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One thing to consider: if the overpayment notice says it's due to unreported earnings, get an official earnings record from every employer you had during your claim period. You can also request your official wage records from ESD themselves as evidence. If there's a discrepancy between what you reported and what employers reported to ESD, that could explain the issue. Also, check whether they're claiming this was a fraudulent overpayment or non-fraudulent. The difference is important for penalties and repayment options. If they're alleging fraud, you'll want to take that very seriously.
Update: I was finally able to get through to ESD this morning. Turns out they somehow duplicated my entire claim history and counted it TWICE, plus they're claiming I didn't report income from a job I never even had! The agent said it looks like a system error combined with possible identity mix-up with someone with a similar name. She's escalating it to a supervisor but said I should still prepare for the hearing just in case it's not resolved by then. Thank you all for your help and advice!
That's actually great news! Make sure you get the agent's ID number or name, and ask them to note all of this in your file. Request that they send you written confirmation of what they found. Having documentation of this conversation could be extremely helpful at your hearing if it's not resolved beforehand.
yeah they ended up paying me everything but it was super stressful waiting! i almost missed a car payment. hope u get yours fixed faster!!
Update: I managed to get through to ESD this morning! Called right at 8:00 AM like someone here suggested and only waited about 20 minutes. The person I spoke with was actually helpful and explained that my adjudications were for: 1. Job separation issue (my employer is claiming I quit) 2. Potential availability issue (because I mentioned possibly taking classes) 3. Wage verification (they need paystubs from a previous job) She expedited my claim due to financial hardship and consolidated the issues under one adjudicator. She said I should hear something within 5-7 business days! Thank you all for your advice - it really helped me understand what was going on and how to address it.
Does anyone know how long these appeal hearings usually last? My friend just went through one and said it was only like 20 minutes, seems way too short to explain everything!
Appeal hearings typically last 30-45 minutes, though they can be shorter or longer depending on complexity. They're surprisingly brief, which is why preparation is so important. The judge follows a standard format: opening statements, employer testimony with cross-examination, claimant testimony with cross-examination, and sometimes closing statements. The key is being concise while including all relevant facts.
I work in HR (different state) and from the employer perspective, this sounds like a badly handled termination that they're now trying to classify as a quit to avoid the UI claim. That's actually against the rules. If they initiated the separation convo by saying "we're letting you go" then it's THEIR decision regardless of whether your husband offered to give notice afterward. One question - did they give any reason for letting him go? If it was something like "position elimination" or "restructuring" that would further support your case that it wasn't a quit.
Jeremiah Brown
I went through an OAH hearing last year and won. Here's what helped me: 1. I organized a binder with tabs for each piece of evidence, numbered to match the exhibits 2. I wrote out answers to likely questions so I wouldn't get flustered 3. I practiced explaining my situation in under 2 minutes (judges appreciate conciseness) 4. I made a simple timeline showing key dates (when housing issue arose, when I notified employer, when I moved, etc.) 5. I had documentation showing I'd been applying for jobs consistently Stay calm during the hearing, address the judge respectfully, don't interrupt anyone, and stick to the facts. The judge will likely ask if you've reviewed all exhibits - make sure you have! Definitely use the Unemployment Law Project - they can review your case and might even represent you at the hearing if they have availability.
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Daniel Washington
•Thank you! I really like the binder idea with tabs matching the exhibits. I'll definitely do that. And writing out answers to practice is smart - I tend to ramble when I'm nervous. Did you have to wait long for the decision after your hearing?
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Jeremiah Brown
•I got my decision in about 10 days, but I've heard it can take up to 2-3 weeks. One more tip: if the employer has submitted something that's factually wrong, don't get angry or argumentative - just calmly present the evidence that contradicts it. The judges really respond well to a professional, factual approach even when you're disproving the other side's claims.
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Anthony Young
btw did they actually told u why they denied u? my letter was so vague i had no idea what they were even saying i did wrong lol
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Daniel Washington
•My denial letter said I "voluntarily quit without good cause" and something about not having evidence of work relocation. But nothing specific about WHY they didn't think my housing crisis was good cause. Super frustrating!
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