Out-of-state remote worker laid off by WA company - where to file for ESD benefits?

She should file with Washington ESD since that's where her employer paid unemployment taxes. This is considered a "liable state" situation. The rule is generally that you file where the employer reported your wages and paid into the unemployment system, not where you physically performed the work. I went through something similar when I worked remotely for a California company while living in Washington.

not completely true... it depends on her specific work arrangement. some remote workers do file in their resident state even if company is elsewhere. she should probably call both oregon and washington to confirm before submitting anything

Actually, both answers have some merit, but there's a specific process for this. Your mom should file her claim with Washington ESD first since that's where the employer is based and likely paying unemployment taxes. However, if she's been physically working in Oregon the whole time, this becomes a "combined wage claim" situation. Here's what will happen: 1. She files with Washington ESD 2. During the application, she indicates she lives and worked in Oregon 3. ESD will determine if this should be transferred to Oregon 4. If Washington has jurisdiction, they'll process it 5. If Oregon should handle it, they'll transfer the claim The most important thing is that she file promptly - within the first week after her last day of work. The systems between states communicate with each other, but it can take longer to process interstate claims.

I'm going through the EXACT same thing right now! Remote worker in Idaho but company in Washington. I filed with Washington ESD three weeks ago and it's been a NIGHTMARE trying to get anyone on the phone to answer questions. My claim is stuck in "adjudication" for some interstate verification thing. I've called over 30 times and either get disconnected or wait for hours. SO FRUSTRATING!!! Be prepared for your mom to wait a long time for benefits since these interstate claims take forever to process.

make sure she mentions the interstate work on the application!! my husband didn't and it caused a huge delay and we had to appeal

One more important detail - she should be prepared to verify her identity through ESD's secure identity verification process. Since she's filing from out of state, they may flag her claim for additional security checks. Make sure she has multiple forms of ID ready (driver's license, passport, birth certificate, etc.) and access to a smartphone for any verification steps. This can save a lot of time and prevent delays.

When I got laid off last year my situation was kinda similar. The most annoying thing was that my old company tried to claim I wasn't eligible because I was a "contractor" even though I was clearly an employee. They did this to several remote workers to avoid unemployment claims. If your mom gets any pushback from her employer, make sure she has her offer letter, regular paystubs, and anything showing she was treated as an employee (benefits, tax docs, etc). Companies try to pull fast ones especially with remote workers!

Just to follow up on my earlier comment - while she should file in Washington first, be aware that her weekly benefit amount will typically be calculated according to Oregon's formula if the claim gets transferred there. Different states have different maximum benefit amounts and calculation methods, so that's something to keep in mind. Washington's maximum weekly benefit is currently higher than Oregon's, but the eligibility requirements differ slightly too.

I'm glad you're getting the information you need. One final tip: after she files her initial claim, make sure she continues to file weekly claims even if her initial claim is still pending or in adjudication. Many people make the mistake of waiting for approval before filing weekly claims, but those weeks can't be recovered later. She needs to file weekly claims starting with the first week she's eligible, regardless of the status of her initial claim.

I just wanted to add one more resource that might help your mom - Washington ESD has a specific page on their website about interstate claims that explains the process step by step. It's under "File for benefits" > "Special situations" > "Interstate claims." The page has a flowchart that shows exactly how they determine which state handles the claim based on where you worked vs. where the employer is located. It also lists the specific documentation they need for out-of-state filers. Having this info handy when she calls might help speed things up if she needs to speak with someone directly. Good luck with her claim!

I work for an employment law firm and see these interstate remote work situations frequently. Your mom is in a relatively straightforward case since she's been with the Washington company for 3 years as a W2 employee. A few additional points that might help: 1. Keep records of EVERYTHING - screenshots of her application, confirmation numbers, any correspondence. Interstate claims sometimes get lost in the system. 2. If Washington ESD determines Oregon should handle the claim, the transfer process usually takes 7-10 business days, but her claim date will be backdated to when she originally filed. 3. During the waiting period, she should still be actively job searching and keeping records - both states will require this regardless of who ultimately processes her claim. 4. Tech companies in Washington are generally good about not contesting legitimate unemployment claims, but having her employment contract and any layoff documentation ready is smart. The most important thing is filing quickly. Even if there's some back-and-forth between states, getting that initial claim date locked in protects her eligibility period. Best of luck to your mom!