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I hate to say this but you might need to talk to a lawyer who specializes in unemployment issues. I know it's expensive, but when you're facing $22k in repayments, it might be worth it. The Legal Aid office sometimes offers free consultations for these cases.
That's a good point. I'm going to try these other suggestions first, but if I can't make progress, I'll look into legal aid. Thanks for the advice.
If you go the appeal route, make sure to clearly explain how you calculated your weekly income from your biweekly payments. The key issue will be whether you properly reported your work hours and earnings each week, even if the actual payment was biweekly. For example, if you earned $1600 biweekly for 80 hours of work, ESD would expect you to report $800 for each week (40 hours). If you reported the full $1600 only on the weeks you received payment, that would trigger an overpayment determination because it would appear you weren't reporting income for the alternate weeks. The good news is that if this was an honest misunderstanding about reporting requirements rather than intentional fraud, you have a much better chance of getting the overpayment reduced or the penalties waived.
That explains a lot. I think this is exactly what happened - I reported income when I actually received my paychecks rather than splitting it weekly. No one ever explained that I needed to calculate it differently. I never intended to misreport anything. Thank you for explaining this!
Ugggghhhh the ESD system is BROKEN BEYOND REPAIR. I went through this exact nightmare scenario in January. Waiting week status for TWENTY-THREE DAYS with zero explanation! When I finally got through to someone they said "oh we needed to verify something with your employer" - THEN WHY DIDN'T YOU TELL ME THAT THREE WEEKS AGO???? The whole system is designed to frustrate people into giving up. They WANT you to abandon your claim. Don't let them win! Keep calling, keep messaging, and document EVERYTHING in case you need to appeal.
While I understand your frustration, I don't think the system is intentionally designed to make people give up. ESD is dealing with thousands of claims with limited staff. The verification processes are important to prevent fraud. That said, they absolutely should improve their communication and let claimants know when something specific is holding up their claim.
UPDATE: I finally got through to someone! Used the Claimyr service mentioned below and got connected to an ESD agent in about 15 minutes. Turns out there was an employer verification issue - my former company hadn't responded to ESD's request for information. The agent submitted an override since it had been more than 10 days with no employer response. She said my payment should process in 48-72 hours. Such a relief! Thanks everyone for your help and suggestions!
That's a common issue - employers have a limited time to respond to ESD inquiries, and if they don't, ESD is supposed to proceed with the claim. Glad you got it resolved! Make sure you continue filing your weekly claims on time while you wait for that payment to process.
Has anyone tried going to WorkSource in person? I heard from a friend that sometimes the WorkSource staff can see what's happening with your claim and might be able to make internal calls to ESD on your behalf. Worth a shot maybe?
This is hit or miss. Some WorkSource offices have dedicated ESD staff who can help, others don't. Call your local WorkSource office first and specifically ask if they have any ESD specialists on site before making the trip. The Vancouver and Tacoma WorkSource offices definitely have ESD staff, but smaller offices may not.
UPDATE: I want to thank everyone for their helpful suggestions! I ended up doing several things: 1) Emailed my state rep with specific details about my claim, 2) Used Claimyr to finally reach an ESD agent who escalated my claim when I explained my financial hardship, and 3) Discovered and completed a hidden task in my online account. Not sure which one did the trick, but my adjudication was completed yesterday and benefits are being deposited tomorrow! Don't give up hope if you're stuck in adjudication - being persistent and trying multiple approaches really does help.
Hey, I just noticed something in your original post - you mentioned this is a 12-week program? Make sure you're aware that after 5 weeks on unemployment, your job search requirements change and you have to be willing to accept work outside your usual occupation or at lower pay (like 90% of previous wages for weeks 5-8, then 80% after that). So if retail jobs that require weekend work become "suitable employment" for you after a few weeks, that gardening program could actually make you unavailable for suitable work by ESD's definition.
That's an excellent point about the expanded job search requirements after 5 weeks. The definition of "suitable work" does broaden over time, which could potentially include positions requiring weekend availability depending on your work history and local job market. This is exactly why documenting your situation with ESD is important - to establish that you understood the requirements and remained in compliance throughout your claim.
Thank you all for the helpful advice! I'm going to try contacting ESD directly to document this situation. Better to be upfront now than deal with problems later. I'll make it clear that I'm primarily looking for work in my field (which is typically M-F) but that I'm willing to accept suitable work even if it means quitting the gardening program. Sounds like being transparent is the safest approach.
Smart decision. Getting everything documented now will save you headaches later. When you do reach out to ESD, make sure to take notes on who you spoke with, the date/time, and what they told you. That documentation can be really valuable if questions come up later about your claim.
Amara Okafor
UPDATE: Finally managed to speak with an ESD agent! Turns out this was exactly what someone mentioned above - they were counting my final paycheck + vacation payout as "unreported earnings" even though I DID report it. The agent found my original reports and has submitted a correction to remove the overpayment completely. She said the system sometimes flags these automatically during audits and human review is needed to fix it. Such a relief! She also said they're sending these waiver emails proactively when their system detects possible errors like this. Thanks everyone for the help and advice!
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Sofia Torres
•That's great news! Make sure you get a confirmation in writing (either email or in your eServices account) that the overpayment has been removed. Screenshot or save it for your records in case this ever comes up again. Glad it worked out!
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Giovanni Colombo
•lucky!! i'm still fighting mine. what number did u finally get through on?
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Dylan Campbell
This happened to my cousin too! He never even knew about an overpayment until he got the waiver email. Turns out they had him confused with someone with a similar name. The whole system is such a mess these days.
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