Can you go to jail for unemployment fraud in Washington ESD cases?

Thank you for the straight answer. The amount they're looking at is probably around $2,800 so that puts me over the felony threshold. I'm getting a lawyer but this is terrifying.

Don't panic yet. Even above $1,500 they usually offer settlement options for first-time cases. Cooperation goes a long way.

How did you finally get to talk to someone? I've been calling for weeks and can't get through.

I actually used this service called Claimyr that got me through to an actual Washington ESD agent. Found it at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ. Saved me hours of calling and I could finally explain my situation properly.

Never heard of that but sounds useful. The phone system is impossible.

This is right. I work in legal aid and see these cases. Intent matters a lot in how they handle it.

That gives me some hope. I wasn't trying to scam anyone, just got confused about the reporting rules.

Yikes that's a lot of money. Was he able to set up a payment plan at least?

yeah they let him pay monthly but it took forever to clear

They can also garnish wages in some cases. Washington ESD has pretty strong collection powers.

Great, more things to worry about. I really hope I can get this resolved without it going that far.

I kept all my paperwork and job search logs. Hopefully that shows I was trying to follow the rules.

That's exactly the kind of documentation that helps. Shows you weren't just ignoring the requirements.

This is why getting legal help early is important. A lawyer can help you document that any errors were unintentional.

Already contacted a lawyer. Expensive but probably worth it given what's at stake.

That's reassuring to hear. The letter definitely makes it sound like they're coming after me with everything they've got.

Yeah they use scary legal language but most people just end up with repayment plans. Hang in there.

Definitely not ignoring it. Scary as it is, I know I need to deal with it head on.

Good attitude. Cooperation usually leads to better outcomes in these cases.

Good to know they're reasonable. I've been dreading having to talk to them.

If you need help getting through to them, that Claimyr service I mentioned earlier works for fraud investigations too. Much easier than spending all day calling.

This is my first time ever having any issues with unemployment benefits, so hopefully that works in my favor.

It should. First-time cases with cooperation usually get handled through civil process rather than criminal.

Wouldn't dream of making it worse. Just want to get through this as cleanly as possible.

Smart approach. Honesty and cooperation are your best tools here.

That's a great idea. I'm going to put together a timeline this weekend so I'm prepared.

It really helps. Shows you're taking it seriously and makes it easier to explain your side clearly.

Sorry you're going through this too. It's definitely stressful but the responses here have made me feel less panicked about it.

same here. still nervous but not thinking im going to prison anymore lol

Both of you should consider using that Claimyr service to talk to investigators directly. Really helps to be able to explain your situations properly instead of just waiting and wondering.

Thank you everyone for all the advice and sharing your experiences. I feel much better prepared to handle this now.

Good luck with your case. Sounds like you're approaching it the right way.

This is really helpful advice, especially about documenting any confusion you had about the rules. I wish I had thought to save emails or screenshots when I was filing my claims. Did you use a lawyer or handle the investigation yourself? I'm trying to decide if the legal fees are worth it for my situation.

I handled it myself initially but ended up getting a lawyer when the investigation dragged on for 8 months. The lawyer was expensive ($2,500) but worth it because they knew exactly how to present my case to show the mistakes were unintentional. If your potential overpayment is under $3,000 and you have good documentation, you might be able to handle it solo. But if it's more complex or involves larger amounts, legal help can make a big difference in the outcome. The lawyer also helped me understand my appeal rights, which I wouldn't have known about otherwise.

Thanks for sharing such detailed advice! I'm dealing with a similar situation and your point about calculating my own estimate is smart - I hadn't thought of that. Did you find the Washington ESD investigators were willing to work with you on payment plans once they determined the overpayment amount? I'm worried about having to pay everything back at once if they find I owe money.

Yes, Washington ESD was pretty reasonable about payment plans in my case. They offered several options - I could pay the full amount immediately for a slight reduction in penalties, set up monthly payments over 12-24 months, or in some cases they'll accept a lump sum settlement for less than the full amount if you can show financial hardship. The key is don't wait for them to send you to collections - reach out proactively once you get the final determination letter. They're much more willing to work with you if you initiate the conversation about repayment rather than ignoring their notices. I ended up on a 18-month payment plan at $150/month which was manageable for my budget.

Really appreciate all the detailed info! I'm in a similar situation and your advice about documenting confusion is spot on. I actually did save some screenshots of the ESD website where the work reporting instructions seemed contradictory, so hopefully that will help my case. Quick question - when you calculated your own estimate of overpayment, did you include the penalty percentages or just the base amount? Trying to figure out what I might be looking at financially so I can plan ahead.

When I calculated my estimate, I included both the base overpayment amount and the penalty percentages to get a realistic picture of what I'd owe. Washington ESD typically adds a 15% penalty for non-fraud overpayments and 50% for fraud determinations, plus interest that accrues over time. I made a simple spreadsheet with each week in question, the benefit amount I received, what I should have received (if anything), and then added the penalty percentage. It wasn't perfect but got me pretty close to their final number. Having that estimate ready actually impressed the investigator because it showed I was taking responsibility and understood the financial impact. Those screenshots you saved of the contradictory website instructions could be really valuable - that's exactly the kind of evidence that helped my case get reclassified from potential fraud to overpayment.

This is incredibly thorough and helpful - thank you for breaking down the calculation method! I'm going to create that spreadsheet this weekend. One more question if you don't mind - when you presented your evidence of confusion about the website instructions, did you submit that documentation proactively during the investigation or wait until they asked for it? I want to make sure I'm being appropriately cooperative without overwhelming them with paperwork they didn't request.

I submitted my documentation proactively about halfway through the investigation process. I waited until I had my initial phone interview with the investigator, then sent a follow-up email with all my supporting evidence - including those website screenshots, any correspondence I'd had with ESD, and my own timeline of events. The investigator actually thanked me for being so organized and said it made their job much easier. I'd recommend being proactive but strategic about timing - don't dump everything on them immediately, but don't wait until the very end either. Send it after you've had some initial contact so they understand the context of what you're providing.

This whole thread has been incredibly helpful for someone like me who just received their investigation letter this week. Your systematic approach to documentation and being proactive really stands out. I'm curious about the timeline - you mentioned your investigation took 8 months, which seems like a long time to be in limbo. Did you have any communication from Washington ESD during those months, or was it mostly radio silence until they made their final determination? I'm trying to set realistic expectations for how long this process might drag on.

The 8-month timeline was definitely frustrating, but there was some communication throughout the process. After my initial phone interview, I heard back every 6-8 weeks with status updates or requests for additional information. The long delay was partly because they were reviewing multiple years of claims and partly because of their general backlog. I'd suggest following up every month or so if you haven't heard anything - not to be pushy, but just to confirm your case is still moving forward. The waiting is honestly the worst part because you can't plan financially until you know the outcome. But in retrospect, the thorough investigation actually worked in my favor because it gave me time to gather all my documentation and present a complete picture of what happened.