ESD demanding $22,500 repayment for approved COVID-era benefits after school employment dispute
I'm in a total nightmare with ESD right now. They're demanding I repay around $22,500 in benefits from COVID times when schools were closed. I've worked in education for years and here's what happened: When schools started reopening in 2020, my original school was extremely vague about my position. I kept asking HR what my job would look like when they reopened, but got nothing concrete. Meanwhile, I was juggling childcare issues (my daycare had multiple COVID exposures) and family health concerns. I ended up accepting a position at another school district where I'd worked before. There was maybe a 10-day gap between these jobs. I was fully transparent with ESD about everything! Fast forward to last year, and suddenly ESD claims I voluntarily quit my first school job (not laid off due to COVID). They had a hearing where the HR rep from my first school district COMPLETELY LIED about the circumstances. I provided screenshots of texts and emails proving I was given no clear return option, but the judge basically said "schools don't lie" and sided with them. The ridiculous part is that most of my benefits were from when schools were completely CLOSED, and the rest were from when I was part-time at the second district before being laid off when my assigned student moved away. I eventually returned to full-time work as soon as schools fully reopened. I worked with an unemployment law attorney who was shocked that I'm being asked to repay ALL benefits when only a week or two could possibly be disputed from that first school transition. I filed for a waiver because I followed EVERY rule, called ESD whenever I was unsure about anything, and did nothing unethical. I was finally getting back on my feet financially after the pandemic chaos, and now this bomb drops. Anyone successfully fight an overpayment case against ESD when a former employer lied? How detailed do I need to be in my waiver request?
17 comments
Dylan Baskin
same thing happened to my sister!!! the school said she "abandoned" her position when she literally had emails saying they didn't know when or if they'd need her back. ESD is on a rampage trying to get $ back from covid era claims. good luck!
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Hunter Brighton
•Did your sister end up having to pay it all back? I'm honestly terrified about what this will do to my family if I can't get this resolved.
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Lauren Wood
I've helped several clients with similar situations. Here's what you need to understand about the waiver process: 1. For COVID-era claims, ESD is reviewing thousands of cases and making broad determinations. Many are incorrect. 2. In your waiver, you need to focus on two key arguments: financial hardship (cannot pay without severe hardship) AND that you acted in good faith. 3. For the good faith portion, include a timeline showing: - Exact dates of school closures - Documentation of unclear communications from first school - Timeline of accepting second position - Record of your calls/communications with ESD confirming your eligibility 4. Make it clear you were transparent about your employment changes. The overpayment is not due to any misrepresentation on your part. 5. The waiver should specifically address that most benefits were from when schools were fully closed, and only a small portion could possibly be disputed. Don't give up - these waivers do get approved, especially in cases like yours where you were following instructions and the former employer is misrepresenting the situation.
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Hunter Brighton
•Thank you so much for this detailed advice. I'm putting together all my documentation right now. Quick question - should I include copies of the texts and emails that the judge ignored, or will that just look like I'm relitigating the decision? I'm worried about making ESD defensive.
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Ellie Lopez
I had to deal with ESD for MONTHS last year. The only way I finally got through to someone who could actually help was using Claimyr. Saved my sanity! You can see how it works at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 and their site is claimyr.com Basically it gets you past the phone tree nightmare and actually connects you to a real human at ESD who can look at your specific case. With overpayment cases, talking to the right person can make all the difference.
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Hunter Brighton
•I've never heard of this service before - thank you! I've been calling ESD for weeks and either get disconnected or told to just submit the waiver and wait. I need to speak with someone who can actually look at my specific situation.
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Chad Winthrope
schools ABSOLUTELY lie. i worked for Seattle Public for 7 years & HR regularly misrepresented things. the judges always side with employers because the system is rigged. its infuriating!!!
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Lauren Wood
•You're right that there can be a bias toward employers in these hearings. That's why documentation is absolutely critical. In OP's waiver request, I recommend explicitly stating that the decision was based on incorrect testimony from the employer, and offering to provide the evidence that wasn't properly considered in the hearing.
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Paige Cantoni
I'm a former ESD adjudicator, and I can provide some insight. What you're describing sounds like a "section 747" review case. During COVID, many claims were automatically approved to speed up payments. Now they're going back and reviewing them all. For voluntary quit cases between school employers, ESD typically applies the "suitable work" standard. If you had "reasonable assurance" of returning to work at your first school but chose to work elsewhere, they may consider that a voluntary quit. However, if the first school was genuinely vague about your position as you stated, that can be considered "lack of reasonable assurance" - meaning no suitable work was actually available. For your waiver request, focus on: 1. The genuine ambiguity from the first employer (include those texts and emails) 2. Your consistent reporting of all work and earnings 3. That you returned to work as soon as possible 4. The financial hardship repayment would cause Be very specific about which weeks you're disputing. The weeks when schools were entirely closed should not be part of any voluntary quit determination. That seems to be where the confusion lies.
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Dylan Baskin
•is there a statute of limitations on this stuff??? seems crazy they can go back so many years!!
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Kylo Ren
I'm going through a similar situation right now with ESD claiming I quit a position during COVID when I was actually laid off. What I've learned is that you need to be EXTREMELY specific about each week being disputed. In my case, I was able to get the overpayment amount reduced significantly by pointing out that most weeks weren't even related to the employer dispute. It sounds like you might be in a similar situation where they're trying to reclaim ALL benefits when only a small portion should be in question. Did you request a copy of your complete claim file from ESD? You have a right to this information, and it shows exactly what employers reported for each week. This was game-changing for me because it showed that the employer in question wasn't even listed for most of the weeks ESD was trying to reclaim.
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Hunter Brighton
•No, I didn't know I could request that! How do I go about getting my complete claim file? That would be incredibly helpful since I know most of my benefits were from when schools were completely closed or from my second job.
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Kylo Ren
•You need to submit a public records request through ESD's website. Go to esd.wa.gov, scroll to the bottom and look for "Public Records Request." Select that you want your own claim records. It can take a few weeks to get the records, so do this ASAP. The file will show exactly which employer was attached to each week of benefits. This will help you identify exactly which weeks might be related to the school you supposedly "quit" versus weeks that should be completely unaffected by that determination.
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Nina Fitzgerald
i dont understand why ESD is doing this to so many people years later!!! its like they gave us the money when we needed it then changed the rules after the fact. my cousin had to set up a payment plan for $15,000 even though she did everything right. the system is broken!!!!!
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Chad Winthrope
•its because of all the fraud during covid. they got burned by scammers so now there punishing everyone even people who followed the rules. same old story, regular people pay the price while the real fraudsters got away with millions.
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Lauren Wood
One important detail to add about your waiver request: make sure you explain that you relied on the benefits in good faith and have already spent the money on necessary living expenses. The financial equity waiver is particularly strong when you can demonstrate that: 1. You had no reason to believe you were receiving benefits incorrectly 2. You used the money for basic needs, not luxury items 3. Repayment would cause significant financial hardship now 4. You've made efforts to resolve the situation Be very specific about your current financial situation - include your monthly income and expenses, any savings you have, and any debts or other financial obligations. The more concrete your hardship description, the stronger your case. Also, don't be discouraged if your initial waiver is denied. Many people succeed on appeal or reconsideration.
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Hunter Brighton
•This is incredibly helpful. I've been focusing so much on proving I didn't do anything wrong that I wasn't thinking enough about the financial hardship aspect. We're definitely in a tough spot financially - just paid for some major home repairs that depleted our savings, and we're still catching up on medical bills from last year. I'll make sure to detail all of this in the waiver request.
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