Not paid during background check reverification after 8 years - Can I file ESD claim if union won't help?

This is definitely an L&I wage claim issue, not an unemployment situation. ESD handles unemployment when you're fully separated from work or have significant hour reductions. Since you're still employed but weren't paid for work performed (or were ready to work but not permitted), that's a wage claim with L&I's Wage and Hour Division. You can file online at: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints \n\nMake sure you have documentation showing your regular schedule, that you were available to work, and any communication about this background check situation. L&I is generally pretty good about investigating these issues.

Thank you so much! I just wasn't sure which agency handles this kind of situation. I have emails showing I was ready to work and they just said I couldn't until the background check cleared. Do you know how long L&I typically takes to process these claims? I'm getting really worried about making rent next month.

thats totally illegal!! they cant just not pay u for a month especially when youve been there 8 yrs already!! my cousin had something like this happen at her hospital job and she got backpay plus interest when she threatened to go to L&I. have u tried sending an email to HR and copying your manager? sometimes that works better than going thru union

I've tried talking to my manager AND HR. They both keep saying it's

I work in HR (not for your company) and this is absolutely a wage claim issue, not unemployment. Under Washington state law, employers must pay employees for all hours worked or when they're on standby and required to be available. If you were scheduled to work but couldn't because of their reverification process, they still need to pay you unless there's something very specific in your employment contract or CBA that addresses this scenario.\n\nBefore filing with L&I, I would suggest one more escalation at work - send a formal email to your HR director and copy your union rep. Use specific language like \

This is incredibly helpful, thank you! I'm going to send that email today using the language you suggested. I didn't know about RCW 49.48 - I'll definitely look that up. If they don't respond by next Friday, I'll file with L&I.

I had a similar problem with getting my background check ran 3 times!! for the same school district job. They kep losing the paperwork even tho I was already working with students!!! Its RIDICULOUS but I never had them stop paying me thats crazy. Did they actually say your not getting paid or is it just delayed?? Sometimes payroll will do a separate check for periods like that

They specifically told me I wouldn't be paid for that period. It's been 6 weeks now and still nothing. They didn't even offer a separate check or anything. Just flat out said background check periods aren't paid, even for current employees. It's infuriating!

I actually know exactly how to help with this! I had a similar issue last year with delayed wages (different reason but same result - no pay for a month). I tried for WEEKS to get someone at L&I on the phone with no luck. They kept putting me on hold forever or disconnecting me. I finally used a service called Claimyr that got me through to an actual L&I agent in under 20 minutes. Check them out at claimyr.com - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 \n\nOnce I got through to L&I, the agent walked me through exactly what documents I needed for my wage claim and how to submit everything properly. Made the whole process way easier and I got my wages plus interest about 6 weeks later.

does that claimyr thing actually work tho? i tried calling L&I last month and gave up after being on hold for like 2 hours

Yeah it absolutely worked for me. I was skeptical too but was desperate after trying for two weeks to get through. They connected me in like 15 minutes when I had been trying for days on my own.

Wait i dont understand why ur employer would do a new background check after EIGHT YEARS and then not pay u during it???? that makes zero sense. are u SURE thats whats happening? maybe its a payroll glitch and they owe u backpay. did u check ur paystubs online?

Yes, I'm 100% sure. They've implemented some new agency-wide policy where they're reverifying everyone's background checks regardless of tenure. My paystub for that period literally shows $0 with a note that says

You absolutely CAN'T file for unemployment in this situation because you're still employed. ESD would reject it immediately. This is clearly a wage theft issue that L&I handles. Make sure you document EVERYTHING - save all emails, write down dates of conversations, etc. Washington state has really strong wage protection laws. Good luck!!

Thanks for clarifying. I was confused about which agency handles what. Going to start my L&I claim today and gather all my documentation.

One more thing to consider - check your collective bargaining agreement carefully. There might be a specific grievance process for wage issues that you need to follow before or alongside filing with L&I. Some CBAs have strict timelines and procedures. You don't want to miss any deadlines that could help your case.

That's a really good point. I'll review our CBA tonight. I've already talked to my union rep but maybe there's a formal grievance process I should be using too. I appreciate all the help everyone!