What happens if you certify for unemployment while working - Washington ESD consequences?

How bad are the penalties? I'm talking maybe $2,400 in benefits over 4 weeks that I shouldn't have gotten.

Overpayments typically include the full amount you weren't entitled to plus a 50% penalty. So your $2,400 could become $3,600 that you owe back. If it's determined to be intentional fraud, there could be additional consequences including disqualification from future benefits.

How did they find out? I'm wondering if I should just come clean before they discover it themselves.

They cross-reference your weekly claims with employer wage reports. Your retail job is probably already reporting your wages to the state, so it's just a matter of time before they catch the discrepancy.

That's what I'm worried about too. Every time I call I just get hung up on or stuck in the phone tree.

Have you tried using Claimyr? I found it on claimyr.com when I was having the same problem getting through to Washington ESD. They basically call for you and get you connected to an actual agent. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of frustration.

What makes the difference between fraud and a mistake in their eyes?

Usually comes down to whether you self-report, how long it went on, and if you can show you misunderstood the rules rather than deliberately hiding work. A month of unreported work is definitely pushing it though.

Really? That gives me hope. How long after he realized his mistake did he call?

like a week maybe? he was scared too but figured it was better than waiting

Wait, you have to report volunteer work too? That seems excessive.

Only if the volunteer work involves any form of compensation - gas money, meals, stipends, etc. Pure volunteer work with no compensation doesn't need to be reported.

I get the frustration, but the rules are actually pretty clear - you just have to report all work and wages. The problem is people don't read the handbook or think they can get away with not reporting.

Clear to WHO? Half the Washington ESD website doesn't even work properly and when you call for clarification you can't get through to anyone!

Should I gather all this before I call, or wait to see what they ask for?

Definitely gather it first. Shows you're taking it seriously and can speed up the resolution process.

From your HR perspective, how often do people get charged with actual fraud versus just overpayments?

Most cases result in overpayment determinations rather than fraud charges, especially for first-time offenses under $5,000. But they take repeat offenses or large amounts very seriously.

Is that actually legit? Sounds too good to be true.

Yeah it's real. They don't ask for your personal info or anything sketchy. Just helps you get through the Washington ESD phone system efficiently.

You can often receive partial benefits if you're working reduced hours, but it depends on how much you earn. Washington ESD has a formula that reduces your weekly benefit amount based on your earnings.

That's what I wish I had known! I thought any work meant no benefits at all, which is why I didn't report it.

I agree the system has problems, but not reporting work isn't really a 'mistake' - it's pretty clearly explained in all the materials they give you when you first apply.

Have you SEEN those materials? It's like reading tax code. They deliberately make it confusing so they can deny claims and recover money.

That's great! What did they say about penalties in your case?

They said since I self-reported and it was my first offense, they'd probably waive the penalty and just require repayment of the overpaid amount. Still have to wait for the formal determination though.

Exactly! I've been doing part-time work throughout my unemployment and just report everything honestly. Still getting some benefits and no stress about getting caught.

I wish I had thought about it that way from the beginning. Lesson learned the hard way.

Good to know. Hopefully it doesn't come to that, but I'll keep it in mind.

Just be prepared with documentation if you do appeal. They want proof of everything - when you worked, what you earned, why you didn't report it initially.

That's exactly what I'm going to do. Thanks everyone for the advice and reality check.

Good luck! Most people who self-report and cooperate fully end up with much better outcomes than those who try to hide it.