Will ESD adjudicator call me before deciding my case? Employer lied about firing reason
I just got fired 2 weeks ago and filed for unemployment right away. My claim is now in adjudication status and I'm freaking out. My employer wrote on the separation form that I was terminated for 'violating company policy' but that's a complete lie! I was actually fired after I reported unsafe working conditions at our restaurant to the health department. My boss found out it was me who called and fired me the next day, making up some BS about me being late too many times (I was late ONCE in 8 months). Will an adjudicator actually call me to hear my side before making a decision? I'm so worried they'll just believe whatever my employer says without letting me explain what really happened. Has anyone been through adjudication where the employer straight-up lied? What should I do to prepare if they do call? I can't afford to lose these benefits - I have rent due in 3 weeks and barely any savings left.
20 comments
Daryl Bright
Yes, an adjudicator will definitely call you before making any decision on your claim. They have to get both sides of the story. Make sure your phone number is correct in your eServices account and that you answer ALL calls, even from unknown numbers. They typically call during business hours (8am-5pm). Have your dates of employment, details about the firing incident, and any supporting documentation ready when they call. If you reported unsafe working conditions, that could be considered retaliation which is illegal. Mention that specifically during your call with the adjudicator.
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Natalie Khan
•Thank you so much! That makes me feel a little better. How long did it take for the adjudicator to call you? I've been waiting almost 10 days now and getting nervous.
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Sienna Gomez
i went thru this last yr. they DO call u but sometimes they dont?? my friend never got a call and got denied but i did get 1 and had to explain my side. adjudicator was nice tho. make sure u answer ur phone!!!
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Kirsuktow DarkBlade
•This is completely WRONG information. ESD adjudicators ALWAYS call both parties before making a decision - it's required by law! If your friend got denied without a call, they either missed the call or there was some other issue with their claim. Stop spreading misinformation that makes people more anxious than they already are!!!
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Abigail bergen
I work in HR and can give you some perspective from the employer side. Yes, adjudicators always contact both parties before making a determination. They typically call the claimant first, then the employer, and sometimes back to the claimant if they need clarification. Since you believe you were fired in retaliation for reporting health violations, you should gather any evidence of this - text messages, emails, witness statements, the timing of events, etc. Also, document the exact date you made the health department report and when your employer found out. If your employer is claiming tardiness, ask them to provide documentation of their attendance policy and any warnings you received. If they can't produce this, it weakens their case significantly. Adjudication can take 3-6 weeks currently, so prepare for a wait. Document everything and keep filing your weekly claims in the meantime.
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Natalie Khan
•This is incredibly helpful, thank you! I actually saved texts where my boss mentioned finding out about the health report the day before firing me. I'll gather everything else you suggested. The 3-6 week timeline is scary though... I don't know how I'll manage that long without income.
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Ahooker-Equator
If you're struggling to get through to ESD to check on your adjudication status or have questions, try using Claimyr. I was in adjudication hell for weeks and couldn't get through the phone lines. Used their service and got connected to an ESD agent in about 25 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their website is claimyr.com. Totally worth it when you're stressed about adjudication issues.
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Sienna Gomez
•does this really work?? ive been trying 2 get thru for DAYS and keep getting the stupid busy message
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Ahooker-Equator
•Yeah, it actually does. I was skeptical too but was desperate after trying for a week straight. They got me through to a real person at ESD who could actually see my claim details and tell me what was happening.
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Anderson Prospero
I went through adjudication last month where my former employer claimed I quit voluntarily when I was actually laid off. Here's what happened during my process: 1. Adjudicator called me about 2 weeks after my claim went into adjudication 2. The call lasted about 30 minutes - they asked VERY specific questions about dates, conversations, and events leading to separation 3. They told me they would contact my employer next 4. One week later, the adjudicator called me AGAIN with follow-up questions based on what my employer said 5. Three days after that, my decision appeared in eServices (approved!) My biggest advice is to stick to facts, avoid emotional statements about your employer (even if they're true!), and be super specific about timelines. In your case, make sure to emphasize the timing between your health department report and the firing - that's your strongest evidence of retaliation. Good luck! The system actually does work sometimes.
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Natalie Khan
•Thanks for sharing your experience! It helps to know what to expect. I'll definitely focus on the timeline and stick to facts. Did you have any documentation ready when they called, or did you just tell them what happened?
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Anderson Prospero
•I had everything ready - separation letter, emails with my boss, texts, etc. The adjudicator asked me to email some of it after our call. They specifically wanted evidence of the layoff discussion. In your case, any proof of the health department report and the timing would be valuable.
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Tyrone Hill
The same thing happened to my sister last year!!! Her boss fired her for "performance issues" but it was really because she got pregnant!!! ESD denied her at first but she appealed and won. The adjudicator never even called her - they just denied it based on what the employer said!!! The system is RIGGED against workers! She had to wait like 3 months for an appeal hearing and almost lost her apartment. Don't trust them to be fair!!!
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Daryl Bright
•While I understand your frustration about your sister's situation, that's not how the process is supposed to work. If an adjudicator didn't call her before making a decision, she should have immediately filed a complaint with ESD's quality assurance department. They're required to get statements from both sides before making determinations. The appeal process worked as intended by correcting the initial error, but she shouldn't have had to go through that in the first place.
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Kirsuktow DarkBlade
I just went through adjudication in January. Here's exactly what happened: - Claim went into adjudication on January 4th - Got a call from adjudicator on January 18th (so about 2 weeks) - Asked specific questions about why I was fired - Asked if I had received any warnings (I had not) - Asked for specific dates and details - Told me they'd contact my employer - Decision came on January 27th - I was approved! Make sure you answer EVERY call - they only try twice from what I understand. If you miss both calls, they make a decision based on available information, which would just be your employer's side. Keep your phone charged and with you at all times! When they call, be calm, factual, and precise. Don't trash talk your employer even if they deserve it. Focus on timeline and facts. In your case, make it very clear about the health department report and the sudden firing right after. That sounds like textbook retaliation which usually results in approval. Keep filing your weekly claims while waiting! If approved, you'll get backpay for all those weeks.
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Natalie Khan
•Thank you for the detailed timeline! That's super helpful. I'll definitely keep my phone with me at all times and focus on being calm and factual when they call. And thanks for the reminder about weekly claims - I've been filing them but wasn't sure if I should continue during adjudication.
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Toot-n-Mighty
my cousin works at esd and says they're super backed up right now. adjudication is taking like 4-8 weeks!! so dont panic if u dont hear anything for a while. just keep filing weekly and save all ur evidence. and ya they always call both sides before deciding.
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Daryl Bright
One more thing - make sure you're fulfilling your job search requirements while waiting for adjudication to complete. You need to be doing at least 3 job search activities each week and documenting them. If you get approved but haven't been doing your job search activities, you could end up disqualified for those weeks even if you win your case against your employer.
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Natalie Khan
•Oh! I didn't realize I needed to do job searches while in adjudication. I thought I could wait until my claim was approved. Thank you for letting me know - I'll start right away. Is applying online enough or do I need to do other activities too?
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Daryl Bright
•Online applications count, but it's good to mix up your activities. Check out WorkSource workshops (virtual ones count too), create job search accounts on different platforms, have networking conversations, etc. ESD wants to see variety in your activities. Make sure you document everything - date, company, position, what you did, contact info if available. Even if you're in adjudication, you'll need to report these activities during your weekly claims.
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