Won ESD appeal after being forced to take low-paying job - can husband quit and collect benefits?

First, congratulations on winning the appeal! That's a major victory. To answer your question directly: No, your husband generally cannot quit his current job to collect unemployment benefits, even though he won the appeal. The appeal victory means: 1. He won't have to repay the $5,200 in benefits he already received 2. IF he becomes unemployed again through no fault of his own, his previous valid claim would be accessible Unfortunately, voluntarily quitting his current job would likely make him ineligible, unless he can prove "good cause" for quitting (which has very specific definitions under ESD rules). Taking a job at lower pay than his previous position doesn't qualify as good cause by itself. I'd recommend having him call ESD again and specifically ask about "partial unemployment benefits" - since his current wages are significantly lower than his previous union position, he might qualify for some partial benefits to supplement his income while he continues looking for better work.

I went thru something kinda similar last yr except my appeal took 12 WEEKS!! your husband should check if hes getting back pay for those 8 weeks he was waiting for appeal decision!! ESD owes him that money since he won!!!

Look into partial unemployment benefits as the previous poster mentioned. My brother-in-law got laid off from construction ($38/hr) and took a warehouse job ($19/hr) while waiting for his union to find him new work. He filed weekly claims reporting his part-time income and still got partial benefits that helped bridge the gap. Your husband should definitely be getting backpay for those 8 weeks if he wasn't working during that period. Make sure he keeps filing weekly claims and reporting his current income accurately. The system will automatically calculate if he's eligible for any partial benefits based on his previous wage history.

I work in HR and deal with unemployment cases frequently. Here's what your husband should do: 1. Call ESD *specifically* about the back benefits for those 8 weeks during appeal. Since he won, he's entitled to those payments. 2. Ask about the "partial unemployment" option others mentioned. In WA, if you're working but earning less than 1.33 times your weekly benefit amount, you might qualify for partial benefits. 3. DO NOT have him quit his current job to collect full unemployment. That would create a new disqualification issue completely separate from his appeal victory. 4. If he finds a better job opportunity, he can take it without affecting his unemployment claim history. The appeal victory essentially clears his record with ESD regarding that separation. One important note: if your husband wasn't filing weekly claims during those 8 weeks while waiting for the appeal decision, he might need to request backdating of those weeks. This is something he needs to specifically discuss with ESD.

JUST FYI the ESD phones are IMPOSSIBLE to get through on!!! I spent 4 days trying before I finally got through to someone who could actually help with my appeal question! If your husband is having trouble getting answers, there's a service called Claimyr (claimyr.com) that can help get through to an ESD agent without the endless waiting. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 It really helped me when I was dealing with my appeal situation. Just thought I'd mention it since you said the person he talked to wasn't helpful and he'll probably need to call back.

Whatever u do DONT STOP FILING WEEKLY CLAIMS!!!! If ur hubby won the appeal he needs to keep filing every week even if hes working! Thats how they know if he qualifies for partial payments or not. Dont listen to that person saying he cant quit the job, u can ALWAYS quit a job, u just gotta have good reason which ESD decides. Low pay by itself probly not enough but if the job has safety issues or toxic environment those count as good reasons sometimes.

The appeals language "benefits are allowed beginning September 9, 2024" typically means: 1. The previous denial is reversed as of that date 2. Your husband is eligible for benefits from that date forward IF he meets all other eligibility requirements (which includes being unemployed or partially employed) 3. He's entitled to back benefits for weeks he claimed during the appeal process Since he's currently employed, he wouldn't qualify for full benefits, but might qualify for partial benefits if his current earnings are low enough compared to his previous wages. The formula is fairly complex, but essentially if he's earning significantly less than he would receive on unemployment, he could get a partial payment each week. Something else to consider: if his current job doesn't utilize his union skills, he might be able to continue looking for work in his field while maintaining this job. As long as he's available for full-time work and actively searching, he could potentially still file weekly claims reporting his part-time income.

The fact that ESD initially denied your husband's claim then approved it on appeal is actually fairly common. The first-level adjudicators often side with employers, which is why the appeal process exists. Regarding your specific situation: 1. Your husband should immediately file for the retroactive benefits covering the 8-week appeal period. There's typically a limited window to claim these weeks retrospectively. 2. For his current situation, Washington does have provisions for workers who take "suitable work" at significantly lower wages than their previous employment. However, voluntarily quitting to collect benefits is generally problematic unless specific conditions are met. 3. One potential option: If your husband finds a legitimate union job opportunity that pays significantly better, quitting his current job to accept that offer would not disqualify him from benefits if the new position fell through or wasn't as advertised. Most importantly, I'd recommend having your husband speak with someone from his union. They often have representatives who specialize in unemployment issues specific to union workers and might have more tailored advice for his situation.