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Update: I talked with my attorney again and we're definitely going to file the waiver request. She says even though the decision says it can't be waived, that only applies to the appeal itself, not to the separate waiver process. I'll gather all my financial documents and proof that I reported correctly to include with the request. Thanks everyone for sharing your experiences - it's given me hope that this might work out after all!
Great decision! Make sure to submit copies (not originals) of all your supporting documents. Also, if possible, request an administrative hearing when you submit the waiver - this gives you a chance to explain your case directly to a judge if the initial waiver is denied. Good luck, and please let us know how it turns out!
Sorta off topic but did your lawyer charge a lot to help with the ESD stuff? My husband is dealing with a similar issue ($4800 overpayment) and we're wondering if hiring an attorney is worth it or if we should just handle it ourselves.
My attorney charges $250/hour, but she knows these cases well and has been efficient. For the waiver paperwork, she estimated 2-3 hours total. She said many people do handle it themselves successfully if they're organized and can clearly document everything. If your case is complicated or involves potential fraud allegations, professional help might be worth it.
my neighbor had something similar happen and what got her through the long wait for benefits was calling her utility companies, landlord, etc and explaining the situation. lots of places have hardship programs if you're waiting for unemployment to kick in. might be worth looking into before you're in a desperate situation?
One important thing to know is that if your employer contests your claim, ESD will schedule a fact-finding interview. This is when both you and your employer present your side of the story. Many people miss these calls because ESD often only gives a few days' notice, and if you miss it, your claim could be denied automatically. Once you file, check your ESD account and messages DAILY and answer any ESD phone calls even if you don't recognize the number. They often call from unmarked or blocked numbers. If you miss their call, there's usually no easy way to reschedule and it can add weeks to your claim processing time.
One more important thing: if your final paycheck includes any vacation payout, severance, or other separation pay, make sure you understand how to report that correctly. Those types of payments can affect your benefits differently than regular wages. If you're unsure, it's always better to contact ESD directly to get clarification for your specific situation.
Thanks for the heads-up. I think my final check is just regular wages for my last week of work, but I'll double-check with my employer to make sure there's no vacation time or anything else included.
I waited to file my first claim and it was a HUGE mistake! ESD questioned why there was a gap between when I was approved and when I started filing. Had to go through adjudication for 5 weeks before I got a single payment! Don't make my mistake!
Oh wow, definitely don't want that to happen! Thanks for sharing your experience - I'll start filing this Sunday for sure.
Thanks everyone for the helpful responses! Just to update - I called ESD (took forever to get through) and they confirmed what you all said. I need to answer "yes" to the question about obtaining future work and provide my start date, but I can continue claiming until I actually start working. And yes, I still need to do my job search activities each week. They also suggested I keep my offer letter handy in case there are any questions later. Really appreciate all the advice!
One additional tip since you mentioned the weekly claim questions - when you get to your first week of actual work, remember that ESD uses a Sunday-Saturday week. So if you start on a Tuesday, you'll report the earnings for those days (Tuesday-Saturday) on that week's claim. You'll receive partial unemployment for that week if your earnings are below your weekly benefit amount. Just make sure to report your gross earnings (before taxes) for the days you actually worked, not your future full weekly salary.
My tax guy told me that ESD doesnt always include the tax they withheld on the 1099 so make sure you check that too. I think its box 4 or something. Its easy to miss but makes a big difference when you do your taxes!
last year my neighbor couldn't find his 1099 and ESD told him that if you don't request paper copies they only keep them online for like 3 years or something so if you need older ones you have to specifically request them... just fyi for anyone reading who might need older forms
That's correct. ESD typically keeps 1099-G forms available online for 3 years. If you need forms from prior years, you'll need to submit a specific request to ESD. You can do this by calling their tax department directly or submitting a request through your eServices account messaging center. Make sure to specify which tax year you need.
i think i saw something about this on the esd website somewhere... i think pfmla is technically part of esd but its like a completely seperate program with different rules and everything. my cousin used it last year and said its way less strict than unemployment with the weekly stuff
One more important thing to know about PFMLA weekly claims - if you miss filing for a week, you generally have up to 4 weeks to backdate your claim. This is different from unemployment where you can only backdate in very limited circumstances. Just make sure when you log in to complete all the prior weeks you need to claim. The system should show you all available weeks that you haven't yet certified for.
That's a huge relief! I was worried I might have already missed out on payments. Thank you for letting me know about the backdating option.
i got denied for not having 680 hours too but i never worked in another state so i'm still screwed lol. the system is a joke!!
My husband had this exact issue when he moved from Nevada last year. It took about two weeks for them to get all his hours from Nevada and update his claim. The annoying part was we couldn't get any information during that time - the online system just showed "disqualified" which was super stressful. One thing I would recommend is making sure your weekly claims are still being filed during this time! Even though it shows you as disqualified, if they approve your claim with the out-of-state hours, they'll pay those weeks retroactively - but ONLY if you filed the weekly claims.
Thank you for the tip about filing weekly claims anyway - I'll definitely do that! Did your husband's online account eventually update to show he was qualified, or did he just start receiving payments?
Update to my earlier comment: Since you mentioned you're having trouble getting through on the phone, here are some additional tips: 1. Call right when they open at 8:00 AM (be dialing at 7:59) 2. If that doesn't work, try between 4:30-5:00 PM when call volumes sometimes drop 3. Use the online message center in your eServices account - specifically mention that you can prove your job search activities were entered correctly 4. If you have a WorkSource office nearby, visit in person as they sometimes can help resolve issues like this It's important to be persistent as this type of hold won't typically resolve itself without intervention. When you do reach someone, ask them to notate your account showing they've verified your job search activities to prevent this from happening again in future weeks.
Thanks for these additional tips. I'll try the early morning call tomorrow and also send a message through the portal tonight. Appreciate the help!
any update? did u get thru to them?? im curious what happened cuz im worried this could happen to me too
Finally got through this morning! You were all right - it was a system glitch. The agent could see my job search activities in their system even though the automated verification process flagged them as missing. They removed the hold and said my account should update with the correct balance within 48 hours. What a relief!
CosmicCruiser
i dont think ESD can even check if u won money at casinos?? like theres no reporting system between casinos and unemployment office right?? just saying....
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Omar Hassan
•This is dangerous advice. For significant winnings (typically $1,200+ for slots), casinos issue a W-2G form that's reported to the IRS. ESD can and does cross-reference with IRS data, especially during audits. Even for smaller amounts, intentionally concealing income is fraud and can result in disqualification, repayment requirements, and potentially criminal penalties. The risk isn't worth it.
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Isabella Santos
OK thanks everyone for the help! I'm going to: 1) File my claim as normal this week since the final paycheck was for work I did last week (already reported) 2) Report my casino winnings on this week's claim as "other income" I'd rather be honest and maybe get a slightly smaller payment this week than deal with overpayment headaches later. Still frustrated about having to report a lucky win, but it is what it is.
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StarStrider
•Good decision! One more tip - just in case ESD has questions about either situation, keep documentation of your final paycheck showing the pay period dates, and maybe even something showing the date of your casino visit. It's rare they'll ask, but always good to have proof available if needed.
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