Reporting holiday/vacation pay mistakes on ESD weekly claims - will I get penalized?
I'm freaking out a little bit. I've been filing weekly claims for about a month now, and I just realized I made a mistake on two of my claims. I selected 'No' for the question about receiving holiday/vacation pay, but then my company actually paid out some unused PTO on my final check this week. I completely forgot I had that PTO available! It's about $740 that I didn't report. Has anyone dealt with a similar situation? Can I still correct this somehow, or will ESD automatically flag me for fraud? I'm worried they'll make me pay everything back or worse. Really don't want to get in legal trouble over an honest mistake!
20 comments
Eloise Kendrick
Don't panic! This happens more often than you think. You should immediately report the correction to ESD. Log into your eServices account, and look for the option to send a secure message about your claim. Explain exactly what happened, which weeks were affected, and the amount of vacation pay you received. Be specific about dates and amounts. The sooner you self-report the error, the better. ESD generally distinguishes between honest mistakes and deliberate fraud. Since you're coming forward before they caught it, that demonstrates good faith on your part.
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JaylinCharles
•Thank you! I'll send a message right away. Do you know if they'll just deduct the amount from future payments or will I have to pay something back? I'm already struggling financially...
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Lucas Schmidt
i did this last yr... put wrong hours for 2 weeks. they sent me a letter saying i was overpaid like $300 and had to pay it back. wasnt a big deal, just be honest about it
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JaylinCharles
•That's a relief to hear. Did they let you set up a payment plan or did you have to pay it all at once?
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Freya Collins
This is a pretty common issue. You should call ESD directly to explain the situation. They need to adjust your claim and benefits calculation. However, I will warn you that getting through to an actual agent at ESD can be nearly impossible these days - I was on hold for over 4 hours last month and still got disconnected. I ended up using Claimyr (claimyr.com) to help me get through to an ESD agent. They have a system that holds your place in line and calls you back when an agent is available. Saved me hours of frustration. There's a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. For a reporting issue like yours, I'd definitely recommend talking to an actual person at ESD rather than just sending a message.
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JaylinCharles
•I've been avoiding calling because I heard the wait times are insane. Thanks for the recommendation - I'll check out that service. You're right that I probably need to talk to a real person about this.
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LongPeri
THE ESD SYSTEM IS DESIGNED TO TRAP YOU!! They ask confusing questions on purpose and then penalize you for honest mistakes. I made an error on my claim about available work hours and they hit me with a DELIBERATE MISREPRESENTATION flag. Had to appeal and fight for MONTHS to get it resolved!! Document EVERYTHING when you contact them and get names of representatives you speak with!!!
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Oscar O'Neil
•Wow thats harsh...my experience wasnt like that at all. Made a mistake about work search activities and just had to explain it. The adjudicator was pretty understanding about it.
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Sara Hellquiem
I'm in a similar boat! I forgot to report a one-time gig payment of about $200. I called ESD and explained (took forever to get through) and they said I should submit an adjusted claim form. Still waiting to hear back about what happens next. It's been about 3 weeks since I submitted the correction. Super nervous about it. Did you get this resolved?
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JaylinCharles
•Not yet, just discovering the mistake today. Please update here when you hear back about your situation! I'd love to know what to expect.
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Eloise Kendrick
Some additional info that might help - when you report the error, be prepared that ESD will likely: 1. Calculate how much you were overpaid 2. Either reduce future benefits to recoup the amount or set up a repayment plan 3. Possibly assess a "week of ineligibility" penalty depending on their determination The important legal distinction is between unintentional errors (which just require correction and repayment) versus willful misrepresentation (which can result in penalties and disqualification). Based on what you've described, this sounds like a clear case of an honest mistake, especially since you're self-reporting before they discovered it.
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JaylinCharles
•That's really helpful to understand. I'm definitely prepared to repay whatever I need to - just want to make sure I handle this the right way to avoid any fraud allegations.
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Charlee Coleman
Anybody know if theres a time limit for fixing mistakes? I think I might have messed up some hours back in January but just realized it now in May...
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Eloise Kendrick
•There's no specific time limit for self-reporting errors, but the sooner the better. Even if it's been a few months, you should still report it. ESD can go back and review claims from the past year during audits, so it's better they hear about issues from you directly.
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Lucas Schmidt
btw if ur worried about calling ESD and being on hold 4ever, the claimyr thing mentioned above actually works, i used it last time my claim had issues and got thru in like 30 min instead of 5 hours
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JaylinCharles
•Thanks! I think I'll try that because my anxiety is killing me and I want to resolve this ASAP.
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Eloise Kendrick
Just to update everyone in this thread with accurate information: for vacation/holiday pay specifically, you need to report it for the week it was PAID, not the week it was earned or accrued. Many people get confused about this. So if your final check with the PTO payout was issued this week, you would report it on this week's claim, even if the PTO was technically earned months ago. This is different from how regular work hours are reported (which are reported when worked).
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LongPeri
•THAT'S NOT WHAT THEY TOLD ME! An ESD rep specifically said vacation pay should be reported for the weeks it WOULD HAVE COVERED if you had taken the time off! This system is so inconsistent and broken!
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JaylinCharles
UPDATE: I spoke with an ESD representative this morning (used that Claimyr service which actually did work great). They were understanding about the mistake and had me fill out a statement explaining what happened. They said they'll calculate any overpayment and send me a notice with options for repayment. The agent assured me that since I self-reported, this wouldn't be considered fraud - just an adjustment that needs to be made. Such a relief! Thanks everyone for your advice and sharing your experiences.
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Oscar O'Neil
•Glad it worked out! This happens all the time from what I hear.
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