ESD claims I quit when I was laid off - now demanding repayment of all benefits!
I'm in panic mode right now! I was laid off in December due to 'slow season' at my company and my manager specifically told me I'd be eligible for rehire when things picked back up. Filed for unemployment, got approved with no issues, and received benefits through winter. I recently found a new job (thank goodness) so I stopped filing weekly claims. Then BOOM - got this letter from ESD today saying I owe back EVERYTHING they paid me because apparently my former employer is now claiming I 'quit for personal reasons'?! This is absolutely NOT what happened! I have emails proving I was laid off temporarily due to seasonal slowdown. I literally used that money for rent and bills during a brutal holiday season. There's no way I can repay thousands of $$ that I legitimately qualified for and already spent! I remember seeing something about free legal help for ESD cases in this group. Was it Law Advocates or something? Has anyone successfully fought an employer who changed their story after the fact? Any advice on what evidence I should gather before my appeal hearing? I'm seriously freaking out here.
20 comments
Yuki Tanaka
This is unfortunately common - employers sometimes contest claims after the fact to keep their UI tax rates from increasing. You need to request an appeal IMMEDIATELY - you only have 30 days from the date on that letter. Make sure you gather all evidence: emails about the layoff, any texts discussing return dates, performance reviews showing no issues, etc. The legal service you're thinking of is likely the Unemployment Law Project - they provide free representation for appeals. Their website is unemploymentlawproject.org and they can really help with these cases.
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NeonNova
•Thank you so much! I just checked and my letter is dated May 12, so I've got about 2 weeks left to appeal. I'll start gathering everything today. Quick question - should I also get statements from coworkers who were laid off at the same time? There were 3 others in my department.
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Carmen Diaz
omg the EXACT same thing happened to me in 2025!! my boss laid me off in january saying "business is slow" then when i got benifits he told ESD i quit!! i was so mad i couldnt even think straight. ended up having to pay back like $4200 because i missed the appeal deadline. don't make my mistake!!!
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NeonNova
•Nooo that's terrifying!! Did you miss the deadline because you didn't know about it or just couldn't get everything together in time? I'm so sorry that happened to you. I'm definitely appealing ASAP!
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Andre Laurent
I fought something similar and won. Here's what you MUST do: 1. File your appeal online through your eServices account immediately 2. In the appeal explanation, state FACTS ONLY - when you were informed of layoff, by whom, exact wording used 3. Submit copies of ALL evidence with your appeal (emails, texts, etc.) 4. Prepare a timeline document showing employment dates, layoff notification, benefit claims, etc. 5. If you had coworkers laid off same time, get written statements At the hearing, be professional and stick to facts. The judge will ask both sides questions. Employers lose these cases when they can't prove you quit. YOUR EVIDENCE IS KEY!! Also yes, the Unemployment Law Project is excellent for free legal help with ESD cases.
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NeonNova
•This is incredibly helpful, thank you! I haven't heard back from my former manager yet, but I'm going to try reaching out once more before the appeal. Not sure if that's a good idea, but I'm hoping they'll admit this was a mistake.
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Emily Jackson
did u sign anythng when u left? they tried to pulll this on me to but i had the layof papers they mad me sign. if u dont have papers its gonna b ur word vs them so get those emails ready
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NeonNova
•I didn't sign anything when I was laid off - it was all done through email and a phone call. But I saved the emails where my manager specifically said "due to seasonal slowdown we're temporarily laying you off" and mentioned calling me back when things picked up. Hoping that's enough!
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Liam Mendez
You should try Claimyr to get through to ESD directly. I was in a similar situation with conflicting information and spent DAYS trying to reach someone at ESD. Used claimyr.com and got connected to an agent in about 20 minutes who could actually see notes on my account and explain what was happening. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. Sometimes talking directly to ESD before the appeal can help clarify if this is just a miscommunication they can fix.
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NeonNova
•Thanks! I've been trying to call ESD for two days and keep getting disconnected or told the wait time is over 3 hours. I'll check out Claimyr - at this point I'll try anything to get this sorted out before the appeal deadline.
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Sophia Nguyen
THE WHOLE SYSTEM IS RIGGED!!! I got screwed the same way in February - employer told me "we're reducing staff" then claimed to ESD I abandoned my job?!?! I appealed with PROOF and still lost because the judge believed my manager who LIED under oath. Now I owe $6,000 I DON'T HAVE. These hearings are just formalities before they force you to pay. The whole system protects employers not workers!!!!
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Yuki Tanaka
•I understand your frustration, but outcomes really do vary case by case. Did you have representation at your hearing? The judge's decision should explain specifically what evidence they found more credible and why. You can actually appeal the judge's decision to the Commissioner's Review Office within 30 days if you believe the judge made an error.
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Jacob Smithson
I'm an HR manager (not for your company) and want to explain what might be happening. Sometimes there's confusion between departments about why someone left. Payroll might code it as "voluntary quit" while the actual manager coded it as "temporary layoff." When ESD contacts the company, they might just pull the payroll code without checking with the manager. I'd suggest calling your old company's HR department directly and explaining the situation calmly. Ask them to review your separation code in their system. This might be a simple administrative error they can fix by sending updated information to ESD. Don't accuse anyone of lying - just ask them to verify the separation reason on file.
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NeonNova
•That's a really good point! It's a medium-sized company, so there could definitely be miscommunication between departments. I'll try calling HR tomorrow - maybe this is all just a mistake that can be fixed without going through the whole appeal process. Thank you for this perspective!
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Carmen Diaz
what about ur coworkers who got laid off too? are they getting the same letters or just u?
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NeonNova
•Just texted two of them and waiting to hear back. If they didn't get these letters, that would be REALLY suspicious. Will update when I hear from them!
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Andre Laurent
UPDATE YOUR ESERVICES ADDRESS!!! I almost missed my appeal deadline because ESD sent the hearing notice to my old address even though I'd updated it online. Make sure your contact info is current everywhere. Also, call the Office of Administrative Hearings (OAH) directly after you file your appeal to confirm they received it. Get the name of who you speak with. Document EVERYTHING.
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NeonNova
•Great point - just checked and my address is current in eServices, but I'll call OAH to confirm everything once I submit my appeal. Just pulled together all my emails from my former manager. The layoff email specifically says "due to seasonal business reduction" so I'm feeling a bit more confident now.
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Yuki Tanaka
Just to clarify something important - your appeal hearing will likely be by phone, not in person. When you get the hearing notice, it will give you instructions for submitting evidence BEFORE the hearing. Make sure you send in all your evidence by their deadline or the judge might not consider it! Also, if your employer doesn't show up for the hearing, that often works in your favor as long as you have some evidence supporting your case.
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NeonNova
•Thank you! Just submitted my appeal online and uploaded my emails showing the layoff. Called OAH and they confirmed they received everything. Hearing should be scheduled in 3-4 weeks. I also heard back from one coworker who was laid off same time - they didn't receive any overpayment notice! So weird. Really appreciate everyone's help here - feeling slightly less panicked now.
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