What happens if my employer doesn't respond to ESD's claim inquiry?

When employers don't respond to ESD, they typically proceed with making a determination based on the information YOU provided. I was worried about the same thing when I filed in February. My employer was a small construction company that was terrible with paperwork. ESD sent them requests for info and they never responded. After about 10 days, ESD just moved forward with my claim and approved it based on my statement about being laid off due to lack of work. If you provided honest information about why you were let go, ESD will usually side with you when the employer is silent. Make sure you keep filing your weekly claims while waiting!

It's actually a good thing when employers don't respond! By law, ESD has to make determinations within a certain timeframe. If an employer doesn't provide their side, ESD will make their decision based solely on what YOU told them. But be careful - employers have 10 days to respond, and sometimes they respond at the last minute. Also, even if your claim gets approved, the employer can still appeal later and contest it within 30 days of the determination. This happened to me and I had to pay back benefits. Make sure everything you stated is 100% accurate!

my boss tried to screw me over too but never responded to ESD lol. got approved in like 2 weeks. just keep checking ur eservices account for messages. they might ask u for more info

Here's what ACTUALLY happens: When an employer doesn't respond, ESD automatically applies a "fail-to-respond penalty" to that employer's experience rating, which can increase their unemployment tax rate. So most employers DO respond eventually to avoid this. But here's the important part - if they don't respond within the timeframe (usually 10 business days), ESD is REQUIRED to make a decision based solely on available information. This is per Washington Administrative Code 192-130-070. The tricky part is that even if you get approved initially, the employer has 30 days to appeal after a determination letter is issued. If they suddenly "remember" to respond during an appeal, you'll have to defend your claim at a hearing. Make sure you have documentation of EVERYTHING - your termination letter, any emails about the restructuring, and especially anything related to your medical accommodations, as that could indicate potential wrongful termination.

Last year I was in the same situation - employer was a small shop that went out of business and the owner just disappeared. ESD tried contacting them multiple times with no response. What finally helped me was using Claimyr (claimyr.com) to get through to an actual ESD agent. They have this video demo: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. I was able to explain my situation to the agent who then noted in my file that multiple employer contact attempts had failed. My claim was approved within days after that call. Without getting through to someone, I think I would've been stuck in limbo much longer.

THE WHOLE SYSTEM IS RIGGED AGAINST US!! My employer LIED and said I quit when I was actually fired and ESD BELIEVED THEM with ZERO EVIDENCE!!! I had to wait 10 WEEKS for an appeal hearing where I finally got approved. If your employer doesn't respond, consider yourself LUCKY. The system is designed to favor employers at every turn. ESD will say they're "neutral" but that's complete BS. Document EVERYTHING. Record conversations if legal in your state. Trust me, you'll need it.

my friend works at ESD (not supposed to tell ppl that lol) and she says they actually prefer when employers don't respond cuz it makes their job easier! they just go with whatever the claimant said as long as it sounds reasonable. but yeah they can totally appeal later which suuuucks

Quick update on timing: if the employer doesn't respond, ESD typically makes a determination within 2-3 weeks of filing. However, if your claim has any other issues (like availability questions, job search requirements, etc.), those will need to be resolved separately. The employer response is just one piece of the puzzle. Make sure you're completing your weekly claims correctly and documenting your job search activities (3 per week) properly. That will prevent other delays.

Important point about medical accommodations - if you believe your separation was related to your request for medical accommodations, you might want to note that in your claim. If your employer terminated you because of medical issues, that could potentially be considered wrongful termination and would almost certainly qualify you for benefits. However, this might trigger additional fact-finding from ESD. They might ask for documentation of your accommodation requests and the employer's responses. In my experience, it's better to be upfront about all circumstances rather than having details come out later that might look like you were hiding something.