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If you don't address an overpayment, ESD has several collection methods they can use: - Garnish up to 25% of your wages - Intercept state and federal tax refunds - Add interest and collection fees (12% per year) - Place liens on property - Pursue collections for up to 10 years It's always better to request a waiver, appeal, or set up a payment plan - even a very small one - to avoid these consequences. Even $5-10 per month payments will often prevent more aggressive collection actions.
I'm in a similar situation but with a smaller amount ($3,200). Got my notice in January and have been putting off dealing with it because I'm terrified. Reading through all these responses is actually giving me hope that there might still be options. I was definitely eligible when I applied - lost my job at a hotel during the lockdowns and genuinely needed the help. Now they're saying something about "incorrect wage base period" which makes no sense to me. Has anyone here had success with overpayments related to wage base period issues specifically? I'm going to start the waiver process this week but want to know if this type of issue is even waiverable. Also, for those who got approved - how long did the whole process take from start to finish? I'm trying to plan financially in case this drags on for months. Thanks to everyone sharing their experiences here. It's scary going through this alone and not knowing what to expect.
One thing to watch out for - if you win a wrongful termination lawsuit later, ESD might come back and say you owe some benefits back if you receive lost wages as part of your settlement/judgment. It's not always the case, but worth keeping in mind so you're not surprised.
Congratulations on your win! That's such a relief after 6 weeks of stress. I'm going through something similar right now - my former employer is claiming I was fired for "performance issues" but I have evidence showing it was really retaliation for filing a workplace discrimination complaint. Your case gives me hope since you had solid documentation (those timestamped texts were smart!). I've been collecting everything I can find - emails, witness contact info, even security footage requests. Quick question - did you represent yourself during the ESD process or did you get help from anyone? I'm worried about messing up my case since I've never done this before. The whole adjudication process seems so formal and intimidating. Also totally agree with others about consulting an employment attorney ASAP. The statute of limitations clock is ticking and you want to strike while the evidence is fresh. Best of luck with whatever you decide!
Thanks for all the great info everyone. This thread answered questions I didn't even know I had about how unemployment funding works!
This is really helpful information! I'm new to the unemployment system and had no idea that employers pay into a shared fund rather than paying benefits directly. It makes me feel less awkward about filing my claim knowing that it's coming from a pool that all employers contribute to, not just my former company's pocket. The insurance analogy someone mentioned really clicked for me too - we're all paying premiums (through our employers) and then accessing benefits when we need them. Thanks for breaking this down so clearly!
For anyone else reading this later - the key takeaway is wait until after your last day of work before filing your initial unemployment claim with Washington ESD. Don't risk the adjudication delays by filing early.
Just wanted to add my experience - I was laid off from Boeing last year and made the mistake of filing 3 days early because I was panicking about getting everything sorted. Big mistake! Washington ESD flagged it immediately and I had to wait 7 weeks for adjudication. The adjudicator told me this is one of the most common errors they see. The rule is crystal clear: you must be unemployed when you file. Even filing on your last day before your shift ends can cause problems. Wait until you're completely done working, then file. Trust me, those extra few days of waiting are nothing compared to weeks of delayed benefits.
Oliver Fischer
Update us on how your claim goes! I'm always curious to hear how smooth the Washington ESD process is for different people.
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AstroAdventurer
•Will do! I'm planning to file online this weekend and I'll let you know how it goes. Thanks everyone for all the helpful advice!
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Gianni Serpent
I went through this exact same worry when I lost my job last year! The anxiety about immigration consequences really got to me, but everyone here is absolutely right - unemployment insurance is completely separate from public charge considerations. The fact that you've been paying into the system through your payroll taxes means you've literally earned these benefits. I ended up filing my Washington ESD claim and had no issues whatsoever. The hardest part was actually getting through their phone system, but the online application worked fine for me. Don't let the fear keep you from getting the financial support you need while job hunting!
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Grace Patel
•Thank you so much for sharing your experience! It's really helpful to hear from someone who went through the exact same situation. I was definitely letting the anxiety get the better of me. Did you have any issues with the weekly claim certifications or job search requirements once you got started with Washington ESD?
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