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Based on everything you've shared, you're in a pretty strong position for the appeal. Having the written layoff notice is extremely valuable evidence. The fact that the employer is now changing their story to claim it was for tardiness, when they documented it as a layoff due to reduced work, severely undermines their credibility. One other thing to prepare for: ESD may try to say you have to repay while the appeal is pending. You can request a "waiver of collection" due to financial hardship while your appeal is in process. This stops them from taking actions like garnishing wages or tax refunds until after the hearing decision. Please come back and let us know how the hearing goes!
Yes, absolutely request to record the hearing! OAH records it anyway, but having your own copy is helpful. Also, take detailed notes during the employer's testimony - they often contradict themselves, which you can point out during your response. One last tip: use the exact terminology from the ESD handbook when possible. For example, don't just say "I was laid off" but instead say "I was separated from employment due to lack of work, which is not misconduct connected with the work." Using their language shows you understand the standards they're applying.
Did you switch jobs during your claim period or have multiple employers? That's often the cause of these mysterious overpayment notices. ESD's system sometimes fails to properly connect all your employment records, especially if you worked for multiple places or had gig work. Make sure your appeal specifically addresses this possibility if it applies to your situation.
One important thing to note: if your appeal is successful, you'll want to request a formal "waiver of overpayment" form from ESD. Even if they agree the overpayment was their error, they sometimes still expect repayment unless you specifically request a waiver. Don't skip this step! The form basically asks you to explain why repayment would cause financial hardship. Also, continue filing your weekly claims if you're still on unemployment - an overpayment notice doesn't automatically disqualify you from current benefits.
I finally got through to ESD this morning! Turns out they think I was working full-time at both bars simultaneously, which wasn't the case at all. I was working part-time at each, totaling less than 30 hours weekly. The agent sent me the appeal form and told me exactly which pay periods they're questioning. Going to submit all my documentation tomorrow. Thank you everyone for the help and keeping me from panicking!
My uncle works for ESD and he told me they always use the first 4 of the last 5 completed quarters. It's just how the system works. Also, make sure you're doing your job search activities every week (3 per week) or they'll deny your benefits.
One more important thing to understand: After your claim is processed and investigated, you'll receive a "Monetary Determination" letter that shows exactly which wages were counted from which quarters, and how your weekly benefit amount was calculated. This usually takes 2-3 weeks. If you notice any wages missing from the determination that should be in your base year (7/1/22-6/30/23), you can request a redetermination. But they won't include wages outside your base year unless you don't qualify at all under the standard base year calculation. Just make sure to keep filing your weekly claims while waiting for the final determination. Your first payment won't process until the investigation is complete, but you'll get paid retroactively for all weeks you've properly claimed.
i had the OPPOSITE problem with ESD last year lol. i WASNT in school & they somehow marked me AS attending school & disqualified me. took 6 calls & 2 months to fix. double check all your weekly claims to make sure you answered the school question correctly each week?
I definitely double-checked my answers before submitting each week. I answered "yes" to the school question and explained that I was taking evening classes that wouldn't interfere with full-time work. Maybe that's where things went wrong? Should I have answered "no" since the classes don't affect my work availability?
Actually, that might be part of the problem. When you answer "yes" to attending school, the system often flags your claim for review because it assumes you might not be available for work. This is why many people recommend applying for Training Benefits approval before starting classes. For now, I recommend: 1. File your appeal right away (30-day deadline!) 2. Try to reach an ESD agent (using Claimyr or persistent calling) 3. Keep filing weekly claims, but be consistent with your answers 4. Gather documentation showing your availability despite school And don't get discouraged - many people successfully overturn these kinds of disqualifications when they can prove the school schedule doesn't interfere with work availability.
This is all excellent advice. One more thing: when you file your appeal, specifically request back payment for all those weeks you were filing. If your appeal is successful, ESD should pay you for all properly filed weeks retroactively. Just make sure you don't miss any weekly filings while waiting for the appeal decision.
Paolo Conti
I've been on UI since November and I've noticed the payment timing is really inconsistent lately. Sometimes it's next day, sometimes it's 4-5 days. If your banking info is correct and you don't have any alerts or messages about issues with your claim, it's probably just in the processing queue. Also, remember that even though it shows as 'paid' on 1/27, that was a Friday, so the bank processing likely didn't start until Monday (1/30). Then add 1-3 business days for ACH processing. I'd expect it to arrive by tomorrow or Thursday at the latest.
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Ava Rodriguez
•You're right about the weekend timing. I just got nervous since my previous payments were always super quick. It's helpful to hear that others are experiencing varying timeframes too. I'll try to be patient!
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Ava Rodriguez
UPDATE: The money finally hit my account this morning! So it took exactly 5 business days from when the status changed to 'paid'. Thanks everyone for your help and reassurance. For anyone else experiencing this - it seems like ESD payments are definitely taking longer than they used to.
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