Update: I submitted my waiver request yesterday with TONS of documentation. I included a very detailed explanation of how I misunderstood the reporting requirements during the pandemic and provided bank statements showing I have less than $500 to my name right now. Fingers crossed! Thanks everyone for the advice and I'll post again when I hear back from ESD.

I'm dealing with a similar overpayment situation ($3,400 from 2020) and just want to add a few things that helped me when I submitted my waiver last week. Along with all the financial documents everyone mentioned, I also included screenshots of the actual weekly claim questions from 2020 to show how confusing the wording was. I found old screenshots on my phone from when I was asking friends for help understanding what "available for work" meant during lockdowns. Also, if you have any emails or texts from that time period showing you were genuinely confused about the requirements, include those too. The more you can prove it was an honest mistake during an unprecedented situation, the better. The pandemic created so much confusion for everyone - ESD knows this and that's why they're being more lenient with waivers from that period.

Just wanted to add that the hearing will probably be conducted by phone due to the backlog ESD is experiencing. Make sure you're in a quiet place with good reception and have all your documents laid out in front of you. If you have trouble getting connected or get disconnected during the call, contact the Office of Administrative Hearings immediately - don't wait for them to call you back! I learned this the hard way.

I've been through this exact situation and won my appeal last year after being wrongfully classified for "misconduct" when it was actually a layoff. Here are some key things that helped me succeed: **Document everything NOW:** Print out any company-wide emails about restructuring, your job description, org charts showing department changes, anything that proves the business reason for the layoffs. **Witness testimony is crucial:** If your coworker can testify (even by phone), that's extremely valuable. Written statements help, but live testimony carries more weight. **Question their timeline:** If they claim performance issues, ask why you weren't put on a performance improvement plan, why no progressive discipline occurred, and why positive feedback was given so close to termination. **Stay factual:** Stick to chronological facts and avoid emotional language, even though this situation is incredibly stressful. The fact that you have commendation emails just 3 weeks before termination AND 4 other people were laid off simultaneously is actually a very strong case. Those are exactly the kind of facts that contradict a misconduct claim. One more tip: If they're claiming undocumented performance issues, ask the judge to note that proper HR procedures weren't followed for progressive discipline. Employers are expected to follow their own policies. You've got this! The evidence you've described puts you in a much better position than many people who appeal.

I know someone who lost at OAH but won at Commissioner Review. Took forever tho like 5 months but they got all back benefits + interest. Make sure u meet that 30 day deadline no matter what!!!

I went through the Commissioner's Review process about 8 months ago after losing my OAH hearing for a different reason. The key thing that helped me was organizing everything chronologically and creating a clear timeline of what happened vs what the ALJ found. I also made a simple chart comparing the actual legal requirements to what the judge said I needed to prove - turned out they were requiring things not actually in the law. The whole process took about 4.5 months but I did get a favorable decision. My advice: don't just argue that you disagree with the outcome, focus on showing where the ALJ got the law wrong or ignored evidence you presented. And definitely get that transcript ASAP because you'll need to cite specific page numbers when pointing out errors. Good luck! The 30-day deadline is firm so don't wait too long to file even if your appeal isn't perfect.

anyone notice how the site ALWAYS says maintenance is scheduled for sunday nights but they NEVER actually post when exactly? like maybe don't do system updates during peak filing times?? just saying...

I had the exact same issue tonight! Took me over an hour to finally get through. The system kept timing out right when I'd get to the last page. What worked for me was switching from Chrome to Firefox and filing in private/incognito mode like someone mentioned earlier. Also had to turn off my ad blocker - apparently that was interfering with some of the form elements. It's ridiculous that we have to troubleshoot this much just to file a basic weekly claim. Really hope ESD invests in better infrastructure soon because this happens way too often on Sunday nights.

Based on everything you've shared, you definitely qualify for Washington ESD unemployment benefits. 8 months of consistent work, involuntary layoff, and earnings well above the minimum thresholds. File your claim today and don't stress about it. The system works for straightforward cases like yours.

You'll definitely qualify! I went through the same process a few months ago after being laid off from my office job. With $28k in earnings over 8 months and an involuntary layoff, you meet all the requirements. Just a heads up - make sure you file your weekly claims exactly on your assigned day once you're approved. I missed filing one week by accident and it created a whole mess that took weeks to sort out. The Washington ESD system is pretty strict about timing, but as long as you stay on top of it, you should be fine. Good luck!