid off. My normal schedule wouldve been 40 hours. I'm still confused though... so does this mean I have to wait ANOTHER week now? Or will I start getting benefits next week if I claim?
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Sofia Price
This EXACT thing happened to me 3 months ago!! If u worked those days that week and made over a certain $ amount they mark it as excess hours. The tricky thing is that it DOESN'T count as your waiting week if u had excess hours. So yeah u gotta do another week of waiting unfortunately. The system is designed to delay your benefits as much as possible imo
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Lydia Bailey
•Ugh that sucks! So even though I only worked 2 days that week, I still need another full waiting week? That's going to make my budget even tighter than I thought.
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Alice Coleman
Actually, this is a common misunderstanding. The waiting week requirement depends on whether you were *eligible* for benefits during that week, not whether you received payment. If your hours were truly 'excess' (meaning you earned more than your weekly benefit amount), then that week doesn't count as your waiting week. However, if you only worked 16 hours as you mentioned, it seems unlikely you'd have excess hours unless you have a very high wage or low weekly benefit amount. You should check your earnings for that week against your weekly benefit amount on your UI claim. If there's an error, contact ESD for clarification.
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Lydia Bailey
•My weekly benefit amount is $550 and I made about $320 for those two days. So based on what you're saying, I should be under the limit, right? Maybe there's some kind of mistake.
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Owen Jenkins
Sounds liek theres a mistake on your claim. Call ESD and ask them to explain. good luck lololol those phone lines are IMPOSSIBLE to get through. i tried for 3 whole days last month and never got anyone
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Lilah Brooks
•Try using Claimyr to get through to an ESD agent. I was in the same boat, couldn't get anyone on the phone after 20+ attempts. Used their service, and got connected to ESD in about 30 minutes. They're at claimyr.com and have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It's what finally helped me get my claim issues sorted out after weeks of frustration.
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Jackson Carter
I think there's an error in your claim. Based on what you said - only working 16 hours and earning $320 with a WBA of $550 - you shouldn't have excess hours. The ESD system sometimes flags things incorrectly. You need to call them ASAP and explain the situation. When you do talk to someone, ask specifically: 1) Why was I marked with excess hours? 2) Does this count as my waiting week? 3) When will my benefits start if I continue filing weekly claims? Get the agent's name and ID number too so you have a record of the conversation.
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Lydia Bailey
•Thank you so much for the detailed advice. I'll definitely ask those specific questions and make sure to get the agent's information. I'm going to try calling again tomorrow morning.
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Mateo Warren
One thing to check: did you report your hours correctly? ESD calculates your benefits based on hours worked in the CLAIM week (Sunday-Saturday), not when you got paid. If you worked the previous week and got paid during this claim week, but reported those hours, that could cause confusion. Also, make sure you properly reported your separation date as Wednesday, not Friday, if that's when your last day was.
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Lydia Bailey
•I double-checked and I'm sure I reported everything correctly. I marked Wednesday as my last day worked and only included the hours I worked Monday and Tuesday of that week. I think it must be some kind of system error.
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Kolton Murphy
update us after u get through to ESD! i'm curious what they say cuz i might be in the same boat soon, my company is talking about layoffs 😬
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Lydia Bailey
•Will do! If I ever manage to get through to them 🙄 Sorry to hear about your situation too - this whole process is so stressful.
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Alice Coleman
Just to follow up - I checked the ESD handbook, and the formula they use is: if you earn 1.33 times your weekly benefit amount, you're considered to have excess earnings. So with a WBA of $550, you'd need to earn more than $731.50 in a week to have 'excess hours.' Since you only earned $320, something doesn't add up. Definitely contact them for clarification. And make sure to continue filing your weekly claims while you sort this out!
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Lydia Bailey
•Thank you so much for looking that up! That confirms there must be a mistake on my claim. I'll definitely keep filing my weekly claims while I try to get this sorted. I really appreciate everyone's help on this!
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Dmitry Smirnov
I had a similar issue last year where ESD incorrectly flagged my claim with "excess hours" when I clearly didn't meet the threshold. Turned out there was a glitch in their system that sometimes miscalculates earnings vs. hours worked. When I finally got through to an agent (took forever), they fixed it within 5 minutes and backdated my benefits to include that waiting week. The key is being persistent with calling - try first thing in the morning right when they open at 8 AM, that's when I had the most luck getting through. Also, keep detailed records of exactly what you reported vs. what shows up in your account so you can clearly explain the discrepancy to the agent.
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Omar Zaki
•That's really encouraging to hear that they were able to fix it so quickly once you got through! I'm definitely going to try calling right at 8 AM tomorrow. Good tip about keeping detailed records - I've already screenshot everything in my account showing the discrepancy between what I reported and what's showing up. Hopefully they can backdate mine too if this really is a system glitch. Thanks for sharing your experience!
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