ESD flagged husband's claim for overpayment during temporary layoff - now stuck in adjudication
My husband works for a small construction company (12 employees) and was temporarily laid off last week due to weather conditions. He filed his weekly claim like normal - he's done this several times before with no issues. Yesterday we logged in and found a 'Potential Overpayment' notice for that week! I immediately responded explaining that there was definitely no overpayment - he was legitimately laid off, didn't work any hours, and received no pay. I didn't attach any documentation because honestly there's nothing to attach? His boss didn't provide anything since they do this routinely. Now his claim status shows 'In Adjudication' and we're getting worried about bill payments. The weird part is he was paid normally when he was laid off for a week in January. Has anyone dealt with false overpayment flags? How long does this type of adjudication typically take to resolve? Getting stressed since we were counting on that UI payment.
21 comments


Chloe Davis
This happened to me last winter! The issue was that my employer reported wages to ESD for the week I claimed (even though I didn't work) because of their payroll reporting schedule. Check if your husband's employer might have accidentally reported hours/wages during their quarterly filing or weekly report. If they did, you'll need to ask them to contact ESD to correct the error. Adjudication for these cases usually takes 2-3 weeks if everything goes smoothly.
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Omar Farouk
Thank you - that makes a lot of sense. His pay period ends on Thursdays, so maybe there was some overlap in reporting. I'll have him talk to the payroll person tomorrow. Did you have to submit any specific documentation when this happened to you, or did the employer fix take care of it?
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AstroAlpha
i had this EXACT issue last year!!! ESD is so broken its ridiculous. they flagged me for overpayment when i was legitimately laid off for 2 weeks. took FOREVER to fix and they kept sending me threatening letters about repayment. make sure u keep filing weekly claims while this is happening - if u miss weeks they'll make it worse!!
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Diego Chavez
How long did it take for them to fix it? I'm curious because my cousin is facing a similar situation with ESD right now and she's getting really anxious about it. She's been in adjudication for almost 3 weeks!
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AstroAlpha
it took like 5 weeks total and i had to call them like 20 times!! so frustrating. tell ur cousin to keep calling every morning right when they open
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Anastasia Smirnova
I work with construction companies on their unemployment issues, and this is fairly common in seasonal/weather-dependent work. Here's what's probably happening: \n\n1. ESD has automated systems that flag claims where an employee has multiple short-term layoffs with the same employer\n2. They sometimes misinterpret this pattern as possible fraud or improper claiming\n3. The adjudication process is their way of verifying that these short layoffs are legitimate\n\nThe best approach is to have your husband's employer submit a formal statement confirming the temporary layoff dates and reason (weather conditions). They should be familiar with this process if they regularly have employees on UI. Ask them specifically for a \
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Omar Farouk
This is incredibly helpful, thank you! I had no idea the multiple short-term layoffs could trigger their system. Makes sense though. I'll have him ask his boss for that verification statement tomorrow. His company has about 80% of their workforce on and off unemployment during winter months, so I'm sure they've dealt with this before.
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Sean O'Brien
my frend had this happen and it was bcuz his boss reported hours wrong. they fixed it but took like 4 weeks wich is stupid. keep calling esd every day untill they fix it thats what he did
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Zara Shah
I recently went through a similar situation with ESD. After struggling to get anyone on the phone for days (constant busy signals and disconnects), I found a service called Claimyr that got me through to an ESD representative in about 30 minutes. They saved me weeks of waiting and frustration! Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nThe ESD rep was able to look at my file and explain exactly what documentation I needed to resolve the adjudication. Much better than waiting and stressing about it.
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Omar Farouk
I've never heard of this service before. Did it actually work well for you? I'm getting desperate since we've been trying to call for 3 days straight with no luck.
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Zara Shah
Yes, it worked really well. I was skeptical at first but I was connected to an actual ESD agent who helped clear up my issue. They basically keep dialing for you using their system until they get through, then connect you. Saved me hours of redial frustration.
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Luca Bianchi
Make sure you understand the difference between an overpayment notice and a potential overpayment investigation. They're not the same thing! A potential overpayment just means they're reviewing the claim, not that they've determined anything yet. Keep very detailed records of any communication with ESD about this issue - dates, times, who you spoke with, etc. This will help if you need to appeal later.\n\nAlso, did your husband report any hours or earnings during the week he was laid off? Sometimes people mistakenly report vacation pay, holiday pay, or even severance as earnings during the claimed week, which can trigger these investigations.
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Omar Farouk
That's a good point about keeping detailed records - I've started a notebook tracking everything. And no, he didn't report any earnings that week. He was completely laid off with zero hours and zero pay. That's why this is so confusing!
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Luca Bianchi
Then it's almost certainly an employer reporting issue or a system flag for multiple short layoffs as someone else mentioned. One other thing to check - did your husband answer \
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Omar Farouk
He definitely answered yes to being able and available. He's done this several times and knows the proper way to fill out the weekly claim. I'm pretty convinced now it's either an employer reporting issue or that automated flag for multiple short-term layoffs. Thanks for helping me troubleshoot!
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Chloe Davis
Just thought of something else - check if your husband's employer is on a standby approval list with ESD. Some construction companies get pre-approved for temporary layoffs during slow seasons. If they are, make sure your husband is selecting the standby option when filing. If the company should be using standby but isn't, that could trigger these investigations too.
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Omar Farouk
I'll ask about the standby status! I know they do regular temporary layoffs during bad weather, but I'm not sure if they have a formal standby arrangement with ESD. That could definitely be part of the issue.
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Diego Chavez
I had something similar happen in January and it was a nightmare! Turned out my employer accidentally reported that I quit instead of being laid off. It took weeks to resolve and the stress was awful. Has your husband checked his account to see if there's a specific issue listed under the
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Omar Farouk
Just checked and there's nothing specific in Issues and Decisions - just says
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Anastasia Smirnova
Based on everything you've shared, I strongly recommend your husband contact his employer ASAP to verify: 1) How they reported his status that week to ESD, 2) If they have standby status approval with ESD, and 3) If they can provide a simple letter confirming the temporary layoff dates and reason.\n\nOnce you have that information, try to reach ESD directly to address the specific issue. The adjudication process is averaging 3-4 weeks currently if you don't intervene, but can be resolved much faster if you can speak with someone directly and provide the correct documentation.\n\nThis is a very solvable problem - just a matter of cutting through the bureaucracy!
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Omar Farouk
Thank you for the reassurance and clear action steps! He's going to talk to his boss first thing tomorrow morning to get all this information. Fingers crossed we can get this resolved quickly.
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