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Good news - ESD doesn't always take the entire amount at once. By law, they need to leave you with at least 25% of your weekly benefit amount if you can demonstrate financial hardship, which it sounds like you can. So worst case scenario, they'll take 75% of your benefit amount, not the whole thing. Make sure you're very specific about your hardship circumstances in your request form and provide as much documentation as possible. And just to clarify something I've seen confused in other comments: the hardship waiver (where they forgive some/all of the debt) is different from a payment plan. The hardship waiver is much harder to get approved and typically only happens if the overpayment wasn't your fault. Since you mentioned you reported hours incorrectly, they'll likely not approve a waiver but should approve a payment plan.
Thank you for explaining the difference! I definitely caused the overpayment by misreporting my hours, so I'm not expecting a waiver - just hoping for a payment plan. I did include copies of my rental agreement showing my rent is due next week and that it's more than 80% of my weekly benefit amount. Hopefully that's enough documentation.
Final update: Success! I used that Claimyr service and actually got through to someone at ESD this afternoon. They confirmed they received my payment plan request and put a hold on the automatic recovery until they review my documents. The agent said it typically takes 5-7 business days to review payment plan requests but she noted in my file that my next payment is coming up soon. She also confirmed that if approved, they'll only take 25% of my benefits each week instead of the full amount. What a relief! Thanks everyone for your help!
UGH these companies that fight every claim make me so ANGRY!!!! I worked for a place like that - they'd fire people for made up reasons then contest EVERY SINGLE unemployment claim. And ESD just believes whatever garbage employers say!!! Make sure you emphasize that they NEVER warned you about vaping before. In my experience, judges want to see that employers gave warnings before firing for rule violations. Also, if you can get ANY coworker to text or email you confirming others vaped too without getting fired, that's gold!!! Shows they singled you out after your complaint email. Keep fighting!!!! The system is designed to wear you down but DON'T GIVE UP!!!!!
You make an excellent point about the lack of prior warnings. Under Washington's unemployment regulations, even an actual rule violation may not qualify as misconduct if the employee wasn't given proper warning that the behavior could lead to termination. This is especially relevant for policies that aren't consistently enforced.
I filed the appeal yesterday! Hearing is scheduled for next month. I contacted the Unemployment Law Project and have a consultation with them tomorrow. I've been documenting everything and got two former coworkers (who recently quit) willing to provide statements about the work conditions and how management reacted to my email. Feeling cautiously hopeful but still super stressed about money in the meantime.
Update to my earlier comment - one specific thing that helped me with my TB approval was getting a letter from my community college's worker retraining office. They helped document that my field was declining and that my new training path had strong employment prospects. Most community colleges and technical schools have these offices specifically to help with ESD training programs. They know exactly what ESD is looking for in the applications.
UPDATE: Just wanted to let everyone know that I logged in this morning and the status has now changed to "completed"! Looks like it was just a system delay like many of you mentioned. Thanks for all the help and reassurance!
NebulaNomad
this happened to me to. i just started applying for jobs in portland even tho i live in vancouver. never would have taken them but who cares ESD just wants to see the numbers
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Zara Shah
Just to clarify some of the advice here: while expanding your search area is reasonable, be careful about applying for jobs you have absolutely no intention of accepting. If you're offered a position and refuse it without good cause, ESD can disqualify you for benefits. "Good cause" typically means the job is unsuitable for your skills/experience, pays substantially less than your previous work, or would require an unreasonable commute. What constitutes an "unreasonable commute" varies, but generally anything over 1 hour each way might qualify - though ESD evaluates this case-by-case. If you're applying for remote positions or jobs in other cities with the genuine willingness to relocate if offered, that's completely legitimate. I'd suggest focusing on quality rather than quantity in your job search activities. Three meaningful activities each week that actually advance your employment prospects are better than scrambling to hit the number with activities that won't lead anywhere.
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