Restarting UI claim after brief employment - will husband get new benefit year or just remaining weeks?
My husband was on unemployment in January, then found a job with a construction company in February. They just laid him off for the winter season last week (typical for construction here). When he logged into his ESD account to file, it only shows the option to 'restart' his claim because he still has about 8 weeks left from his original claim period. We're confused about the right process - should he restart the old claim or somehow file a new one? He worked 30+ weeks at this construction job, which I think is enough to qualify for a new claim. Will ESD automatically add more weeks because of his recent employment, or will he be limited to just the 8 weeks left on his original claim? I'm worried because winter layoffs can last 3-4 months here.
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Jabari-Jo
He should definitely restart the claim as prompted. The system is showing him that option because it's the correct one. ESD will review his work history since his last claim and determine if he qualifies for a new benefit year or if he'll just receive the remaining 8 weeks. The good news is that if he worked 30+ weeks at the construction job, he likely has enough hours/wages to qualify for a new benefit year after the remaining weeks are exhausted.
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Seraphina Delan
•Thank you! So should he answer 'yes' to the question about working since his last claim? I'm guessing that's how ESD learns about the construction job, right?
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Kristin Frank
restart it. thats what i did when i got laid off from the cannery after my retail job. esd will figure out all the details when they see his new work history.
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Seraphina Delan
•That's good to hear it worked out in your situation! Did your benefits amount change based on the newer job's wages?
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Micah Trail
The system is designed to handle exactly this situation. ESD won't open a new claim until his current benefit year has expired OR until he exhausts his remaining benefits. Here's how it typically works: 1. He should restart the claim as prompted. 2. He MUST report all work and earnings since his last claim. 3. He'll receive his remaining 8 weeks first. 4. After those weeks are exhausted, IF his benefit year has ended, the system will automatically prompt him to file a new claim. 5. If his benefit year hasn't ended after the 8 weeks, he might need to wait until it does to file a new claim. The key thing to understand is that unemployment operates on a "benefit year" - which is typically 52 weeks from when he first filed. Even with new qualifying employment, he generally can't start a new benefit year until the current one expires.
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Seraphina Delan
•Thank you for this detailed explanation! I think his benefit year might be ending soon actually - he first filed last November or December. So timing-wise, his 8 remaining weeks might end around the same time his benefit year expires. I'll make sure he reports all work history accurately.
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Nia Watson
When I got laid off twice in the same year, I had to use up my remaining benefits first, and then ESD automatically filed a new claim for me when those ran out. The system actually works pretty well for seasonal work situations.
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Alberto Souchard
The ESD system is GARBAGE for seasonal workers!!! I worked construction for 7 years and this happens EVERY SINGLE WINTER. They make you exhaust your old claim first, even when you've earned enough for a new one, and then sometimes there's a gap of 2-3 weeks while they process the new claim. HOW ARE WE SUPPOSED TO PAY BILLS DURING THAT GAP??? The whole system is rigged against seasonal workers who get laid off regularly. Your husband should file immediately and also file his weekly claims consistently. DON'T MISS ANY WEEKS even if you're not getting paid.
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Seraphina Delan
•Thanks for the warning. That gap between claims sounds really stressful. I'll make sure he files consistently and doesn't miss any weeks.
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Katherine Shultz
A few things to add to what others have said: 1. Make sure your husband answers "YES" to having worked since his last claim and reports ALL employers accurately. 2. He will need to use up the remaining benefits on his current claim first. 3. If he's worked enough hours (typically 680+ hours in his base year), he should qualify for a new claim after this one ends. 4. His weekly benefit amount might change on the new claim based on his earnings at the construction job. 5. Be prepared for possible adjudication if there are any discrepancies between what he reports and what the employer reports. Also, if he has trouble reaching ESD (which is common this time of year with seasonal layoffs), you might want to try using Claimyr at claimyr.com - it helped me get through to an ESD agent within 20 minutes when I was dealing with a similar situation last winter. They have a video demo showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3
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Seraphina Delan
•Thank you! This is all really helpful information. I'll check out that service if we run into problems reaching someone at ESD. He's planning to file tomorrow, so I'll update him on everything everyone has shared.
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Marcus Marsh
quick question - do u kno if ur husband put that he's on standby with the construction company? If they do seasonal layoffs and plan to rehire him in spring, he might qualify for standby status so he wouldnt have to do job searches for a while
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Seraphina Delan
•That's a great point! His foreman did mention he's on the callback list for spring, but didn't specifically say anything about 'standby' status. I'll have him ask about that when he files.
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Micah Trail
•Just to clarify - standby status has to be requested by the employer, and they need to give a specific return-to-work date within 8 weeks (though there are some exceptions for certain industries that can go up to 12 weeks). If his employer didn't specifically mention standby, he'll likely need to complete the job search requirements (3 activities per week).
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Seraphina Delan
UPDATE: My husband restarted his claim yesterday and it went through! He reported all his work history with the construction company. After completing everything, his account shows he has the 8 weeks remaining from his previous claim, and the weekly benefit amount is the same as before. The agent he spoke with (he was able to get through by calling right when they opened) said that once those 8 weeks are used up, the system will automatically review his eligibility for a new claim since his benefit year is ending in December anyway. Thanks everyone for your help!
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Jabari-Jo
•Great to hear! Just make sure he keeps filing his weekly claims even after the 8 weeks are up, so there's no gap while they process the new claim.
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Arnav Bengali
That's awesome news! Glad he was able to get through to someone right away. For anyone else in a similar situation reading this - calling right when ESD opens (8am) is definitely the best strategy. Also, since his benefit year is ending in December anyway, the timing should work out perfectly where he won't have much of a gap between claims. Construction workers deal with this every year, so ESD is pretty familiar with the process. Hope the rest of winter goes smoothly for you both!
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