I handle payroll for a medium-sized company, and we occasionally have to issue correction payments like this. From the employer side, we typically code these as \

my company just sent a regular check with NOTHING on it explaining what it was for!! so annoying. i had to call HR like 3 times to get them to email me something saying it was back pay!!

I worked for ESD as a claims specialist until 2024, and I can tell you that overpayment issues often happen because of reporting mismatches between what you reported and what your employer reported. Sometimes it's as simple as the dates being off by a day or two. When you call (if you can get through), ask the agent to explain EXACTLY what weeks and amounts they believe you failed to report. Compare that with your records. In about 30% of cases I handled, there was a simple explanation that resolved the issue without a formal appeal.

FINAL UPDATE: I used Claimyr this morning and actually got through to ESD! The agent explained that there was a discrepancy between what I reported and what my employer reported for those 3 weeks. Turns out my employer had reported my hours using the wrong pay period dates. The agent put a temporary hold on collections while they investigate, and I'll be submitting my paystubs and bank statements as evidence. I'm still filing my taxes but feeling much better about the situation. Thanks to everyone for your help and advice!

Thanks everyone for the helpful info! I finally got through to ESD today and they confirmed I can request the alternative base year since I had higher earnings recently. They're recalculating my weekly benefit amount and said it should increase by about $175 per week! That makes a huge difference for me. The quarters system is still confusing but at least there's a way to use more recent earnings when it makes sense.

I tried calling directly for 2 days with no luck - just kept getting the "high call volume" message and disconnects. I ended up using the Claimyr service mentioned above and got through to a real person in about 20 minutes. Worth it for the peace of mind and getting my calculation fixed before bills are due!

One more important tip - when you file the appeal, you'll get an acknowledgment letter that includes instructions for submitting evidence. Follow these exactly! You typically need to submit your evidence at least one week before the hearing date. Also, during the hearing itself, stay calm and stick to the facts. The judge only wants to know the specific circumstances of your separation from employment. In your case, that's simple - you were laid off due to lack of work, and the employer incorrectly reported it as misconduct. I've seen many appeals get unnecessarily complicated because people get emotional or go off on tangents about unrelated workplace issues during their hearing. The more straightforward you keep it, the better your chances.

I CANNOT BELIEVE they keep denying honest hardworking people while scammers get away with MILLIONS!!! The whole system is RIGGED!

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!