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!

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.

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!!!!!

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.

I tried appealing without a lawyer and lost. My situation was different (attendance issues) but the whole process was confusing and intimidating. If you can get a free consultation with an unemployment attorney, might be worth it. Some will take cases on contingency if they think you have a good chance of winning. Just my 2 cents.

One thing to add that others haven't mentioned: once you request the appeal, start preparing a written statement. The judge will ask you to explain your side first. Having a clear, chronological explanation prepared will make a huge difference. Also, the legal definition of misconduct for unemployment in Washington is very specific - it's not the same as what an employer might consider grounds for firing. The employer must prove: 1. Your actions were deliberate violations of policies 2. Your behavior was not an error in judgment or ordinary negligence 3. Your actions harmed their business interests Since this was about changes to inventory procedures without proper training, you have an excellent chance of winning. Just be organized and factual in your presentation. Good luck!

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.

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!!

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.

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