


Ask the community...
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.
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.
One more thing to prepare for: when you reopen your claim, ESD will contact your most recent employer to verify your work separation reason. Since you're transitioning from FMLA to unemployment, make sure you're clear about why you can't return to your previous position. If you voluntarily chose not to return without medical necessity, it could potentially disqualify you. But if you have medical documentation showing you cannot return to that specific job but can work elsewhere, you should be covered.
This is a good point. My employer actually eliminated my position while I was on FMLA (they were going through layoffs). They offered me a different position with significantly reduced hours that I couldn't accept due to my medical restrictions. I should probably document all of this when I reopen the claim, right?
Absolutely document all of that! That's a completely different scenario and actually strengthens your case for unemployment eligibility. Make sure to upload any documentation showing the elimination of your position and the offered alternative that didn't accommodate your medical needs. This is exactly the kind of detail ESD needs to process your claim correctly.
ppl are making this way more complicated then it is lol!! just reopen ur claim, check the box that says u were on medical leave, provide the dates, done! ive done this twice no problems
Another option is to visit your local WorkSource office in person. They can't fix your claim directly, but they have special contact channels to ESD that the public doesn't. I was stuck in a similar situation last year and the WorkSource staff were able to get an ESD specialist to call me back within 48 hours.
Update: I tried both the governor's complaint form AND calling OAH this morning. OAH was actually really helpful - the person I spoke with said they're seeing this issue a lot lately. They're sending me a paper appeal form and said I should include a written statement explaining why my appeal is late, with all the documentation of my attempts to contact ESD. They said as long as I can show I made reasonable efforts to resolve it with ESD first, they'll likely grant the good cause exception. Feeling a bit more hopeful now!
That's excellent news! Make sure your statement is detailed but concise, focusing on: 1. The date you discovered you were denied 2. Each specific attempt to contact ESD (dates, methods) 3. The lack of determination letter in your eServices account 4. Any financial hardship the delay has caused If you have your determination number or can see the denial status in your account (even without the letter), include a screenshot of that as well. The good cause hearing is usually scheduled relatively quickly.
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.
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
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?
NebulaNinja
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...
0 coins
Zoe Papanikolaou
•for real!! the whole system is designed to make ppl give up i swear
0 coins
QuantumQuasar
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.
0 coins
Andre Dupont
•Thank you! I'll definitely request email confirmation. I've set my alarm for 7:55am tomorrow to try calling right when they open.
0 coins