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.

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.

UPDATE: I finally got through to someone at ESD after using Claimyr (thanks for that suggestion). The agent confirmed my garnishment flag was STILL ACTIVE despite my appeal being decided in my favor 6 weeks ago! She said she's submitting an urgent request to have it removed, and I should receive written confirmation in 7-10 business days. So relieved I checked on this before filing taxes! Will update again when I get the confirmation letter.

Glad you got through! Make sure to follow up if you don't receive that confirmation letter within 10 business days. And definitely contact the Department of Revenue directly to verify the hold has been released on their end before you file your taxes. The two systems don't always update simultaneously.

Appeals don't affect current benefits but they take FOREVER! Mine took 12 weeks last year and I lost anyway. Just warning you to be prepared for a long wait.

One thing to note - if you DO lose the appeal, you can request a waiver of the overpayment if repaying it would cause financial hardship. There's a special form for this on the ESD website. They don't advertise this option much but it's definitely available if you truly can't afford to repay.

my cousin works at worksource and she said that most people never get audited so dont stress too much about it. but yea def keep track of everything just in case

Thanks everyone for the helpful responses! I've downloaded the official form from the link provided and will use that. Also planning to save screenshots of all my applications and maybe try a WorkSource workshop. Really appreciate all the tips!