My employer hasn't responded to ESD claim after 3 weeks - what's the deadline?
I filed for unemployment about 3 weeks ago after being laid off from my retail management position. My claim status just says 'pending employer response' and hasn't changed since I filed. I'm getting really worried because my savings are running low and I need to start receiving benefits soon. Does anyone know if there's a deadline for employers to respond to ESD claims? Will my claim eventually be approved automatically if my employer never responds? I've tried calling ESD but can't get through to anyone who can help me understand what's happening.
16 comments
Keisha Williams
I had the same issue last month! Employers have 10 days to respond according to ESD's website, but mine took almost 4 weeks. I was going crazy waiting. After trying for days to reach someone at ESD, I finally used Claimyr (claimyr.com) and got through to an agent in about 25 minutes. They told me my employer had finally responded but the claim was stuck waiting for processing. The agent pushed it through that day and I got paid the following week with all backpay included. Check out their video if you want to see how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3
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Yara Nassar
•Thanks for the suggestion! Did you have to pay anything to use that service? I'm already stressed about money so I'm hesitant to spend more, but I'm getting desperate to talk to someone.
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Paolo Ricci
Employers technically have 10 days to respond to ESD after they receive the request for information. If they don't respond within that timeframe, ESD is supposed to make a determination based on the information they have available from you. However, with current workloads, this doesn't always happen automatically or quickly. If your claim has been pending for 3+ weeks, I'd suggest a few things: 1. Check your eServices account for any alerts or action items 2. Make sure you're continuing to file weekly claims while waiting 3. Contact your former employer's HR to confirm they received the request 4. Keep trying to reach ESD - early mornings (right when they open) tend to have shorter wait times If your employer never responds and your separation was a straightforward layoff, ESD should eventually approve your claim, but the timelines are unpredictable right now.
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Yara Nassar
•Thank you for the detailed response! I've been filing my weekly claims and checked eServices - no alerts. I'll try contacting my former employer tomorrow to see if they received the request. It was definitely a straightforward layoff due to store closures, so I'm hoping it gets resolved soon.
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Amina Toure
theyd BETTER respond!!! my boss tried to ignore my claim last yr & ESD ended up just approving me anyway but it took like 6 weeks!!!! the whole system is rigged against us working ppl i swear
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Oliver Zimmermann
•It's frustrating for sure, but the system isn't necessarily rigged. ESD is required to get the employer's side as part of due diligence. When employers don't respond, it actually often works in the claimant's favor since ESD typically has to make a determination based only on what the claimant reported.
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CosmicCommander
my claim took 7 weeks to process last yar and i was FREKAING OUT!!! but then boom one day everything got approved at once and i got all my back weeks in 1 big payment. keep filing every week so when it does get approved you'll get everything you're owed!! good luck
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Yara Nassar
•That's reassuring to hear! I'll definitely keep filing weekly. Did you do anything specific to get your claim approved or did it just happen eventually?
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CosmicCommander
•i called like 50 times lol but tbh i think it just finaly processed. but definitely keep bugging them!! the squeaky wheel gets the grease or whatever they say
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Oliver Zimmermann
To give you the precise information: According to WAC 192-130-060, employers have 10 days to respond to ESD's request for separation information. If they don't respond within that timeframe, ESD should make a determination based solely on your information. However, there are a few practical realities to be aware of: 1. The 10-day clock starts when the employer receives the notice, not when you file 2. With current backlogs, ESD doesn't always immediately process claims when employers fail to respond 3. Some employers request extensions, particularly if they're dealing with multiple layoffs One thing that can help is to check if your employer has a designated Third-Party Administrator (TPA) that handles their unemployment claims (like Equifax or Thomas & Thorngren). If they do, you might be able to contact that TPA directly to see if they received the request from ESD. Continue filing weekly claims and document all your attempts to resolve this issue.
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Yara Nassar
•Thank you for citing the specific regulation! That's really helpful. I'm not sure if my employer uses a TPA, but I'll ask when I contact HR tomorrow. Is there any specific language I should use when I finally get through to ESD to reference this 10-day requirement?
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Oliver Zimmermann
•Simply mention that you're aware of the 10-day response requirement under WAC 192-130-060, and that it's been significantly longer than that since you filed. Ask if they can check the system to see if your employer has responded or requested an extension. If not, politely ask if your claim can be adjudicated based on the information you've provided since the employer response window has closed. Stay calm and professional - the agents are more likely to help if you're understanding of the process.
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Natasha Volkova
is anyone else notcing that covid made everything with esd way worse?? my 2019 claim was easy but now its like they dont even care anymore honestly
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Paolo Ricci
•It's not that they don't care - ESD had to process an unprecedented number of claims during COVID and is still catching up on staffing and training. They've made significant improvements to their systems since then, but they're definitely still dealing with the aftereffects of that surge. Many states are experiencing similar challenges with their unemployment systems.
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Javier Torres
Just wondering - did you get laid off from a major retail chain? I work in HR (not unemployment specific) and know some of the bigger companies have been really slow responding to ESD lately because they've been doing massive layoffs and their unemployment teams are swamped. Doesn't make it right but might explain the delay.
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Yara Nassar
•Yes, it was a national chain that closed about 50 stores nationwide. That actually makes a lot of sense - I bet their HR team is completely overwhelmed right now. That perspective helps, even though it doesn't solve my immediate financial concerns.
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