ESD demanding overpayment after employer contested - Can I appeal without a lawyer?

You absolutely CAN appeal this! Don't panic. You have 30 days from the date on the notice to file your appeal with the Office of Administrative Hearings (OAH). Since your employer said they won't fight it, you're in a decent position. You don't need a lawyer, though it can help. Many people successfully represent themselves in these hearings. What's important is gathering documentation: 1. Save any communication with your employer saying they won't contest the appeal 2. Compile documents showing why you qualified for benefits initially 3. If you have financial hardship (which clearly you do), gather proof for a waiver request Even if you lose the appeal, you can request an overpayment waiver based on financial hardship or apply for a reasonable payment plan. ESD can't garnish wages or take money you don't have. When you file your appeal, clearly explain that your employer has indicated they won't contest it. That's significant information for the hearing judge.

OMG THIS HAPPENED TO ME!!!! ESD is such a nightmare to deal with. They approved me then 4 months later said I wasnt eligible and wanted $12,500 back!!! I almost had a heart attack. I appealed and waited like 6 weeks for a hearing, but guess what? My employer never showed up and I automatically won! They can say theyll show up but if they dont thats good for you. But definitely APPEAL!! You have nothing to lose.

Don't pay anything back until after your appeal process is complete. You need to do three things immediately: 1. File your appeal through your eServices account - there's a section specifically for appeals. Print/save the confirmation page. 2. Email or text your former employer asking them to confirm in writing they won't contest your appeal. Phone conversations aren't documented proof. 3. Request an overpayment waiver form from ESD. Even if your appeal is denied, you can often get the repayment waived if repaying would cause severe financial hardship. A lawyer isn't necessary but can be helpful. Some local legal aid offices offer free consultation for unemployment cases - try the Unemployment Law Project if you're in Washington. When did you receive the overpayment notice? Be aware the 30-day appeal deadline is strict.

you might need a lawyer tbh employers lie all the time... they say one thing to you then another thing to esd. dont trust them. if they really wont contest it get that in WRITING asap

I went through something similar in 2025 and it was awful trying to reach ESD to discuss my situation. I spent weeks calling their number just to get disconnected or told the wait time was 4+ hours. I was ready to give up until someone on here recommended Claimyr (claimyr.com). They somehow got me connected to an ESD agent in less than an hour. The agent explained my appeal options and helped me request a payment plan instead of the lump sum demand. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Definitely appeal this decision, especially since your employer said they won't fight it! That's a huge advantage. But I'd recommend talking to an actual ESD agent about your specific case first.

ur employer is playing games! they contest it and then tell u they wont fight ur appeal?? sounds fishy to me. they probably just want to look like the good guy while still making sure ur benefits get denied. dont trust anything they say unless its IN WRITING!!!!

i had a similar thing happen last year where my benefits were approved then later they decided i wasn't eligible for some of them. i filed an appeal myself, no lawyer, and i won! just be organized and have all your documents ready. the judges are actually pretty fair in my experience. also, even if you end up having to pay some back, they can set up a payment plan that's like $25 a month or something really small if you have no income. don't stress too much!

I work with unemployment cases and want to clarify a few things: 1. The appeal deadline is absolutely critical - miss it and you'll have very few options 2. When an employer says they "won't contest" your appeal, get this in writing. Email them summarizing your conversation and ask them to confirm. Print this for your hearing. 3. You can simultaneously appeal AND request an overpayment waiver. These are separate processes. 4. For the hearing, prepare a clear timeline of events and gather documentation showing why you initially qualified. 5. If your employer truly doesn't contest the appeal, your chances improve dramatically. Regarding whether you need an attorney - most claimants represent themselves successfully. The OAH judges are used to working with people who aren't lawyers. However, if your case involves complex eligibility issues or a large overpayment amount, consulting with an attorney could be worthwhile. Many offer free initial consultations.

how did u even get approved in the first place if ur employer was going to fight it? did they just not respond at first?

One more important thing: while your appeal is in process, you should continue looking for work and documenting your job search activities. The appeal process doesn't pause your job search requirements if you're still claiming benefits on weeks you're eligible for. Also, make sure to request a payment plan application right away, even before your appeal. This shows good faith on your part and starts the process in case your appeal is unsuccessful. ESD has reasonable payment plans that can be as low as $25-50 per month depending on your financial situation. Having your employer not contest the appeal is a huge advantage, but remember the burden of proof is still on you to show you met all eligibility requirements. Be prepared to explain why you qualified for benefits initially.