Can my employer appeal my ESD benefits after I've already been receiving payments?

yep they can still fight it. my boss did this to me last summer, i had been getting payments for like 6 weeks then suddenly got a notice about my employer appealing. pretty sure they have like 30 days from when ESD first contacts them but sometimes ESD is slow to notify them so it can be longer

Your employer has 30 days from when they receive the ESD notice to file an appeal. However, employers sometimes don't check their ESD correspondence promptly, which can delay their response. Even after you've received benefits, your claim can still be challenged and potentially reversed. If your employer successfully appeals, ESD may determine you received benefits you weren't eligible for, creating an overpayment situation. You would be required to repay those funds, though you can request a waiver if repayment would cause financial hardship. Most importantly, document everything related to your layoff - emails, texts from your supervisor about downsizing, any paperwork. If it goes to an appeal hearing, having evidence that clearly shows you were laid off rather than fired for cause will be critical.

this happened to my neighbor and the stress of trying to get thru to ESD was HORRIBLE!!! he spent like 4 days calling and couldnt get anyone on the phone, system kept hanging up on him. ended up using this service called Claimyr that got him through to a real person at ESD in like 20 min. they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 site is claimyr.com if u need it. not sure what it costs but he said totally worth it to actually talk to someone instead of stressing for days

Employers technically have 30 days after receiving notification from ESD to protest a claim. HOWEVER, if they miss that deadline but can show they had "good cause" for being late, ESD might still consider their protest. The protests can be filed after you start receiving benefits, and in fact, many employers don't respond until they see their unemployment tax rate might increase. If your employer wins their appeal, you'll get an overpayment notice and have to repay everything you've received, UNLESS you qualify for an overpayment waiver. The fact that your supervisor texted you about downsizing is EXCELLENT evidence - make sure you preserve that text!

This is why the ESD system is SO BROKEN!!! You did everything right and now they might make you pay everything back?? It's a JOKE. I've seen this happen to 3 different people. The whole system is designed to favor employers. And good luck trying to reach anyone at ESD to explain your situation 🙄 They'll have you on hold for 4 hours then disconnect you. DOCUMENT EVERYTHING and if they try to make you repay, DEFINITELY file for a waiver and appeal!!

To directly answer your question: Washington employers generally have 30 days from when ESD sends them the initial claim notice to protest. However, there are circumstances where this timeline can be extended. If your employer does file a protest and wins, you'd receive a letter from ESD saying you're disqualified and explaining the overpayment. You would have 30 days from that notice to file your own appeal of that decision. Since you have documentary evidence (the text message about downsizing), make sure to save it. In an appeal hearing, the burden of proof is on the employer to show misconduct if they're claiming you were fired for cause. Your text message directly contradicts that and shows you were laid off for business reasons, which should qualify you for benefits. I recommend being proactive - call ESD to check if a protest has been filed rather than waiting for a notice.

Make SURE u save that text from ur boss about downsizing!!! Take screenshots and email them to yourself. When i had my appeal hearing last year the judge was super interested in any written proof. And YES they can definitely still fight it even after u got paid. Its super annoying but thats how it works

One thing nobody mentioned yet - if ur boss is just THREATENING to protest but hasn't actually done it yet, maybe try talking to them? sometimes they dont realize u can see texts saying it was a downsizing. might be worth calling them to point out that u have proof it wasnt for cause and see if theyll back off

Just to follow up on my earlier comment - if your employer does file an appeal and you receive a notice of overpayment, remember you have three options: 1. Pay the full amount 2. Request a payment plan 3. Request an overpayment waiver The waiver is important - ESD can waive repayment if it wasn't your fault AND it would cause financial hardship to repay. Based on what you've shared, you would have a strong case for a waiver if it comes to that. But first, focus on preparing for the possibility of an appeal hearing. With your text evidence showing you were laid off due to downsizing, you have a strong case.