How long does ESD wait for employer response before deciding unemployment claim?
I filed my unemployment claim about 2 weeks ago after being let go from my restaurant job (they said it was performance issues, but honestly I think they just hired too many people for summer and are now cutting back). ESD says my claim is pending while they 'gather information from employer.' Does anyone know how long they typically wait to hear back from employers? My former boss is notoriously slow with paperwork and I'm getting anxious about bills piling up. The ESD website doesn't give any timeframe and I can't get through on the phone. Will they just approve me if my employer never responds? Or will my claim stay in limbo forever?
21 comments
Isabella Costa
ESD typically gives employers 10 business days to respond to a request for information about your separation. If they don't hear back within that timeframe, they're supposed to make a determination based on the information they have available - which is usually just your side of the story. So if your employer doesn't respond, that's actually good for you in most cases. However, sometimes there can be delays if the employer requests an extension or if ESD needs additional information. If it's been more than 3 weeks, I'd recommend trying to contact ESD to check on your claim status.
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NeonNebula
•Thank you! This is super helpful. I'm at day 14 now (10 business days), so hopefully they'll make a decision soon. Do you know if they notify you when they've made a decision, or do I just need to keep checking my account?
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Ravi Malhotra
i had this exact same thing happen last yr. my boss was mad i left so he ignored esd completely. they ended up approving me after like 3 wks. just keep filing ur weekly claims even while waiting!!!
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NeonNebula
•That's good to hear! I've been submitting my weekly claims but wasn't sure if that was the right thing to do. Did you ever hear directly from ESD about the approval or did you just notice the money showed up?
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Ravi Malhotra
•just logged in 1 day and status changed to paid! then money came like 2 days later
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Freya Christensen
In my experience, ESD will wait FOREVER to make a decision if they don't hear back from employers. I waited 6 WEEKS last time because my employer never responded, and ESD kept extending the deadline for them!!! The system is totally rigged against workers. You might want to try contacting your employer directly to see if they received the request and if they plan to respond. That's what finally worked for me.
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Omar Farouk
•This information isn't entirely accurate. While delays can happen, ESD does have guidelines they're supposed to follow. The standard is 10 business days for employer response, and while extensions are possible, ESD should not indefinitely delay a claim decision. If your claim is pending beyond 3 weeks, you should contact ESD to inquire about the status and potentially request an expedited decision.
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Freya Christensen
•Maybe that's what SHOULD happen, but it's not what ACTUALLY happens for a lot of people. Just sharing my real experience with the broken system. Not everyone gets their claims processed in the "standard" timeframe.
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Chloe Davis
Has anyone tried calling the employer and just asking them to respond to ESD? I wonder if that would help or just make things worse...
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AstroAlpha
•I wouldn't recommend contacting your former employer about this. It could be seen as pressuring them, which might make them more likely to dispute your claim. Best to let the process work as designed, even if it's frustrating.
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Chloe Davis
•Good point. Hadn't thought of that.
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Diego Chavez
After trying for weeks to get thru to ESD about a similar situation (employer never responded), I used Claimyr (claimyr.com) and got connected to an ESD agent in about 15 minutes. Seriously, it was like magic after spending hours getting busy signals and hangups. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent was able to see that my employer had never responded, and they pushed my claim through that same day. Might be worth trying if you're getting desperate.
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NeonNebula
•I've never heard of this service - does it really work? I've been trying to get through to ESD for days with no luck. Did they ask for any weird personal info or anything?
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Diego Chavez
•It's just a service that helps you get through to ESD's phone systems. Totally legit - they don't ask for any claim info or SSN or anything like that. You just use their system to get in the phone queue, then you're talking directly to an actual ESD agent. Was definitely worth it for me since my claim was stuck for weeks.
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AstroAlpha
To give some additional context on this process: When you file a claim, ESD sends a request for information to your employer via their SIDES e-Response system. Employers have 10 business days to respond, after which ESD should make a determination based on available information. However, several factors can extend this timeline: 1. If the employer requests an extension (which they can do) 2. If your case requires additional fact-finding by an adjudicator 3. If there are discrepancies between your statement and your employer's If it's been more than 3 weeks, I'd recommend contacting ESD. Continue filing your weekly claims while you wait - if your claim is eventually approved, you'll receive back payments for all eligible weeks.
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NeonNebula
•Thank you for the detailed explanation. This helps a lot! I'm going to keep filing my weekly claims and try to contact ESD next week if I don't hear anything.
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Isabella Costa
One more thing to be aware of - even if your employer doesn't respond initially, they can still appeal later if ESD approves your claim. So keep any documentation related to your separation just in case. This includes emails, performance reviews, separation notices, etc.
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NeonNebula
•That's good to know. I'll gather what I have. I don't have much official documentation since it was a restaurant job, but I do have text messages with my manager about the schedule reduction before they let me go.
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Isabella Costa
•Text messages can definitely be helpful evidence! Also, if you have any pay stubs showing your hours being reduced before separation, that could support your case too.
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Ravi Malhotra
anybody else notice that esd's website always says their gonna make a decision in like 2-3 weeks but it ALWAYS takes longer lol
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Chloe Davis
•Yep! They told me 2 weeks and it took almost 2 months 🙄
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