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what happens with ur fmla? is it paid or unpaid? cuz if unpaid maybe u shud keep unemployment?? jus curious
This would be illegal. You cannot collect unemployment while on FMLA because UI requires you to be "able and available" for work. If you're on medical leave, you're certifying that you are NOT able to work. This is literally fraud and could result in having to pay back benefits with penalties.
Update: I called ESD this morning and they confirmed what most of you said. I don't need to formally cancel anything, just don't file weekly claims. The representative did make a note in my file about the FMLA situation, which she said would help if I need to reactivate my claim later. Thanks everyone for your help!
I'd like to clarify something important: when you receive a monetary determination after a denied claim, you should check two key things: 1. Look at the "Effective Date" on the new determination - if it's different from your original claim date, it could be a completely new claim period being evaluated. 2. Review the "Potential Benefits" section - even if it shows a weekly benefit amount, this doesn't mean you're eligible. It just shows what you would receive IF you qualified based on wages alone. The monetary determination is just one part of eligibility. If you were denied for insufficient hours initially, but this new determination shows different hours/wages, you might want to check if something changed in your wage record. Don't ignore this letter - either way, it's an official determination that could be appealed if incorrect.
One more thing to consider - if you applied for regular UI and were denied, but might qualify for another program like PIT (Paid Internship Training) or certain trade-specific benefits, the system sometimes automatically evaluates you for those. The new determination might be for a different type of benefit program entirely.
I didn't know that was possible! I was in a training program briefly last year, though I didn't mention that in my application. Maybe that triggered something in their system?
If you participated in an approved training program, that could definitely be relevant. ESD has several different programs with different eligibility requirements. The Commissioner Approved Training (CAT) program, for example, has different qualifying criteria than regular UI. I'd recommend reviewing all sections of the determination letter to see if it mentions any specific program name or type of benefit.
My brother-in-law just went through this last month. His waiver only took about 4 weeks to approve, but I think his case was pretty straightforward since the overpayment was clearly ESD's mistake. They calculated his benefit wrong initially then tried to reclaim $4,200 a year later. Anyway what I'm trying to say is that sometimes it can be faster I guess?
Just wanted to follow up since my earlier comment. One thing I forgot to mention is that while you're waiting for the waiver decision, make sure you respond to ANY correspondence from ESD, even if it seems unrelated to your waiver. Sometimes they need additional info but don't specifically connect it to your waiver request in their communications. Also, document every interaction with ESD - date, time, who you spoke with, and what was discussed. This documentation can be incredibly helpful if you need to file an appeal or if there's any confusion about what information you've already provided. Stay patient and persistent. The process is designed to be thorough, which unfortunately means it can be slow.
This is great advice - thank you! I'll start keeping a log of all my interactions with ESD. So far it's just been me submitting the waiver and checking my account, but if they contact me I'll definitely document everything. The waiting is definitely testing my patience, but hearing from everyone here has helped me feel less alone in this process.
same thing happened to me last month! "failure to report earnings" but i had zero income during pandemic! turns out they had me confused with someone with similar name who was working at amazon. took 3 appeals but finally got it fixed. check your quarterly wage reports in your eServices account - might show incorrect employer info if thats whats happening. def appeal this!
I had something similar happen but it was because a previous employer reported my final paycheck in the wrong quarter. Could be worth checking if maybe a final paycheck from your restaurant job was paid after you filed for unemployment? Even a single missing week can trigger these notices.
To address your tax refund question specifically: Yes, both federal and state tax refunds can be intercepted for ESD overpayments. For federal refunds, it goes through the Treasury Offset Program (TOP). For state refunds, it's handled directly by Washington Department of Revenue. However, if you file an appeal or waiver request, they may place a temporary hold on collection activities including tax intercepts. Make sure you request this specifically when you file your appeal.
Thank you for this clear explanation. I'm definitely going to appeal and request a hold on collections. I'm also going to look for all my documentation from when the restaurant closed. Hopefully they'll see this is just a mistake.
Maggie Martinez
has anyone else notice how the ESD website is always "down for maintenance" at the EXACT times u need to file ur weekly claim?? happened to me AGAIN last night when i tried to file right at midnight. seems suspicious...
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Monique Byrd
•Their system maintenance is scheduled for midnight to 4am on Sundays. It's on their website under System Availability. Best practice is to file your weekly claim during business hours on Sunday or Monday to avoid these maintenance windows.
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Aileen Rodriguez
FINAL UPDATE: My claim finally switched from pending to paid today! All 7 weeks of backpay are scheduled to hit my account tomorrow. Such a relief! If anyone else is stuck in pending limbo, definitely try the governor's office route - it took about 10 days total from when they got involved, but it worked when nothing else did.
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Lia Quinn
•congrats! bet that backpay is gonna feel good lol
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