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Amina Diallo

Can you go to jail for claiming Washington ESD unemployment while working - scared about consequences

I'm really freaking out right now. I've been collecting unemployment for about 6 weeks and I picked up some part-time work about 3 weeks ago. I didn't report it on my weekly claims because I wasn't sure how and I was afraid they'd cut me off completely. Now I'm reading online that this could be fraud and people can go to JAIL for this? I made maybe $800 total over those 3 weeks. I know I messed up but I was just trying to survive. What happens now? Can Washington ESD actually send you to prison for this? I'm having panic attacks thinking about this.

Take a deep breath. While unemployment fraud is serious, going to jail is typically reserved for major cases involving thousands of dollars or organized schemes. For your situation, you're looking at potential overpayment penalties and maybe having to pay back benefits. The key is to contact Washington ESD immediately and report the income voluntarily.

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How do I even get through to them though? I've been trying to call for days and just get busy signals or disconnected.

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The phone system is definitely overloaded. You might want to try the online messaging system through your SecureAccess account, or keep trying early morning calls around 7-8am when they open.

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honestly this happened to my cousin last year. she owed like $1200 back but no jail time or anything crazy. they set up a payment plan. the main thing is dont ignore it and hope it goes away

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That's somewhat reassuring. Did she have to pay any penalties on top of paying it back?

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yeah there were some penalty fees but not huge. maybe like 15% extra or something? she said the worst part was just the stress of dealing with it

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I actually had success getting through to Washington ESD using a service called Claimyr. It's at claimyr.com and they basically call for you and get you connected to an actual agent. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. In your situation, talking to someone directly would probably be the fastest way to sort this out voluntarily.

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Is this legit? I'm so desperate at this point I'll try anything but I don't want to get scammed on top of everything else.

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Yeah it's legitimate. I was skeptical too but it actually worked. They don't ask for your personal info or anything sketchy - they just handle the calling part and transfer you when they get through.

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I used this too when I had an adjudication issue. Saved me literally hours of redialing. Definitely worth checking out the demo video first.

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The Washington ESD manual says criminal prosecution is reserved for cases involving willful fraud, typically over $1,500, or cases where someone creates fake identities or forged documents. Your situation sounds more like a mistake/confusion rather than intentional fraud. Still, you need to fix this ASAP.

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Where can I find this manual? I want to read exactly what it says about penalties.

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It's in the Washington ESD handbook on their website. Look for the section on overpayments and fraud. But honestly, calling them directly is going to give you better info for your specific case.

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Why are you panicking?? Just call them and explain. They deal with this stuff every day. Most people who get in trouble are the ones who try to hide it or lie when they get caught.

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Easy for you to say. I've never dealt with anything like this before and all the websites make it sound like they throw the book at everyone.

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Fair enough, I get why you're stressed. But seriously, being proactive about fixing it is way better than waiting for them to discover it during an audit.

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The system is SO messed up. They make it confusing on purpose and then act like you're a criminal when you make a mistake. I had to pay back $900 last year for a similar situation and the whole process was a nightmare.

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What was the process like? Did you have to go to any hearings or anything?

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No hearings for me since I paid it back voluntarily. Just a lot of paperwork and phone calls. The hardest part was actually getting through to talk to someone.

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This is exactly why I used that Claimyr thing someone mentioned earlier. The regular phone system is impossible.

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You should report the income immediately through your online account if possible. Go to your weekly claim history and see if there's an option to modify past claims. If not, document everything and call.

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I looked but I don't see any way to modify past weekly claims online. It just shows them as submitted and paid.

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Then calling is your only option. Make sure you have all your pay stubs and exact dates/amounts ready when you talk to them.

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jail time is super rare for unemployment stuff unless you're talking like organized crime level fraud. my brother works at Washington ESD and he says most cases are just overpayment recovery

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That's reassuring to hear from someone who actually works there. Does he say what the typical penalties are for something like my situation?

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usually just paying back what you weren't supposed to get plus some penalty percentage. the key thing is being honest when you report it

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I'm going through something similar but with standby status. The rules are so confusing and they don't explain anything clearly. At least you're trying to fix it now instead of hoping they don't notice.

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What's standby status? Is that different from regular unemployment?

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It's when you're temporarily laid off but expected to return to work. Different rules about job searching and reporting income.

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Document everything from this point forward. Keep records of when you try to call, what you report, any correspondence. If this does go to an appeal or hearing, having good documentation helps a lot.

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Good point. I should probably write down exactly what happened and when before I forget details.

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Exactly. Include dates, amounts, why you didn't report initially, and when you realized you needed to fix it. Shows good faith effort.

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Honestly the Washington ESD phone system is such garbage. I spent 40+ hours trying to get through about an adjudication issue. Ended up using that Claimyr service someone mentioned and got connected in like 20 minutes. Wish I'd known about it sooner.

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40+ hours?? That's insane. How much did the Claimyr thing cost you?

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Worth every penny compared to the time I wasted. Plus I actually got my issue resolved instead of just getting hung up on over and over.

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The key is voluntary disclosure. When you proactively report the error yourself, they typically treat it much more leniently than if they discover it during an audit or investigation.

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How do I make sure they understand it was an honest mistake and not intentional fraud?

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Be completely honest about the timeline, explain why you didn't report initially (confusion, not fraud), and show you're trying to fix it as soon as you realized the problem.

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this is why i hate the whole system. they make it impossible to reach anyone and then punish you for not being able to get help when you need it

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I feel the same way. It's like they set you up to fail and then blame you for failing.

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The system definitely needs major improvements. But right now OP needs to focus on fixing their specific situation.

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Stop panicking and take action. Call first thing Monday morning, have your information ready, and be honest about what happened. Most Washington ESD staff are reasonable if you're upfront with them.

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You're right, I need to stop spiraling and just deal with it. Thanks for the reality check.

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You've got this. The fact that you're worried about doing the right thing shows you're not trying to scam anyone.

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Make sure you understand the difference between fraud and overpayment. Fraud requires intent to deceive. Overpayment can happen due to mistakes or misunderstanding. Your situation sounds like the latter.

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That's a really important distinction I didn't know about. So they have to prove I intended to deceive them for it to be fraud?

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Exactly. The fact that you're now trying to fix it voluntarily actually works in your favor to show you didn't have fraudulent intent.

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Whatever you do, don't ignore this hoping it goes away. I know someone who did that and it turned a simple overpayment into a much bigger problem with way higher penalties.

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Definitely not ignoring it. I'm going to try calling first thing Monday and if I can't get through I'll try that Claimyr service.

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Good plan. The sooner you get this sorted, the better. And remember, thousands of people deal with similar issues - you're not the first person this has happened to.

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