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After I reported identity theft to ESD, it took about 5 weeks to fully resolve. They'll eventually send you an affidavit to complete. Make sure you keep following up regularly and check your ESD account daily for any updates or required actions. The fraud department moves slowly but they do eventually resolve it.
I'm glad to see you're taking this seriously. One additional tip: create a detailed journal documenting EVERYTHING related to this issue. Every phone call (date/time/who you spoke with/what was discussed), every form submitted, every change to your ESD account status. This documentation will be invaluable if there are any disputes about when you reported the fraud. ESD can sometimes hold victims partially responsible if they determine you didn't report promptly enough.
That's a great idea. I've started a document tracking everything, including screenshots of the fraudulent claim in my account. I finally managed to speak with someone at ESD today using that Claimyr service - they've flagged my account and are sending me the fraud affidavit forms. Will keep documenting everything throughout the process. Thanks everyone for your help!
My husband just went through this whole process in December. For his January-filed claim, they looked at October 2023 through September 2024 for the standard base year. When he couldn't qualify with that (he had been in school part of that time), they automatically checked the alternate base year which was January 2024 through December 2024. He qualified under that one. The determination letter will tell you which calculation they used.
To answer your question about the appeal - yes, there is a specific appeal process. You can file an appeal online through your eServices account by selecting the "Appeals" option. Make sure to upload copies of your paystubs or any documentation showing your correct hours. Appeals must be filed within 30 days of the date on your determination letter. If you call ESD, ask them specifically about the hours calculation and which quarters they used. If some of your hours are missing, they can help identify where the discrepancy is coming from.
i had a friend who went thru this. she said the most important thing is KEEP DOING YOUR JOB SEARCHES while you wait!!! and document everything super carefully. if u win ur hearing u can get all the back pay but only if u did all the job search stuff every week
anyone else notice how they always deny valid claims hoping people will just give up? my sister and 5 other people from her company all got denied for the exact same bogus reason, only 2 of them fought through the whole appeal and petition process and BOTH won eventually. system is rigged
YES!! This is exactly what I think too! They count on people giving up because the process is so long and complicated. I almost gave up twice during my appeal.
While the process can certainly be frustrating, ESD decisions are based on the information available at the time. The appeal and petition process exists specifically to correct decisions that may have been made with incomplete information. If you believe a decision is incorrect, it's always worth pursuing through the proper channels.
when i had my appeal last year the judge let me submit new evidence at the hearing that i didnt include with my original appeal letter. so if you remember anything else helpful later you can still use it. also keep applying for jobs and document all that cuz they might ask about your job search during appeal too
yep this is super important!!! u gotta keep doing those 3 job search activities every week and logging them even during appeal or they can deny u for that reason even if u win the misconduct thing
One more thing I forgot to mention - if your appeal is denied, you can appeal AGAIN to the Commissioner's Review Office. I had to do this because I lost my first appeal, but won on the second level review. So even if the first appeal goes against you, don't give up! The higher level review often reverses decisions.
I didn't know there was a second level of appeal! That's good to know. I'm really hoping to win on the first try though because I can't go much longer without income. Did you have to wait a long time between the first and second appeals?
Ravi Sharma
wait im confused... did u actually keep working after the system wouldn't let u submit timesheets? or did u stop working when u saw that? cuz that affects what kind of claim u should file
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Oliver Zimmermann
•Yes, I kept working because they never told me to stop! I was caring for vulnerable clients who needed daily assistance, and my supervisor kept assigning me shifts through our regular scheduling app. I just couldn't submit my timesheet for payment, but was told to "keep track of hours" while they sorted out the background check. They clearly expected me to work during this time, just decided after the fact not to pay me.
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Malik Johnson
Based on your additional details, this is an even clearer wage theft case. The fact that they continued scheduling you through their app is strong evidence that they authorized and expected the work to be performed. Make sure to include screenshots of your schedule in the app when filing with L&I. Regarding emergency assistance while you wait: apply for expedited food benefits through DSHS (can be approved in 7 days), contact 211 for emergency rent assistance programs in your area, and check with St. Vincent de Paul and other local charities that sometimes provide emergency funds. Your situation would qualify as an emergency hardship with many assistance programs.
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Oliver Zimmermann
•Thank you so much for all this information. I just filed my L&I complaint online and included screenshots of everything including the scheduling app. I'll call 211 today about emergency rent assistance. This community has been so helpful - I felt completely lost before posting here.
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