Washington Unemployment

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ESD demanding $22,500 repayment for approved COVID-era benefits after school employment dispute

I'm in a total nightmare with ESD right now. They're demanding I repay around $22,500 in benefits from COVID times when schools were closed. I've worked in education for years and here's what happened: When schools started reopening in 2020, my original school was extremely vague about my position. I kept asking HR what my job would look like when they reopened, but got nothing concrete. Meanwhile, I was juggling childcare issues (my daycare had multiple COVID exposures) and family health concerns. I ended up accepting a position at another school district where I'd worked before. There was maybe a 10-day gap between these jobs. I was fully transparent with ESD about everything! Fast forward to last year, and suddenly ESD claims I voluntarily quit my first school job (not laid off due to COVID). They had a hearing where the HR rep from my first school district COMPLETELY LIED about the circumstances. I provided screenshots of texts and emails proving I was given no clear return option, but the judge basically said "schools don't lie" and sided with them. The ridiculous part is that most of my benefits were from when schools were completely CLOSED, and the rest were from when I was part-time at the second district before being laid off when my assigned student moved away. I eventually returned to full-time work as soon as schools fully reopened. I worked with an unemployment law attorney who was shocked that I'm being asked to repay ALL benefits when only a week or two could possibly be disputed from that first school transition. I filed for a waiver because I followed EVERY rule, called ESD whenever I was unsure about anything, and did nothing unethical. I was finally getting back on my feet financially after the pandemic chaos, and now this bomb drops. Anyone successfully fight an overpayment case against ESD when a former employer lied? How detailed do I need to be in my waiver request?

i dont understand why ESD is doing this to so many people years later!!! its like they gave us the money when we needed it then changed the rules after the fact. my cousin had to set up a payment plan for $15,000 even though she did everything right. the system is broken!!!!!

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its because of all the fraud during covid. they got burned by scammers so now there punishing everyone even people who followed the rules. same old story, regular people pay the price while the real fraudsters got away with millions.

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One important detail to add about your waiver request: make sure you explain that you relied on the benefits in good faith and have already spent the money on necessary living expenses. The financial equity waiver is particularly strong when you can demonstrate that: 1. You had no reason to believe you were receiving benefits incorrectly 2. You used the money for basic needs, not luxury items 3. Repayment would cause significant financial hardship now 4. You've made efforts to resolve the situation Be very specific about your current financial situation - include your monthly income and expenses, any savings you have, and any debts or other financial obligations. The more concrete your hardship description, the stronger your case. Also, don't be discouraged if your initial waiver is denied. Many people succeed on appeal or reconsideration.

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This is incredibly helpful. I've been focusing so much on proving I didn't do anything wrong that I wasn't thinking enough about the financial hardship aspect. We're definitely in a tough spot financially - just paid for some major home repairs that depleted our savings, and we're still catching up on medical bills from last year. I'll make sure to detail all of this in the waiver request.

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Just wanted to add my experience - I had my overpayment waived last year and got back the money I'd paid, but completely forgot about two weeks that never got paid during the investigation. When I realized it months later and called about it, they told me it was too late to claim those weeks. Apparently there's some time limit (I think 30 days?) after your eligibility is confirmed to request those unpaid weeks. So definitely don't wait to contact them!

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Oh no! That's scary - I definitely need to deal with this ASAP then. Thanks for the warning!

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One more suggestion - when you do get through to ESD, ask for a claims specialist who is familiar with overpayment waivers and redeterminations. Not all agents are equally knowledgeable about this specific situation. If the first person you speak with seems unsure, politely ask to be transferred to someone who specializes in post-waiver claims processing. Also, if you run into resistance, mention RCW 50.20.190, which is the Washington state law governing unemployment overpayments and waivers. The fact that your waiver was approved establishes that you were eligible for benefits during that period, which should apply to all weeks during your eligible period.

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That's great advice, thank you! I'll definitely ask for a specialist and make note of that RCW number. Hoping this doesn't turn into another months-long battle.

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One more important tip: While waiting for your appeal hearing, make sure you're actively seeking work and documenting your job search activities (minimum 3 per week). Even though your claim is denied and under appeal, you'll need to show you've been meeting all requirements during this time if you want to receive backpay for these weeks once you win your appeal.

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Thank you everyone for all this helpful information! I feel much better knowing what to expect now. I'll keep an eye on my mail, continue filing my weekly claims, and start gathering all my evidence to be prepared for the hearing. Really appreciate all of you taking the time to share your experiences!

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One additional recommendation: Keep a copy of your response and any documentation you send to ESD. Take a photo or make a photocopy before mailing. If you can submit online through your eServices account, that's even better as it creates an electronic record. Having documentation of your timely response can be crucial if there's any follow-up required.

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Great suggestion - I'll definitely make copies of everything before sending it in. I don't see an option to upload this form online, so I'll need to mail it, but having copies makes a lot of sense.

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update us after u hear back! curious what happens cuz i might be going out of town next month too

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Will do! I'm mailing my response tomorrow, so hopefully I'll know something in a couple of weeks.

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Update on tax refund protection: I should clarify that Form 8379 (Injured Spouse) only works if the overpayment is only in your husband's name and you file jointly. The form protects your portion of the refund, not his. Another option is to request a Payment Trace from ESD confirming you have an active appeal. With documentation of an active appeal, you can sometimes prevent the tax intercept until the appeal is resolved. One thing that hasn't been mentioned: check if your husband received any communication from ID.me (the third-party verification service ESD uses). Sometimes the verification needs to happen through their system, not just by uploading documents to ESD directly.

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He never received anything from ID.me that I'm aware of. Our only communications have been through the ESD portal. I'll check our spam folders though just in case. Thanks for the clarification about Form 8379!

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my cousin had this exact issue last year and what fixed it was going in PERSON to a WorkSource office with all his ID docs. took 3 hours of waiting but he got someone to actually look at his stuff and fix it in the system. not all WorkSource offices can help with claims but some can!!

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I didn't realize going to WorkSource was an option! There's one about 30 minutes from us. That might be worth trying if we can't get through by phone. Thanks for the suggestion!

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