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Update on tax refund protection: I should clarify that Form 8379 (Injured Spouse) only works if the overpayment is only in your husband's name and you file jointly. The form protects your portion of the refund, not his. Another option is to request a Payment Trace from ESD confirming you have an active appeal. With documentation of an active appeal, you can sometimes prevent the tax intercept until the appeal is resolved. One thing that hasn't been mentioned: check if your husband received any communication from ID.me (the third-party verification service ESD uses). Sometimes the verification needs to happen through their system, not just by uploading documents to ESD directly.
my cousin had this exact issue last year and what fixed it was going in PERSON to a WorkSource office with all his ID docs. took 3 hours of waiting but he got someone to actually look at his stuff and fix it in the system. not all WorkSource offices can help with claims but some can!!
One additional recommendation: Keep a copy of your response and any documentation you send to ESD. Take a photo or make a photocopy before mailing. If you can submit online through your eServices account, that's even better as it creates an electronic record. Having documentation of your timely response can be crucial if there's any follow-up required.
One more important tip: While waiting for your appeal hearing, make sure you're actively seeking work and documenting your job search activities (minimum 3 per week). Even though your claim is denied and under appeal, you'll need to show you've been meeting all requirements during this time if you want to receive backpay for these weeks once you win your appeal.
Thank you everyone for all this helpful information! I feel much better knowing what to expect now. I'll keep an eye on my mail, continue filing my weekly claims, and start gathering all my evidence to be prepared for the hearing. Really appreciate all of you taking the time to share your experiences!
i had almost the exact same situation last year except i quit because of workplace harassment not family reasons. took forever to get a hearing but when i finally did i won my case! hang in there and def keep all your documentation organized. the judge at my hearing was actually pretty fair once i got there.
Update: I contacted my state representative's office this morning and amazingly they were super helpful! The staff person took down all my info and said they'd reach out to ESD on my behalf. I also tried the Claimyr service that someone recommended here, and I FINALLY got through to an actual ESD agent. They told me my hearing is actually scheduled for April 8th but the notice was just sent out yesterday! Talk about cutting it close. Anyway, I'm now frantically organizing all my documentation. Thank you all for the advice and support. This system is absolutely broken, but at least I have a date now and can prepare my case.
Great news! Now that you have a date, here's what I recommend: 1. Create a timeline of events with specific dates 2. Organize your documentation by relevance to your reason for leaving 3. Practice explaining your situation concisely (the judge will appreciate brevity) 4. Be ready to explain why you're now working part-time at the same employer Good luck with your hearing, and let us know how it goes.
Maxwell St. Laurent
I tried appealing without a lawyer and lost. My situation was different (attendance issues) but the whole process was confusing and intimidating. If you can get a free consultation with an unemployment attorney, might be worth it. Some will take cases on contingency if they think you have a good chance of winning. Just my 2 cents.
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Alberto Souchard
•I think attendance issues are harder to win because there's usually clear documentation. The OP's situation with changing procedures and lack of training is much more likely to be successful without a lawyer.
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Talia Klein
One thing to add that others haven't mentioned: once you request the appeal, start preparing a written statement. The judge will ask you to explain your side first. Having a clear, chronological explanation prepared will make a huge difference. Also, the legal definition of misconduct for unemployment in Washington is very specific - it's not the same as what an employer might consider grounds for firing. The employer must prove: 1. Your actions were deliberate violations of policies 2. Your behavior was not an error in judgment or ordinary negligence 3. Your actions harmed their business interests Since this was about changes to inventory procedures without proper training, you have an excellent chance of winning. Just be organized and factual in your presentation. Good luck!
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Nia Watson
•Thank you! I'm feeling much more hopeful now. I'll start organizing my timeline and evidence today, and I'll definitely keep filing my weekly claims in the meantime.
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