How to know if my employer filed an appeal against my ESD benefits?
I started receiving unemployment benefits about 3 weeks ago after being laid off from my restaurant job. Everything seemed fine until yesterday when I checked my eServices account and saw a message saying something about a 'pending issue' that wasn't there before. No explanation or details. I'm wondering if this means my former employer is appealing my benefits? I'm freaking out because I already used some of that money to pay bills. How would I know for sure if they're contesting my claim? Will ESD notify me directly or do I need to check somewhere specific in my account? Has anyone dealt with this before?
17 comments
Danielle Mays
Yes, ESD will definitely notify you if your employer files an appeal against your benefits. When an employer appeals, you'll receive an official notice through your eServices message center AND by mail to your physical address. This notice will include details about why they're appealing, the date of any scheduled hearing, and your rights in the process. The 'pending issue' you're seeing could be related to this, but it could also be something completely different like a quarterly review, identity verification, or job search compliance check. I'd recommend checking your "Decisions" tab in eServices to see if there's any new information there.
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Derek Olson
•Thank you! I checked the Decisions tab but there's nothing new there. The pending issue just appeared yesterday with no explanation. I'm worried because my manager seemed annoyed when I filed for benefits even though it was a legitimate layoff. Is there a way to find out what the pending issue is about without waiting for a letter?
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Roger Romero
The same exact thing happened to me last month!! I had a "pending issue" show up without any explanation and I was FREAKING OUT. Turns out my employer did file an appeal claiming I voluntarily quit when I was actually fired. But here's what I learned: ESD will ALWAYS notify you if there's an employer appeal - they legally have to. The notice will include: - The reason for the appeal - The date/time of the hearing (usually by phone) - How to submit evidence - Your rights during the process Don't panic about the money you already spent. Even if they somehow rule against you later (which probably won't happen if it was a genuine layoff), they usually set up a payment plan for any overpayment rather than demanding it all back at once.
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Derek Olson
•That's scary! How long did it take for you to get the actual notice after seeing the pending issue? Did you have to call them to find out what was happening? I'm so stressed about this.
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Roger Romero
•It took about 4 days to get the official notice in my eServices messages, and the paper mail arrived about 3 days after that. I did try calling but you know how impossible that is. Actually ended up using a service called Claimyr (claimyr.com) that got me through to an actual ESD agent within an hour. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent was able to tell me exactly what the issue was before I got the official notice. Saved me days of stress! But in your case, since it just appeared yesterday, you might want to wait another day or two before trying that.
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Anna Kerber
pending issue doesnt always mean employer appeal!!! could be lots of diff things. last year i had a pending issue and it was just because they needed to verify my identity. another time it was because i messed up reporting my work search activities. dont freak out til u know what it actually is
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Niko Ramsey
I used to work for a restaurant that routinely appealed EVERY unemployment claim regardless of the circumstances. It's infuriating because they create unnecessary stress for people already dealing with job loss. But here's what you need to know: 1. Employers have VERY specific timeline requirements to file appeals (typically 30 days from when your claim was approved) 2. In Washington, when an employer appeals, ESD is REQUIRED to: - Send you written notice by mail - Post a notification in your eServices account - Provide at least 7 days notice before any hearing - Include all information about WHY they're appealing 3. The "pending issue" could be completely unrelated. It might be: - Routine quarterly review - Wage verification - Job search activity verification - Identity confirmation The real problem is that ESD's communication is TERRIBLE. They create panic by not explaining what these "pending issues" actually mean.
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Derek Olson
•Thank you for this detailed info! You're right that their communication is awful. It seems crazy to just put "pending issue" with zero explanation - especially when benefits are something people rely on for basic needs. I'll try to wait a few more days before panicking then...
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Seraphina Delan
have you tried checking your "decisions" tab in eServices? sometimes more info shows up there before it appears elsewhere. also check your correspondence tab for any new letters.
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Derek Olson
•Yes, I checked both tabs but don't see anything new. Just the mysterious "pending issue" notification. I guess I'll just have to wait for more information.
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Jabari-Jo
My sister works at ESD and she told me that employers have to file appeals within a pretty tight timeframe - not sure exactly how long but it's not months or anything. If you've been receiving benefits for 3 weeks already and there's no explanation with the pending issue, it could be something else. Might just be a random audit thing. They do those.
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Kristin Frank
I went through an employer appeal last year and can tell you exactly what to expect. First, the "pending issue" by itself doesn't confirm an appeal is happening - you'll get a very specific notice about it if that's the case. If your employer does appeal, here's the process: 1. You'll receive a Notice of Appeal with a case number and hearing date (usually 2-3 weeks out) 2. You should immediately gather evidence: separation letter, emails about layoff, final pay stubs, etc. 3. The hearing is conducted by an Administrative Law Judge via phone conference 4. Both you and the employer present your case and can question each other 5. Decision usually comes 1-2 weeks after hearing For a layoff, as long as you have any documentation showing it was the employer's decision and not yours, you'll likely be fine. Benefits continue while the appeal is in process. Don't miss the hearing though - that's automatic loss.
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Derek Olson
•Thank you for explaining how the process works! I'll start gathering any documentation just in case. I have the layoff paperwork from HR and some emails discussing the restaurant's financial struggles before they let several of us go. Would text messages from my manager be useful evidence too?
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Kristin Frank
•Absolutely - text messages can be very valuable evidence. Screenshot them and be prepared to email them to the judge before the hearing if it comes to that. Make sure they clearly show the date/time and the phone number/contact info of your manager. Any communication that shows the layoff was their decision helps your case. But again, don't stress too much yet - wait for actual confirmation that an appeal is happening first.
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Anna Kerber
also check ur mail!!! sometimes they only send the important details through regular mail even if u signed up for electronic notifications. ESD is weird like that
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Roger Romero
One more thing - if it turns out your employer IS appealing, make sure you continue filing your weekly claims during the whole process. I almost messed this up thinking I should wait until the appeal was resolved. You need to keep claiming every week even with a pending issue or appeal!
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Derek Olson
•That's really good to know - thank you! I'll definitely keep filing my weekly claims while this gets sorted out. Just checked my mail today and nothing from ESD yet, so hoping this pending issue turns out to be nothing major.
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