Got my ESD overpayment hearing scheduled - need tips for OAH preparation!

I went through an OAH hearing for overpayment last year. Here's what worked for me: 1. Gather ALL your documentation - weekly claim confirmations, pay stubs from the restaurant, bank statements showing deposits, any emails or messages with ESD. 2. Write a timeline of events - when you filed, when you reported hours, when you got paid by both employer and ESD. 3. Be ready to clearly explain how you calculated your hours/earnings each week. 4. Send all your evidence to the judge before the hearing (they'll tell you the deadline in your hearing notice). 5. During the hearing, be respectful but firm about your position. The judge will give both you and the ESD representative time to speak. I won my case because I could prove I reported correctly. The issue was my employer had reported tips inconsistently. Good luck!

these hearings are a JOKE!! ESD messed up MY claim too and then tried to make ME pay for THEIR mistake!! the system is rigged against us regular people. they will try to confuse you with legal speak and technical terms just to make you give up. fight it hard!!

To answer your question about evidence - you MUST submit it before the hearing by the deadline in your notice (usually 1 week before). They call these "exhibits" and both you and ESD will have access to review them before the hearing. Anything you try to bring up during the call that wasn't pre-submitted might not be considered by the judge. Also, make sure to label each document clearly (Exhibit A, B, C, etc.).

Former unemployment adjudicator here. For restaurant workers, these overpayment issues often stem from how tips are reported. Make sure you document exactly how you calculated your weekly earnings and how you reported them. The key is proving you followed ESD's guidance on reporting requirements. Did you receive any fact-finding questionnaires before they issued the overpayment? Those responses are important too. Also, even if you lose, you can request a waiver of the overpayment if repaying would cause financial hardship. That's a separate process after the hearing.

I had such a nightmare trying to reach ESD about my overpayment last month. Kept getting disconnected after hours on hold. I finally used a service called Claimyr (claimyr.com) that got me through to a live agent in about 30 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The agent I spoke with gave me specific advice on what documents to bring to my hearing and it made a huge difference. Might be worth connecting with an actual ESD rep before your hearing to make sure you're properly prepared.

i had hearing in january. just be honest n talk clearly. judge was actually nice, not scary at all. ESD person seemed confused about my case lol. hearng lasted only 30 min for me not full hour. btw my employer also reported wrng hours! i showed my timecards and won case. just bring proof!!

One important thing no one mentioned yet - record keeping requirements! ESD requires claimants to keep records for at least 5 years, but many people don't know this. For your hearing, focus on proving: 1. You reasonably understood ESD's reporting requirements (cite their own instructions) 2. You made a good faith effort to report accurately 3. Any discrepancies were honest mistakes, not an attempt to deceive Also, be prepared for the judge to ask hypothetical scenarios about how you would report certain types of income. They're testing your understanding of the rules.

My sister just went through this last month for her retail job. Her employer had reported her vacation pay wrong which triggered the overpayment. She said the judge was very reasonable and actually helped her through the process during the hearing. She didn't need a lawyer either.

MAKE SURE you call in 10-15 minutes early to the hearing!! My hearing got delayed bc the ESD rep was late and then the judge rushed through everything. Total BS!! And watch out for the mute button - sometimes they can't hear you but don't tell you you're muted until they've moved on!

Quick update on something I forgot to mention - if your employer is going to be at the hearing (sometimes they are, sometimes not), be prepared for them to present their side. In my case, the payroll person from my company attended and actually ended up supporting my position because they realized their reporting to ESD had errors. So don't automatically assume your employer is "against" you in this process.

Thanks everyone for the advice! I've started gathering all my documentation and will submit it by the deadline. One last question - how long after the hearing did you get the decision? The waiting and uncertainty is killing me!