Washington ESD overpayment - can you go to jail for unemployment overpayment?

Take a deep breath - overpayments are civil matters, not criminal unless there's intentional fraud involved. If you made honest mistakes reporting work hours, you won't go to jail. Washington ESD has to prove willful intent to defraud for criminal charges. You need to appeal this within 30 days if you believe it's incorrect.

I had a similar situation two years ago - got hit with a $1,900 overpayment notice. Turns out it was their mistake in processing my weekly claims. The stress was unreal but I appealed and won. Criminal charges only happen when people intentionally lie or create fake documents.

If you're having trouble reaching Washington ESD to discuss this, I recently found out about Claimyr (claimyr.com) - they help people get through to ESD agents when the phone lines are jammed. There's a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out since time is critical with appeals.

JAIL?? Are you serious? I've been freaking out about my overpayment notice too. This whole system is designed to terrorize people. They make it sound like you're a criminal for making honest mistakes on these confusing weekly claims.

Criminal prosecution for unemployment fraud requires proving intentional deception - like using fake social security numbers, lying about work search activities, or deliberately hiding substantial income. Simple reporting errors or misunderstanding weekly claim requirements don't meet that threshold.

omg same thing happened to me last month! got a notice for $3200 and thought my life was over. turns out I forgot to report some gig work from uber. appealed it and they reduced it to like $800 because I had proof I tried to report it but their system glitched

The Washington ESD manual states that criminal referrals only occur when overpayments exceed $5,000 AND there's clear evidence of intentional fraud. Most overpayments are handled through civil collection processes - wage garnishment, tax refund intercepts, etc.

Been through this twice - once in 2019 and again in 2023. Never faced criminal charges either time. The first was my fault for not understanding standby rules, second was ESD's computer error. Both times I just had to pay it back through payment plans.

Also wanted to mention - when I was dealing with my overpayment appeal, I used that Claimyr service someone mentioned above. Seriously saved my sanity because I could actually talk to someone at ESD instead of getting hung up on constantly. Worth every penny when you're stressed about this stuff.

Look, I work in legal aid and see unemployment cases regularly. Criminal prosecution is extremely rare - maybe 1-2 cases per year in our county. Usually involves people collecting benefits while working full-time jobs or using stolen identities. Your situation sounds like a standard administrative overpayment.

My brother got an overpayment notice for $4,200 and was convinced he was going to prison lol. Turned out ESD had wrong information about his job end date. He appealed and won completely. No jail, no criminal record, nothing.

THE SYSTEM IS BROKEN! They send these scary notices to intimidate people into not fighting back. Half the time it's their own computer errors but they make YOU prove your innocence. It's guilty until proven innocent with Washington ESD.

Quick question - does anyone know if they report overpayments to credit bureaus? I'm worried about my credit score on top of everything else.

I'm dealing with something similar right now. Got hit with a $1,650 overpayment because they say I didn't complete my job search requirements properly during three weeks last year. Using Claimyr to try to get through to someone who can explain exactly what I supposedly did wrong.

Check your overpayment notice carefully - it should specify whether it's classified as fraud or non-fraud. Non-fraud overpayments (most common) are just administrative errors and don't carry criminal penalties.

honestly this whole thread is making me paranoid about my own claims. I've been super careful but now I'm second-guessing everything I reported

For what it's worth, my cousin works at the prosecutor's office and says they rarely see unemployment fraud cases unless it's like organized crime stuff or people stealing thousands and thousands. Your $2,850 situation wouldn't even cross their desk.

Make sure you understand the difference between willful misrepresentation and innocent mistakes. Washington state law requires INTENT to defraud for criminal charges. Simply getting confused about reporting requirements doesn't qualify.

Update on my situation from earlier - finally got through to ESD (thanks to that Claimyr service) and they explained my overpayment was due to employer wage records not matching what I reported. Agent said this happens all the time and isn't considered fraud.

Bottom line - focus on your appeal, gather your documentation, and don't let the fear of criminal charges paralyze you. The overwhelming majority of overpayments are civil matters that get resolved through appeals or payment arrangements.