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Jordan Walker

How long does an employer have to respond to Washington ESD unemployment claim?

My former employer laid me off two weeks ago and I filed for unemployment right away. Washington ESD website shows my claim is still pending and says they're waiting for employer response. I'm getting anxious because I need to know if I'll get benefits to pay my rent. Does anyone know how long employers have to respond to Washington ESD? What happens if they don't respond at all?

Employers in Washington have 10 calendar days to respond to separation notices from ESD. If they don't respond within that timeframe, ESD typically proceeds with the claim based on the information you provided when filing.

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That's good to know! It's been about 8 days since I filed so hopefully they'll respond soon or ESD will just approve it.

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wait is it 10 calendar days or 10 business days? i thought it was business days

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It's 10 calendar days from when ESD sends the separation notice to the employer. Business days would be different.

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I went through this exact same thing last month. My employer didn't respond and after about 12 days my claim got approved automatically. But then like 3 weeks later they finally responded and contested it, which sent my claim into adjudication. Such a mess.

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Oh no, that sounds awful! Did you have to pay back any benefits when they contested it?

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No, thankfully the adjudicator ruled in my favor. But I was stressed for weeks waiting for the decision.

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Employers can contest even after the 10-day deadline, but it's less common. ESD will still review late responses but the burden of proof is higher on the employer.

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If you're having trouble getting through to ESD to check on your claim status, I found this service called Claimyr that actually got me connected to an agent. They have a website at claimyr.com and there's a demo video showing how it works: https://youtu.be/7DieNd3C7zQ. Saved me hours of calling.

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Thanks for the tip! I've been trying to call ESD but can never get through. How much does this service cost?

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They don't require any personal info upfront which I liked. The main thing is it actually works - I was able to talk to someone at ESD within an hour instead of spending days calling.

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never heard of this but might try it if my claim gets stuck in adjudication

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THE WHOLE SYSTEM IS BROKEN!!! I've been waiting 3 WEEKS for my employer to respond and ESD won't tell me anything. Meanwhile I'm behind on all my bills and can't get anyone on the phone.

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I understand your frustration. After 3 weeks, your claim should have moved forward regardless of employer response. You might want to check if there's an adjudication issue or if your claim got flagged for some other reason.

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How am I supposed to check anything when nobody at ESD ever answers the phone???

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This is exactly why I used Claimyr - the regular ESD phone system is impossible. At least with their service I could actually talk to someone and find out what was holding up my claim.

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Here's what typically happens: ESD sends a separation notice to your employer within 1-2 business days of your claim filing. Employer has 10 calendar days to respond. If they respond and contest your eligibility, it goes to adjudication. If they don't respond or don't contest, your claim usually gets approved. The whole process can take 2-3 weeks total.

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This is really helpful! Do you know if employers are more likely to contest if they fired you versus laid you off?

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Employers are definitely more likely to contest if they fired you for misconduct. Layoffs due to lack of work are rarely contested since there's no question about eligibility.

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what about if you quit? can you still get unemployment?

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You can get unemployment if you quit for good cause, but the bar is pretty high. Things like unsafe working conditions, harassment, or significant changes to your job duties might qualify.

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my employer responded right away but then i got a letter saying i was disqualified because they said i was fired for attendance issues. now i have to appeal and its taking forever

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That's exactly what I'm worried about! Did you have documentation to support your case?

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yeah i kept emails and my timecard records. but the appeal process is so slow, been waiting 6 weeks for a hearing

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Appeal hearings are backed up right now. Make sure you have all your documentation ready and consider getting a representative to help you present your case.

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I work in HR and I can tell you that most employers respond within the 10-day window. We take unemployment claims seriously because our experience rating affects our unemployment tax rate. If an employer doesn't respond, it's usually because they're disorganized or forgot, not because they're trying to help you.

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That's good insight! My former employer was pretty small and disorganized, so maybe they just forgot to respond.

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or maybe they're just jerks who want to make life difficult for former employees

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That happens too unfortunately. Some employers contest claims even when they know the employee was laid off, just to be difficult.

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Pro tip: keep filing your weekly claims even while waiting for the employer response. If your claim gets approved, you'll get paid for all the weeks you were eligible, including the waiting period.

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Good point! I've been filing weekly but wasn't sure if I should continue. Thanks for clarifying.

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yep this is important, dont stop filing or you might lose out on benefits

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Same situation happened to me recently. Employer took the full 10 days to respond but didn't contest. My claim was approved on day 11. The waiting is stressful but try to be patient.

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That gives me hope! I'm on day 9 now so hopefully tomorrow or Monday I'll hear something.

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Fingers crossed for you! The system works, it just takes time.

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If you're really stressed about the timeline, you could try calling ESD directly. Though good luck getting through. I tried for days before someone told me about Claimyr and that actually worked to reach an agent.

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Yeah I've tried calling multiple times. The line is always busy or I get disconnected after waiting. Maybe I'll check out that Claimyr thing.

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It's worth a try. At least you can get a real person to explain what's happening with your claim instead of just guessing.

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Just went through this whole process. Filed on a Monday, employer responded the following Friday (day 11), didn't contest, got approved the next Monday. First payment came 3 days later. Hang in there!

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That timeline sounds reasonable. I'm hoping for a similar experience. Thanks for sharing!

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One thing to watch out for - sometimes employers respond but there's an issue with their response that causes delays. Like if they submit incomplete information or there's a discrepancy in the separation reason. That can trigger adjudication even if they don't officially contest.

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Oh I hadn't thought about that. How would I know if that happened?

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You should get a letter or notice in your ESD account if there's an adjudication issue. Just keep checking your account daily.

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This is a good point. Adjudication can be triggered by inconsistencies between what you reported and what the employer reported, even if both parties agree on the basic facts.

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i had an employer not respond for like 2 weeks and then suddenly contest my claim. ended up in adjudication hell for 8 weeks. make sure you have all your paperwork ready just in case

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8 weeks?! That's terrible. I'm definitely going to get all my documentation together just in case.

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yeah it was awful. but i eventually won the appeal so it worked out. just be prepared for the long haul if things go sideways

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The 10-day rule is pretty standard but enforcement can be inconsistent. I've seen cases where employers responded late and ESD still accepted their contest, and other cases where they rejected late responses. It seems to depend on the specific situation.

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That's frustrating that it's not consistent. Makes it hard to know what to expect.

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ESD does have discretion to accept late responses if there's a valid reason for the delay, like if the employer never received the notice or there was a technical issue.

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Just remember that even if your employer contests, it doesn't mean you won't get benefits. I was fired but still got approved because the employer couldn't prove misconduct. Don't panic if you get an adjudication notice.

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That's reassuring. I was laid off so I'm hoping there won't be any contest, but good to know I still have options if there is.

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Layoffs are usually pretty straightforward. You should be fine!

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UPDATE: Just checked my account and my claim was approved! Employer must have either not responded or didn't contest. First payment should come this week. Thanks everyone for the help and reassurance!

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Congratulations! That's great news.

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lucky you! still waiting on mine

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Wait, this isn't my update - this is someone else's story. I'm still waiting on mine! But glad it worked out for this person.

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Oops sorry, I meant to start a new thread! But hopefully yours comes through soon too.

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The system is slow but it generally works. If you're really concerned about timeline, document everything and be prepared to appeal if necessary. Most claims do get approved eventually.

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Thanks for all the advice everyone! I feel much better about the process now. I'll keep filing weekly and hope for the best.

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Good luck! And remember if you need to actually talk to someone at ESD, Claimyr is there as an option to cut through the phone queue nightmare.

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