ESD overpayment notice after being fired - do I really owe?

Ugh the EXACT same thing happened to me last summer!! My boss fired me then told ESD i quit so they hit me with a $4k overpayment. Its total BS how they always believe employers over us!!!!!

Don't panic, but definitely don't ignore this notice. You need to file an appeal within 30 days - that's the most important thing right now. The appeal form should have been included with your overpayment notice. On the appeal, clearly explain that you were fired during restructuring and did not commit misconduct. Request all your employment records from your former employer to support your case. If they told you they wouldn't contest it, see if you have any emails or texts documenting that. During the appeal process, the collection is usually paused, so you don't need to start paying immediately while it's being reviewed.

when i got my OP notice last year i couldnt get anyone at esd on the phone for like 2 weeks!! they kept saying high call volume blah blah. finally used claimyr.com to get through immediately - they have a video showing how it works https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. worth it to get this sorted asap since the appeal deadline is strict and you need to know what evidence they have against you

I dealt with almost this exact situation in January and won my appeal. Here's what you need to do: 1. File your appeal through eServices immediately - do this before anything else 2. Request your complete claim file from ESD (this will show what your employer claimed) 3. Get a copy of your separation notice or termination letter 4. Look through your employee handbook for the company's definition of misconduct 5. Gather any performance reviews that show you were in good standing 6. Get statements from coworkers if possible The burden of proof is on your employer to prove misconduct, not on you to disprove it. In my hearing, the judge was very fair and my former employer couldn't provide specific evidence of policy violations, so I won.

My sister actually works at one of those resturants and shes says they fire people all the time then tell unemployment they quit so they dont have to pay higher rates. its ILLEGAL but they do it anyways. fight this!!!

When you go to appeal make sure you request a TELEPHONE hearing not an in-person one! The judges are much more lenient over the phone in my experience. Also when they give you the hearing date make absolutely sure you're available that day because if you miss it you automatically lose.

To answer your earlier question - yes, text messages between you and your assistant manager could be valuable evidence, especially if they acknowledge you were being let go rather than quitting. Make screenshots and prepare to submit them with your appeal. Any written communication that supports your version of events is helpful. Also, when you file your appeal, be very clear about requesting a copy of your employer's response to ESD. You have the right to see what they claimed about your separation. Sometimes employers tell employees one thing and then report something completely different to ESD to avoid increases in their unemployment insurance rates.

WARNING to everyone reading this - if you lose your appeal, ESD can take your tax refund, garnish your wages, and even put liens on property!!! happened to my cousin last yr and it was a NIGHTMARE. def take this seriously!!!!

During the appeal process, you can request a "stay" on collections, which will prevent them from adding interest or taking collection actions while your case is being decided. There's a specific form for this on the ESD website under "Benefit Payment Control." Also, make sure you continue to carefully document all communication with your former employer. If they reach out to you about this matter, keep records of everything. Sometimes employers will try to get you to admit to something that could hurt your case. In my experience, these appeals typically take 6-10 weeks to resolve, so prepare for a bit of a wait. The hearing itself usually only lasts about an hour.

Yes, if you're still claiming benefits you absolutely must continue your job search activities (3 per week) and report them accurately. Your current appeal situation doesn't change your ongoing eligibility requirements. Make sure you report your part-time work and earnings correctly too - mistakes there could lead to additional issues. Also, while waiting for your appeal, it's a good idea to check your eServices account regularly. Sometimes important notices are only posted there and not mailed.