Safeway suddenly removed my last shift - can I qualify for partial ESD unemployment?
I've been working at Safeway for over 6 years, but they've been gradually reducing my hours. I was working 2 days a week for the past year, then after calling in sick twice this winter, they cut me to just 1 day weekly. This reduction already cost me my medical benefits and union status. I kept showing up for my single shift without complaint, but today I arrived to discover they gave my remaining shift to another employee 'to help her out.' No notice, no email, nothing! Both managers conveniently weren't around to talk about it. They didn't even offer me hours in another department. I do have another higher-paying job with fewer hours that I prioritize, but I relied on this income too. The work environment has become increasingly hostile anyway, with coworker issues and scary situations involving theft. I'm honestly fed up but might consider transferring to a different Safeway location. My question is - can I file for partial unemployment benefits through ESD for this reduction and eventual elimination of hours? This feels like constructive dismissal since they've cut me from 2 days to 1 day and now to zero without any documentation or formal reduction in force.
19 comments
Freya Thomsen
Yes, you can absolutely file for partial unemployment with ESD in this situation. What you're describing sounds like a classic case of constructive dismissal where they've systematically reduced your hours to zero without formally terminating you. Make sure you document everything - when your hours were reduced the first time, when they were eliminated entirely, and any communication (or lack thereof) about these changes. When you file, you'll need to report your earnings from your other job, and ESD will calculate if you're eligible for a partial benefit amount. Given that you had a consistent work history at Safeway for 6 years, you should have sufficient hours in your base year to qualify.
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Ravi Sharma
Thanks for the quick reply! So I should go ahead and file right away? I'm worried they might suddenly offer me hours again just to mess with my claim. Also, does it matter that my main job pays more but has fewer hours? I'm just confused about how ESD calculates the benefit when you have two jobs but lose one completely.
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Omar Zaki
DONT BOTHER with ESD!!! i tried filing partial when Fred Meyer cut my hours last year and it was a TOTAL NIGHTMARE. waited 8 weeks in \
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AstroAce
Not all cases are the same though - sounds like OP has a much clearer case of employer-initiated reduction. They went from 2 days to 1 day to zero without their consent, which is different from your situation maybe?
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Chloe Martin
You should definitely file with ESD, but first send an email to both managers asking why your shift was eliminated without notice. This creates a paper trail that will help your case. When you file, be very specific about how your hours were reduced over time - from 2 days to 1 day to zero. ESD looks at your earnings from all jobs when determining eligibility, so report both jobs accurately. Your benefit would be based on your total earnings during your base year, and then reduced by what you currently earn at your other job each week. It doesn't matter which job pays more per hour; it's the total weekly earnings that count. Also, check if you're still technically employed or if they've processed a separation. You can request your personnel file to clarify this.
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Ravi Sharma
That's really helpful, thanks! I just emailed both managers asking for clarification about my employment status and why my shift was eliminated without notice. Should I wait to hear back before filing with ESD, or should I go ahead and file now? I'm worried about timing since I've heard the process can take a while.
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Diego Rojas
I had a similar experience with Albertsons last year. They kept cutting my hours until I basically had no choice but to quit. When I applied for unemployment, I got stuck in adjudication for weeks because they claimed I voluntarily quit. I couldn't get through to anyone at ESD to explain my situation - their phone lines are constantly jammed. I eventually used a service called Claimyr (claimyr.com) to get through to an actual ESD agent - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. The agent was able to accelerate my adjudication process once I explained the constructive dismissal situation. Just be prepared for Safeway to potentially fight your claim.
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Anastasia Sokolov
is that service legit? sounds kinda sketchy paying someone just to get thru to ESD...
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Diego Rojas
It worked for me when I was desperate after trying for 3 weeks to get through on my own. They basically just help you bypass the endless hold times. The ESD agent I finally spoke with was able to look at my case right away instead of me waiting weeks for someone to review it.
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Sean O'Donnell
File right away dont wait!! ESD has a one week waiting period anyway before benefits start so the sooner u file the better. My daughter works at safeway too and they did the same thing to a bunch of people at her store last year trying to avoid layoffs. she said HR calls it \
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Ravi Sharma
That's exactly what they're doing! \
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Freya Thomsen
To answer your question about having two jobs: ESD looks at your total earnings from all employment. When you file your weekly claims, you'll report what you earn from your remaining job each week. If that amount is less than your weekly benefit amount, you'll receive the difference as partial unemployment. So yes, you should file even though you still have one job. The calculation can be a bit complex but generally: if your weekly benefit amount is $650 (just an example) and you earn $400 at your other job in a week, you'd receive $250 in unemployment benefits for that week (minus taxes if you choose to withhold them).
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Ravi Sharma
This makes so much sense now, thank you! I just filed my initial application today. One more question - do I need to do the job search requirements even though I'm still working at my other job? The application asked for job search contacts but I'm not sure if that applies to partial unemployment.
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Chloe Martin
Yes, you still need to complete job search activities even for partial unemployment. The standard requirement is three job search activities per week, but there are many activities that qualify beyond just applying for jobs - networking events, updating your resume, attending WorkSource workshops, etc. Make sure you keep detailed records of all your job search activities using the job search log in your ESD account. If you're hoping to stay in the same industry, you could even count applying to positions at other Safeway locations as valid job search activities.
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AstroAce
Actually, there's an exception to this! If you're working at least 40% of your customary hours at your remaining job, you might qualify for
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Anastasia Sokolov
i worked at safeway for 15 yrs before they pulled this same garbage on me last year!!! cut my hours then claimed i was a \
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Ravi Sharma
Wow, 15 years and they still treated you that way? That's awful. I took your advice and snapped a picture of the schedule showing my name completely removed and the other employee now having my shift. I also wrote down everything I remember from today's conversation with the department manager who just shrugged and said \
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Zara Ahmed
my cousin works for esd and she says their system flags cases where hours were reduced before being eliminated completely... they look extra close at these because companies try to disguise layoffs as voluntary quits all the time. so be super clear in your application that you WANTED to keep working your 1 day but they took even that away without asking you. hope it works out for you!
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Omar Zaki
THIS!!! The system is DESIGNED to let employers get away with this garbage. They'll make you PROVE every little detail while just taking whatever BS the employer tells them at face value. It's so rigged against workers it's not even funny.
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