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Zoe Stavros

Just discovered ESD has an 8-week limit on standby status per benefit year - caught me by surprise!

Well this was a rude awakening I thought I'd share with everyone! I work in construction in Vancouver and our project got temporarily suspended due to that crazy snowstorm we had in February. My boss gave our whole crew official standby letters (did everything by the book) and I filed for standby status thinking it would be smooth sailing. But when I checked my weekly claim status yesterday, it was stuck in adjudication. I called ESD this morning (miracle of miracles, got through after only 1.5 hours) and the agent told me I've already used my full 8 weeks of standby for this benefit year! Apparently there's a hard cap of 8 weeks total standby time per benefit year - not 8 consecutive weeks like I thought. Now they're saying I needed to be doing job searches for this claim even though I have a return-to-work date. Just posting this so others don't get caught in the same situation. Has anyone else bumped into this 8-week standby limit?

Jamal Harris

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wait what??? i thought standby was 12 weeks total!! i'm on week 9 right now on standby from my restaurant job and nobody told me anything about a limit??!

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Mei Chen

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The 8-week standby limit has been in place for a while now. It was temporarily extended to 12 weeks during the pandemic, but they reverted back to the 8-week limit in early 2023. You might want to log into your eServices account immediately and check if you're in adjudication too. If you've exceeded the limit, you'll need to start doing your 3 job search activities per week and documenting them.

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Liam Sullivan

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Yep, ran into this exact thing last year. It's absolutely ridiculous how ESD expects us seasonal workers to handle this. I work in agriculture and we have multiple weather-related shutdowns throughout the year. Hit my 8 weeks in July and then had another shutdown in September. They put me in adjudication, then disqualified me because I wasn't job searching (WHY WOULD I WHEN I HAVE A JOB TO RETURN TO???). Took me filing an appeal and waiting THREE MONTHS to get it resolved. Even my employer was furious because they don't want their skilled workers taking other jobs during temporary shutdowns. The whole system is stacked against industries with seasonal work patterns.

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Zoe Stavros

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Did you win your appeal? I'm wondering if I should go that route or just start doing job searches now. My foreman says we'll be back to work in about 10 days, but I can't afford to miss even one week of benefits.

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Liam Sullivan

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I did win eventually, but it was such a headache. The judge basically said since my employer verified I was a permanent employee with a definite return date, I should have been granted an exception. But honestly for just 10 days? Do the job searches - much faster than fighting the system.

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Amara Okafor

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i am on standby too lol. but i've only used like 4 weeks so far this year. good to know theres a limit thanks for sharing this!!!

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This is actually a really important piece of information that many people miss. The 8-week standby limit applies to your benefit year (which is the 52-week period starting when you first filed your claim), not calendar year. If you're in a seasonal industry like construction, landscaping, or agriculture in Washington state, you should strategically plan when to use your standby weeks. Some employers aren't aware of this limit either, so they might keep issuing standby letters thinking it works indefinitely. Your options now are: 1. Start conducting and documenting 3 job search activities per week 2. See if your employer can formally lay you off instead of standby 3. Request a standby exception (though these are rarely approved outside very specific circumstances) The job search requirement is probably your best bet for immediate benefits.

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Jamal Harris

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ok but like... what happens if I've already gone over the limit? will they make me pay back money??? i'm freaking out

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If you've exceeded the standby limit without realizing it, your claim will likely go into adjudication. ESD will determine if you were "able and available" for work during those weeks. If they decide you weren't available because you weren't job searching, they might issue a denial for those weeks. If you're currently beyond week 8 of standby, I'd recommend immediately starting your job searches (3 activities per week) and documenting them. Then call ESD to explain the situation. Being proactive and showing you're now complying with requirements can help your case.

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Uggggh I am so tired of ESD's confusing rules! Why don't they make this stuff clear when you first file? It's almost like they WANT us to make mistakes so they can deny our claims. I spent TWO WEEKS trying to get through to someone about my adjudication status last month. Kept getting disconnected or waiting hours only to have the call drop.

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If you're having trouble getting through to ESD, I finally had success using Claimyr (claimyr.com). They have this system that holds your place in line and calls you back when an agent is available. Saved me from having to redial for hours. They have a video demo that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it when I was dealing with my adjudication issue last month. Got through to an actual person who could help instead of just getting the automated system over and over.

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Mei Chen

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One important clarification: If you work in construction, you might qualify for what's called a "lack of work" exception that extends beyond the 8-week standby limit. This is especially relevant if the work stoppage was due to inclement weather. RCW 50.20.050(3) provides some exceptions for certain industries with regular patterns of temporary unemployment. You would need to: 1. Have your employer specifically document that the unemployment is due to weather/seasonal conditions 2. Confirm you have a definite return-to-work date 3. Establish that you've worked for this employer consistently during working seasons I'd recommend specifically asking about this when you speak with an ESD agent. The standard representatives sometimes aren't aware of these industry-specific provisions.

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Zoe Stavros

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Thank you! I had no idea about this exception. My company definitely has established patterns of weather-related shutdowns (usually 1-2 weeks in winter, occasionally in summer for extreme heat). I've been with them for 3 years now. I'll specifically ask about RCW 50.20.050(3) when I call back.

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Dylan Cooper

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i dont get why they make this stuff so complicated!! just let people get their benefits when theyre not working! its not like any of us are trying to game the system, we just need to pay our bills until work starts again!!!!!

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For anyone else in this situation, here's a time-saving tip: Save a documented copy of your job search activities in your personal records even if you're on standby. This way, if you unexpectedly hit the 8-week limit, you'll have your job search documentation ready to upload immediately instead of scrambling to backfill activities or facing denials. The system requires 3 qualifying job search activities per week, which can include: - Job applications - Employment workshops through WorkSource - Creating accounts on job search websites - Networking events - Updating your resume and submitting it to companies Also, mark on your calendar exactly when you'll hit 8 weeks of standby for the benefit year so you aren't caught by surprise.

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Liam Sullivan

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This is smart. I wish I'd done this. When I hit my limit, I had to scramble to find places to apply to and it was a mess trying to document everything retroactively (which you technically can't do, but I tried anyway).

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