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One more important thing: document EVERYTHING. Every time you call ESD, write down the date, time, who you spoke with, and what they told you. If they make any promises about your repayment plan, ask for it in writing or at minimum get a reference number for the call. I've seen cases where claimants negotiated payment plans, only to have them not properly noted in the system. Then they were surprised when different amounts were withheld than what they agreed to. Also, check your ESD online account frequently once payments start. The overpayment balance should decrease with each payment. If you see any discrepancies, contact them immediately.
That's great advice. I'll definitely keep detailed records of everything. Really appreciate all the help everyone's given me here.
Since the overpayment happened in 2023, you should also check if you qualify for an overpayment waiver based on equity and good conscience. The criteria changed slightly in recent years, and ESD now has more flexibility to waive overpayments in certain situations. To request a waiver, you'll need to complete ESD's financial statement form and show that repayment would cause significant financial hardship. Success with waivers varies, but it's worth trying if your overpayment wasn't due to fraud or misrepresentation. At minimum, I'd recommend asking for the lowest possible repayment rate based on your financial situation. Having some income while job searching is better than none.
They NEVER approve those waivers!!! I filled out all the paperwork showing I could barely afford food and they still denied me. The whole system is rigged against us!!
They do approve waivers, but the standards are strict. Generally, they look for cases where: 1) The overpayment wasn't your fault, 2) You received the money in good faith, and 3) Repayment would cause extreme financial hardship. Success rates are higher for administrative errors versus claimant mistakes.
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wow so many people dealing with this same issue! what is wrong with companies these days??!! i'm currently fighting with my old job about 120 hours of overtime they won't pay me for. it's been 2 months and they keep
Overtime violations are actually one of L&I's priorities right now. Make sure you document exactly which hours were overtime (over 40 in a workweek), as the penalties for unpaid overtime can be higher than regular wage violations. The statute of limitations is also 3 years, so you have time to pursue this.
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Anyone else think it's super weird they're making OP train their replacement when they're letting them go for medical reasons? Like, if they can't do an essential job duty because of a medical condition, how are they supposed to train someone else to do it? This whole thing sounds fishy to me.
EXACTLY!!! This sounds like the employer is trying to manipulate the situation! They probably want to claim it was a medical separation for their own liability reasons but are trying to squeeze every last bit of work out of OP before letting them go. Classic corporate exploitation tactic!
That's a good observation. It depends on the situation - it's possible OP can explain how to do the task even if they can't physically perform it themselves. But if there's inconsistency in the employer's reasoning, documenting that could be important if there's ever a dispute about the nature of the separation.
Update for 2025: Just to clarify current ESD practices, when they evaluate a claim where someone quit after being told they would be laid off, they look at several factors: 1. Was there a definite layoff date communicated? 2. Was the reason for the upcoming layoff documented? 3. How long was the employee expected to continue working? 4. Was the work environment hostile or did conditions deteriorate? If you can document that you were told you'd be laid off for medical reasons, but they refused to give you an end date and expected you to continue indefinitely, you might have a case for "good cause" to quit. However, each case is evaluated individually, and having the official layoff on record is always the most straightforward path to benefits.
Thank you for this updated information. I had a meeting with my manager today and asked for a specific end date. They said they expect the hiring process to take "4-6 weeks" but wouldn't commit to an exact date. I got this in an email, so at least I have some documentation of a general timeframe. I think I'll try to stick it out since that's not indefinite, but it's good to know what factors ESD considers if things change.
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why are these government systems so awful?? in what universe should it be THIS HARD to fix a simple typo? ridiculous that you have to jump through all these hoops for something so basic. and of course they make it impossible to reach anyone...
for real!! the whole system is designed to make ppl give up i swear
One more important thing - when you do reach an agent, ask them to place a note on your account about the SSN correction. Then request they email you confirmation that the change has been made. This creates another layer of documentation. Also, if you're planning to call tomorrow, try right at 8:00 AM when the phone lines open. That's typically when you have the best chance of getting through.
Thank you! I'll definitely request email confirmation. I've set my alarm for 7:55am tomorrow to try calling right when they open.
ElectricDreamer
One important thing to note: "just cause" in the employer's mind doesn't necessarily equal "misconduct" in ESD's determination. This is actually good news for you. Under Washington unemployment law, simple attendance issues typically don't rise to the level of misconduct unless they involve deliberate violation of known policies after warnings. If your absences were for medical reasons, even if your employer didn't accept them at the time, ESD likely will. This is why thorough documentation is so crucial. When the adjudicator reviews your case, they're looking at whether your actions meet the legal definition of misconduct, not whether your employer felt justified in firing you. In the meantime, have you contacted your local WorkSource office? They sometimes can help with emergency resources while you're waiting for unemployment benefits.
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Dmitry Smirnov
•That's really helpful context, thank you. I've had a pit in my stomach thinking ESD would automatically side with my employer. I haven't contacted WorkSource yet - I'll do that tomorrow. At this point I need all the help I can get.
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Ava Johnson
btw did u appeal ur termination with ur company before filing for unemployment? that can speed things up somtimes cuz it shows u tried to resolve it first
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Dmitry Smirnov
•I did attempt to appeal through HR but was told the decision was final. I have the email correspondence showing I tried though - should I upload that to my eServices account too?
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Yara Abboud
•Yes, absolutely upload that email correspondence to your eServices account. Any documentation showing you attempted to resolve the situation through proper channels helps demonstrate good faith on your part.
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