ESD says I'm not 'available for work' despite having part-time job - now they want $2900 back!

omg this EXACT thing happened to me last month!!! its completeley ridiculous how they do this. i was working 15 hrs a week at a grocery store and they said the same BS about not being 'available' even though i was already WORKING?!?! i think its some kind of automated flag in there system when something doesn't match up. did you change your work hours recently or maybe answer one of the weekly questions differently by accident?

This is a common issue with the ESD system. What likely happened is that when you changed your availability at your current job, it triggered their system to think you're restricting your availability for ALL work. The key here is that "available for work" in ESD terms means you're available to accept ANY suitable work, any shift, any hours. When you appeal, you need to clearly explain: 1. You have been continuously available for full-time work 2. Your schedule change was temporary and didn't restrict your ability to accept other work 3. You've continued to perform your required job searches 4. You've accurately reported all earnings Bring documentation of your job searches and any emails about your schedule change if you have them. Appeals are taking about 8-12 weeks currently before you get a hearing date.

i had a similar thing last year but mine was cause i checked the wrong box on the weekly claim thingy. i accidentally said 'no' to being able and available for work on ONE WEEK and they tried to make me pay back like 4 weeks! like one mistake and they come at you with the hounds! definitely appeal and make sure to be SUPER clear on your availability. they're just looking for any reason to deny benefits. gotta love the system 🙄

That's it!!! The Sunday morning note is almost certainly what flagged your account. ESD considers ANY restriction on availability as potentially disqualifying, even if it's just a few hours a week. It's completely unreasonable, but that's how their system works. I went through something similar when I noted I couldn't work Wednesday evenings due to a mandatory class I was taking to improve my job prospects. Ridiculous that trying to better yourself can get your benefits denied. For your appeal, I'd recommend focusing on how you're available for work 95% of the time and that a minor restriction for childcare on Sunday mornings shouldn't render you completely ineligible. Bring documentation about your childcare situation if possible. In the meantime, if you're desperate to reach someone at ESD to try to resolve this faster, I used a service called Claimyr (claimyr.com) that got me through to an ESD agent within 15 minutes when I was dealing with my appeal. They have a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me weeks of stress trying to get through on my own.

Let me clarify something important about availability requirements that many people misunderstand: Under Washington unemployment law, you must be available for full-time work (40 hours per week) in your customary occupation during ALL the usual hours and days for that type of work. Any restriction - even saying you can't work Sunday mornings - can technically disqualify you. It seems unfair, but the law assumes that if you're collecting benefits, you should be willing to accept any suitable work. However, ESD does recognize certain reasonable limitations. For childcare, you can often get an exception if you can demonstrate: 1. You've made reasonable efforts to secure childcare 2. You're still available for a substantial number of jobs in your field 3. The limitation is temporary or outside normal working hours In your appeal hearing, focus on these points. Bring documentation of your childcare situation and emphasize how many hours/days you ARE available. The appeals process typically takes 8-14 weeks, but you can continue claiming while appealing (though if you lose, you'll owe that money back too). Don't miss any weekly claims while waiting.

This whole system is SUCH a scam! They nitpick every little thing to try to deny benefits. My cousin said he couldn't work Tuesday evenings because of a medical treatment and they denied him for 6 weeks!!! It's like they WANT people to lie on their claims. So stupid. And then good luck getting through to an actual person to explain your situation. I spent 3 days calling non-stop before I got through.

UPDATE: I tried calling ESD today to get clarity before my appeal and got disconnected FIVE TIMES after waiting on hold. This is so frustrating! I can't wait 12 weeks for a hearing with this hanging over my head. They're asking for immediate repayment of $2,900 I don't have. Does anyone know if they start collection actions while an appeal is pending?

After seeing your update about getting disconnected multiple times, I really do recommend trying Claimyr. I was in the same boat - disconnected constantly, couldn't get through for weeks. It's frustrating that we have to use a service just to reach a government agency, but it saved me so much stress. The peace of mind from actually talking to someone was worth it. Regarding collections - they typically don't start aggressive collections during an appeal, but they may send you notices. Make sure to respond to those notices by stating you have an appeal pending. Keep documentation of everything.

Since you mentioned childcare issues, I want to add some specific advice for your appeal: 1. Washington state actually has a "parental obligation" provision that can allow for reasonable childcare-related restrictions. Emphasize this in your hearing. 2. When explaining your situation to the judge, be very specific about your overall availability. For example: "I'm available to work 38 out of 40 standard hours in my industry. My only restriction is Sunday 9am-12pm due to temporary childcare issues." 3. Bring documentation of your efforts to secure alternative childcare for those hours. 4. Be prepared to explain why this restriction doesn't significantly impact your employability in your field. The key is showing that your restriction is both reasonable and doesn't substantially diminish your ability to accept suitable work. Given that yours is just Sunday morning and temporary, you have a good chance of winning your appeal if presented properly.