ESD forcing me to repay a year of benefits after school employer lied at hearing - will lose my house

First, take a deep breath. This is incredibly stressful but there are still options. Yes, you can potentially pursue legal action against your former employer for providing false testimony, but that's a separate case from your ESD overpayment issue. I recommend tackling this in steps: 1. For the ESD overpayment: Complete that waiver application ASAP and request a new hearing based on the fact that your evidence wasn't considered. You can cite "good cause" for reopening the case. 2. For legal help: The Unemployment Law Project DOES assist with exactly these situations. Contact them immediately at 206-441-9178 or 888-441-9178. They specialize in unemployment appeals and can advise on next steps. 3. Document everything: Get a copy of the hearing transcript, gather ALL communications with that payroll person (especially any recording or notes from that phone call where she admitted you qualified). 4. File for an appeal with the Commissioner's Review Office if you haven't already - you have 30 days from the decision date. The fact that the first hearing was in your favor is significant. Don't lose hope!

OMG this is TERRIFYING!! Schools can just LIE and then we have to pay back $23k?!? I'm so sorry ur going thru this. I got laid off from a school district too but thankfully they didnt contest my benefits. But the whole ESD system is such a mess... my coworker had something similar (different job tho) and she was fighting it for like 8 months!!! Its not fair how they can just decide to take all that money back when u were legit laid off. Keep us updated on what happens!!!!

Having dealt with several ESD appeals hearings, I can offer some practical advice: 1. Even if you missed the Commissioner's Review deadline, file anyway with an explanation for the delay. They sometimes grant exceptions for good cause. 2. Yes, absolutely file the waiver application while pursuing the appeal simultaneously. These are separate processes, and the waiver could be approved even if the appeal isn't. 3. For the waiver to succeed, focus on demonstrating financial hardship and that repayment would be "against equity and good conscience." Include documentation of your mortgage, family expenses, and emphasize the impact on your children. 4. Request a complete copy of your ESD file through a public records request immediately. This will show exactly what evidence was or wasn't considered in both hearings. 5. If you have documentation that contradicts what the school claimed, highlight these specific discrepancies in any appeal. Regarding suing the school - while technically possible, I'd focus on resolving the ESD issue first. The ULP can advise on whether pursuing legal action against the school would be viable after your benefits situation is stabilized.

have u tried calling esd to explain? sometimes u can get a nice person who will help. my boyfriend was in a similar situation (not with a school but his boss lied) and he kept calling until someone actually listened and fixed it for him. just keep trying different agents until u find a helpful one

I went through something like this last year and know how devastating it is. I tried calling ESD for weeks without getting through. Finally used Claimyr (claimyr.com) to connect with an ESD agent - they got me through in about 17 minutes when I'd been trying for days. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 When I finally got through, the agent explained that I needed to specifically request a "redetermination based on new evidence" since my evidence wasn't considered in the previous hearing. This is slightly different than a standard appeal. I submitted all my documentation again, highlighted the contradictions in my former employer's testimony, and got the decision reversed. Definitely worth trying this approach while also pursuing the waiver application. The right ESD agent can make all the difference in navigating this process.

I'm so sorry you're going through this. The emotional toll of these situations is sometimes overlooked. When my former employer contested my benefits, I developed severe anxiety and couldn't sleep for weeks. For your situation, documentation is absolutely critical. Besides everything everyone has suggested, I would also: 1. Check if any coworkers would be willing to provide statements about your layoff situation 2. See if you can find any school board minutes or public records that might reference staffing reductions during that period 3. Look through all your emails for any communication that supports your case Also - don't ignore your mental health during this. The stress of potentially losing your home while caring for children is enormous. Consider reaching out to community resources for support services while you navigate this. Many communities have emergency assistance programs for families at risk of losing housing. This could provide some breathing room while you fight the ESD decision.

wait im confused... if u were laid off from the first school and then worked at a second school and then got laid off again, shouldn't your unemployment claim have been updated? like the second school would be the one responsible for ur benefits after u worked there right? something seems off with how esd calculated this. did they think u were still claiming benefits while working at the second school maybe?

After reading all the details you've shared, I think there's a critical technical issue that might help your case. It sounds like there's been a failure to properly segment your claim periods between employers. Each period of unemployment should be treated as a separate claim event with different base year employers. If most of your benefits came after being laid off from the second school, then the first school should have no standing to contest those benefits. I'd recommend specifically requesting a "segregation of claim periods" review when you contact ESD or the Unemployment Law Project. This is a technical distinction that sometimes gets overlooked in complicated multi-employer cases. Also, if you have any pay stubs or hire/termination documentation from the second school, make sure those are front and center in your appeal. The dates of employment at the second school are crucial to establishing that the first school's testimony should only apply to a small portion of your total benefits, if any.