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Quick update on something I forgot to mention - if your employer is going to be at the hearing (sometimes they are, sometimes not), be prepared for them to present their side. In my case, the payroll person from my company attended and actually ended up supporting my position because they realized their reporting to ESD had errors. So don't automatically assume your employer is "against" you in this process.
Thanks everyone for the advice! I've started gathering all my documentation and will submit it by the deadline. One last question - how long after the hearing did you get the decision? The waiting and uncertainty is killing me!
You'll typically receive the judge's written decision within 2-4 weeks after the hearing. The decision will explain the reasoning and your further appeal rights if you disagree with the outcome. If you win, ESD should remove the overpayment from your account within about 10 business days after the decision.
Regarding your earlier question about texts to friends/family as evidence - yes, these can be helpful if they were written contemporaneously with the events. They show you were reporting these issues at the time they occurred, not fabricating them later. Make sure to redact any personal information about your friends/family if you submit these.\n\nAlso, for hostile work environment cases, it's crucial to demonstrate that you brought concerns to management when possible. If you have any documentation showing you reported problems to a supervisor or HR, these will significantly strengthen your case. If you didn't formally report issues, be prepared to explain why (fear of retaliation, no HR department, supervisor was the problem, etc.).
This makes me feel better! I did email my boss about the scheduling issues a couple times, and I have those. I also talked to him in person about the verbal abuse but he just said I was \
just make sure when u fill out that form you really emphasize how this would cause severe financial hardship!!! they look for specific language like 'unable to afford basic necessities' and 'would deplete all savings' and stuff like that. also if you have any medical issues or disabilities mention those too!!
Yeah this is def true. My brother got his waived but only after he specifically mentioned he couldn't afford his heart medication if he had to pay back the unemployment. They want to see that it's not just inconvenient but actually impossible for you to pay.
I really appreciate everyone's help on this! I've submitted both the appeal (just made the 30-day deadline) and the waiver request form with all my financial documentation. I emphasized that I'm on a fixed retirement income, included my monthly expenses, and explained that the overpayment would make it impossible to afford my housing and medications. I also clearly stated that the error was due to ESD putting me on the wrong benefit type, not any mistake on my part. I'll update this thread when I hear back from them. Fingers crossed for a positive outcome!
Excellent! You've done everything right. Now it's a waiting game, which can unfortunately take 4-8 weeks for processing. If you don't hear anything after 30 days, I'd recommend following up through your eServices account message center or using Claimyr to speak with an agent directly for a status update. Best of luck!
congrats on getting your issue fixed! my claim was stuck for like 3 months last year and i wish i knew about calling the governors office. i just kept calling esd over and over again til i finally got someone helpful. what a waste of time
Thanks! And yeah, I wish I'd known about this option weeks ago. I probably spent 30+ hours total just calling ESD over and over. It's ridiculous that we have to go to these lengths to get our legitimate benefits.
WHY isn't this information on the ESD website?? They deliberately hide these options because they DON'T WANT TO PAY US. I've been stuck in adjudication for 7 weeks and my car was already repossessed. I'm calling the Governor's office TOMORROW MORNING!!!
I understand your frustration, but just to set expectations: while contacting the Governor's office can help expedite your claim, it's not an instant fix for everyone. The effectiveness often depends on how long you've been waiting, the complexity of your claim issue, and current ESD workload. It's definitely worth trying, but also continue pursuing other options simultaneously. If you're facing severe financial hardship, also consider contacting your local WorkSource office as they sometimes have emergency assistance programs while your unemployment claim is processing.
Faith Kingston
To add some clarity: When ESD places you in default status after missing a hearing, it means the judge made a decision based only on the evidence in your file, without your testimony. Since you didn't receive benefits and subsequently found employment, there are two distinct considerations: 1. For this specific claim: You don't need to worry about overpayments since you never received money. You should formally withdraw your claim by sending a message through eServices stating you found employment on X date and are withdrawing all pending appeals/claims. 2. For future claims: The default judgment creates a determination in your record. If you ever need to file for unemployment again, you may want to request a copy of that determination so you understand if there were any disqualifying issues noted that might affect future claims. This is really more about record-keeping than any immediate concern.
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Arjun Kurti
•Thank you for breaking it down so clearly! This makes me feel much better. I'll get that message sent through eServices this week and request a copy of the determination just to have for my records.
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Evelyn Kim
One thing to remember is that there's a statute of limitations on these matters too. After a certain period (typically 3 years), ESD can no longer pursue most claims against you. Since you never received benefits, this is more of a technicality, but worth knowing for peace of mind.
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Arjun Kurti
•Oh that's good to know! I'll still follow up with them as suggested, but it helps knowing there's a time limit on how long this could even theoretically be an issue.
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