Will ESD pay backpay if husband starts working before pending claim is approved?
So my husband got laid off from his construction job last month when the project finished early. We filed for unemployment right away but his claim has been stuck as 'pending' for nearly 4 weeks now. We're completely new to this process and starting to worry. The good news is he just got a job offer yesterday and will be starting in about 2 weeks. But now we're confused - if his claim finally gets approved AFTER he's already working at the new job, will ESD still pay him for those weeks when he was actually unemployed? Or do we lose that money because he found work before the claim was resolved? Any advice would be so appreciated!
16 comments
Misterclamation Skyblue
Yes, you'll still get paid for those weeks when he was eligible and unemployed, even if he starts working before the claim is approved. This is called "backpay" or retroactive payment. Just make sure he continues filing his weekly claims for all weeks he was unemployed, reporting accurately any job search activities. When he starts working, he should report his earnings on that week's claim. ESD will calculate benefits based on his eligibility during each specific week. The most important thing is to keep filing those weekly claims!
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Gabriel Ruiz
•Thank you so much! That's such a relief. We'll definitely keep filing the weekly claims. Should he keep doing the 3 job search activities per week even though he already has a job lined up? Or does that requirement stop once he has a job offer?
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Peyton Clarke
I was in same boat last year! Still got my backpay but took FOREVER. Like 3 months after i started new job before they paid me what they owed. better than nothing tho
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Gabriel Ruiz
•Oh wow, 3 months is a long time! Was there anything special you had to do to make sure they eventually paid you?
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Vince Eh
IMPORTANT: He needs to keep doing those job searches until he actually STARTS the new job, not just has an offer! I got screwed because I stopped doing job searches when I got an offer but ESD denied my benefits for those weeks because I wasn't technically working yet. Don't make my mistake!!! Keep doing 3 job searches every week until his first actual day of work.
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Gabriel Ruiz
•Thank you for the warning! That's exactly the kind of mistake we might have made. I'll make sure he keeps doing his job searches until he actually starts working.
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Sophia Gabriel
As others have mentioned, your husband should continue filing weekly claims and completing job search requirements until he actually starts working. However, be aware that your claim being in "pending" status for 4 weeks might indicate an adjudication issue that needs resolution. If you're having trouble getting through to ESD to figure out what's causing the delay, I used a service called Claimyr (claimyr.com) that helped me actually reach an ESD agent when my claim was stuck. They have a video showing how it works at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It saved me weeks of waiting and frustration trying to get through on my own. Once your husband starts working, make sure he reports his employment and earnings accurately on his final weekly claim. Good luck!
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Gabriel Ruiz
•Thank you for the tip about Claimyr! I've been trying to call ESD every day this week and can't get through. It's so frustrating not knowing what's causing the delay. I'll check out that video and see if it might help us.
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Tobias Lancaster
My cousin's claim was pending for 6 weeks, then he got a job, and ESD finally approved his claim like 3 weeks after he started working. He got all his backpay eventually but they made him verify all his job search activities for every week. Make sure your husband is keeping DETAILED records of all job contacts! Date, company name, contact info, position, application method, everything. ESD can audit this later.
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Ezra Beard
•This is 100% correct. ESD can request job search verification for up to a year after you file, so documentation is crucial. I recommend keeping screenshots of online applications and emails too. I went through an audit last year and having this documentation saved me from having to repay thousands in benefits.
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Statiia Aarssizan
Hi there! Just wanted to add that your husband needs to be careful about reporting when he has the job offer vs. when he actually starts working. On the weekly claim, ESD asks if you've received any job offers - he should answer YES to this question once he has the offer, even before he starts. But he should continue filing and doing job searches until he actually begins work. Only report earnings for the week he actually works hours. Also - congrats on the new job!
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Gabriel Ruiz
•Thank you for the clarification and congrats! I didn't realize there was a specific question about job offers on the weekly claim form. I'll make sure he answers that correctly.
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Peyton Clarke
wait can someone explain why his claim is pending for so long? mine was approved in like 5 days. did you guys make a mistake on the application maybe??
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Vince Eh
•Not necessarily a mistake. ESD randomly selects claims for additional verification or if there's something unusual about the employment separation. My claim went pending for 7 weeks because my employer contested it, even though I was laid off! It's totally random sometimes.
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Misterclamation Skyblue
To answer your follow-up question - yes, he absolutely must continue doing and documenting 3 job search activities each week until he actually starts working (not just until he gets the offer). Once he works his first day at the new job, then he can stop doing job searches but should still file for that partial week and report his earnings. After he starts working full-time, he'll no longer need to file weekly claims. ESD will eventually process his backpay for all eligible weeks where he properly filed claims and met job search requirements. Just be patient as this can sometimes take several weeks after the claim moves from pending to approved status.
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Gabriel Ruiz
•Got it! Thanks for the clear explanation. We'll make sure to keep up with everything until his first actual day of work. We really appreciate everyone's help here - this was way more confusing than we expected!
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