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!

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!

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!!

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!

have u tried emailing them? sometimes that works better than phones

UPDATE: We finally got through!!! Used the Claimyr service this morning and got connected to an actual human at ESD within 20 minutes. Turns out there was a flag on the account because my husband's employer hadn't responded to ESD's verification request. The agent was able to override it since this is a known seasonal pattern and they can see the history from previous years. Benefits should be deposited within 48 hours! I'm so relieved I could cry. Thank you everyone for your help and suggestions!