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.
26 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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Andre Dupont
I'm going through something similar right now - filed 2.5 weeks ago and still showing "pending employer response." It's so stressful not knowing when it'll get resolved, especially when bills are piling up. Reading through these responses is really helpful though. I think I'm going to try calling ESD first thing Monday morning and also contact my former employer's HR to see if they even received the request. It sounds like even if employers don't respond, we should eventually get approved, but the waiting is brutal. Hang in there - at least we're not alone in this situation!
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Natasha Kuznetsova
•Thanks for sharing your experience - it really does help to know I'm not the only one dealing with this! The waiting is definitely the worst part, especially when you're already stressed about finances. Good luck with your call on Monday, and I hope your former employer's HR is more responsive than mine has been so far. Keep me posted on how it goes if you don't mind - it would be great to hear if you have any success getting through to ESD or getting an update on your claim status.
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Mateo Rodriguez
I'm in a similar boat - filed 4 weeks ago and still stuck on "pending employer response." What's really frustrating is that I was laid off due to budget cuts, so there shouldn't be any dispute about eligibility. I finally got through to ESD yesterday after calling for 3 days straight (tried calling right at 8am when they open) and the agent told me my employer still hasn't responded. She said she put a note on my file to expedite processing if they don't respond by next week. The agent also mentioned that with straightforward layoffs like ours, they typically approve the claim based on our information alone if the employer doesn't contest it within the required timeframe. Keep filing your weekly claims and don't give up on calling - persistence seems to be key with ESD right now.
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Carmen Ruiz
•That's really encouraging to hear that you got through to someone and they put a note on your file! I've been trying to call at 8am too but haven't had luck yet - I'll keep trying. It's reassuring that the agent confirmed they typically approve straightforward layoff cases when employers don't respond. Did they give you any sense of timeline for when they might make that determination? I'm at the 3 week mark now and getting pretty anxious about when this might get resolved.
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Savannah Vin
I went through this exact same situation about 6 months ago - filed after a layoff and waited almost 5 weeks with "pending employer response" status. It was incredibly stressful watching my bank account drain while waiting. What finally helped was documenting everything: dates I called ESD, when I contacted my former employer, screenshots of my claim status, etc. When I finally got through to an ESD agent, having all those details ready made the conversation much more productive. The agent was able to see that my employer had actually responded weeks earlier but it got stuck in their system somehow. I ended up getting approved that same day with full backpay. My advice: keep detailed records of all your attempts to resolve this, continue filing weekly claims religiously, and don't give up on calling ESD - the early morning strategy really does work better. Also, if your layoff was truly straightforward with no performance issues or misconduct, you have a very strong case even without employer input.
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Jamal Washington
•This is such helpful advice, thank you! I never thought about keeping detailed documentation but that makes total sense - having all those dates and details ready would definitely make any conversation with ESD more productive. I'm going to start a log today with all my call attempts and contacts. It's also really reassuring to hear that your case got resolved so quickly once you got through to the right person, even after 5 weeks of waiting. The fact that you got full backpay gives me hope that all this waiting won't mean lost benefits. I'm definitely going to keep up with the early morning calling strategy - sounds like persistence really is key with ESD right now.
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Rudy Cenizo
I'm dealing with this exact same situation right now - filed my claim 3 weeks ago after being laid off from my marketing job and I'm still stuck on "pending employer response." The financial stress is really getting to me since I was already living paycheck to paycheck before the layoff. From reading all these responses, it sounds like the 10-day employer response rule under WAC 192-130-060 isn't being enforced consistently due to backlogs. I'm planning to try the early morning calling strategy starting tomorrow and also contact my former employer's HR to confirm they received the request from ESD. One thing I'm wondering - has anyone had success getting their state representative's office involved? I've heard sometimes they can help push things along with state agencies when people are having trouble getting responses. I'm getting close to considering that option if I can't get through to ESD soon. Thanks to everyone sharing their experiences - it really helps to know we're not alone in this frustrating process!
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Miguel Ramos
•I haven't tried contacting my state representative's office yet, but that's actually a really good idea! I've heard they can sometimes help cut through red tape with state agencies when constituents are having issues getting responses. Given that you're at the 3-week mark like I am, it might be worth reaching out to them if the early morning calling strategy doesn't work this week. The financial stress is definitely real - I'm in the same boat trying to stretch my savings while waiting for this to get resolved. It's frustrating that the 10-day rule seems more like a guideline than an actual deadline, but at least from what others have shared, it sounds like these straightforward layoff cases do eventually get approved once someone actually looks at them. Keep us posted on how your calls go - I'm rooting for all of us dealing with this mess!
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Zara Khan
I'm in almost the exact same situation - filed my unemployment claim 3.5 weeks ago after being laid off from my job at a local credit union, and I'm still seeing "pending employer response" with no updates. The waiting is absolutely nerve-wracking, especially since I have rent due next week and my emergency fund is nearly depleted. Reading through everyone's experiences here has been both helpful and frustrating - helpful because I now know about the 10-day rule under WAC 192-130-060 and that I should try calling ESD right at 8am, but frustrating because it's clear this is a widespread problem that shouldn't be happening. It's ridiculous that straightforward layoff cases are taking weeks or months to process when the regulations clearly state employers have 10 days to respond. I'm going to start documenting everything like Savannah suggested - call attempts, dates, screenshots - and try the early morning calling strategy starting tomorrow. If that doesn't work by Friday, I think I'll reach out to my state representative's office like Rudy mentioned. We shouldn't have to jump through all these hoops just to get the benefits we're entitled to after losing our jobs through no fault of our own. Thanks to everyone for sharing your experiences and advice - it really does help to know I'm not alone in this mess, even though none of us should be going through it in the first place.
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Alexander Evans
•I completely understand your frustration, Zara. Being at the 3.5 week mark with rent due is incredibly stressful - I'm dealing with similar financial pressure right now. It really shouldn't take this long for straightforward layoff cases to get processed when the law clearly gives employers only 10 days to respond. Your plan sounds solid - documenting everything and trying the early morning calls should definitely help when you do get through to someone. And reaching out to your state rep if that doesn't work by Friday is smart too. Sometimes external pressure is what it takes to get these agencies moving on cases that have been sitting too long. Have you been able to confirm whether your credit union actually received the request from ESD? That might be worth checking first since sometimes the delay is on the employer's end not even getting the notice. Either way, keep filing those weekly claims so you don't miss out on any backpay when this finally gets resolved. Hang in there - from what everyone's shared here, these cases do eventually get approved, it's just taking way longer than it should.
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