r/UnemploymentWA • u/Sorry_Beach_187 • 19d ago
Employer appeals after 12k in benefits, am i screwed?
So in about January I had left my job but they told me to resign or get terminated. Prior to that I put my two week notice due to doing school but the whole thing is I was forced to put my two week notice because they did not let me use there employee tuition reimbursement program. The hr lady even told me to file unemployment and that they would not fight. Mind you this is a big company. I ended up filing and was in adjudication for about 11 weeks and ended up winning and back payed. Fast forward a month later I’m about 15 weekly claims in and now I got a notification they are trying to appeal it. There only evidence is the copy of the two week notice I put. I put that in my claim and everything though that I put a two week notice as I was forced to resign as they wouldn’t let me use tuition reimbursement. I know I will have a hearing with OAH. What do you see happening? Thanks. I really hope I don’t owe all this money back now.
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u/Shot_gun_lace 18d ago
I personally wouldn’t stress about them appealing. Employers appeal to fight to avoid their employment taxes going up when they have so many claims per quarter. If I were you, I would file an L&I claim for them singling you out on a program they offer (tuition reimbursement) and then let them know they are retaliating by trying to argue your benefits. Both systems work together and you communicating with both sides ensures your protection. If you do file with L&I, make sure to screenshot your complaint number when you get your notification your complaint has been received and then send that to ESD (the site where you file your claims) and submit that document and explain it’s your proof of retaliation. Even if you don’t have much proof, you are atleast proactively protecting yourself and your rights. Best of luck!!
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u/Ok_Lingonberry_4416 19d ago
unless you have proof of literally everything else to counteract the 2 week notice, you might be cooked. but it never hurts to speak to the judge and see. but again, youre going to need some very solid evidence.
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u/Sorry_Beach_187 19d ago
So as in counteract the 2 week notice how do i go about that?
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u/Ok_Lingonberry_4416 19d ago
you will need proof of the other things you mentioned. proof of you being forced to resign, etc.
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u/Ok_Lingonberry_4416 19d ago
and always remember that HR is there to protect the company, not the employees.
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u/Sorry_Beach_187 19d ago
I gave the notice because I was trying to handle the situation professionally and avoid a 5 year job termination on my record. I was dealing with a schedule conflict that I understood could not be resolved, and I still hoped I might return after completing school to become maintenance. The reason it all happened is because I was begging and pleading to use the tuition reimbursement program they offer so I can move up in the company. I put the two week notice and after a couple days with work/school conflict still happening they gave me a call and told me either be terminated that day or resign that day, forcing me to resign. That phone call I will not be able to prove so I’m sure they will lie about that.
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u/Ok_Lingonberry_4416 19d ago
yeah unfortunately you might be cooked. also, no one knows youre fired from somewhere unless you tell them or they call for a reference which pretty much no one does anymore. but imo, I dont see this playing out good as they have the main thing needed that will disqualify you quickly from unemployment: resigning.
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u/Sorry_Beach_187 19d ago
How would I have to pay them back? I’m lost when it comes to that.
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u/Ok_Lingonberry_4416 19d ago
also, ive had a company appeal mine but not show up to the courtdate so I won. you just truly dont know unless you try.
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u/Sorry_Beach_187 19d ago
Do you have any idea why it would’ve been approved in the first place ?
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u/Ok_Lingonberry_4416 19d ago
employer probably didnt respond.
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u/Sorry_Beach_187 19d ago
Yeah, I wonder if the HR lady will show up to the hearing. She is the one listed as there person who will show up on call. Thanks for all your info though. Crappy situation
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u/Ok_Lingonberry_4416 19d ago
theyll take your entire tax refund every year & garnish your paychecks until paid off.
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u/Ok_Lingonberry_4416 19d ago
my mom was overpaid by like $600 & they QUICKLY got a paycheck garnishment order done. and yes. dont just give up and not go. show up and tell your side. worst case scenario is that you have to pay it all back. theres literally only 2 things that can happen. still show up and try.
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u/Sorry_Beach_187 19d ago
Thanks man. It just sucks because I truly wish I would’ve never even got approved if I knew this was gonna happen.
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u/Sorry_Beach_187 19d ago
Ultimately I don’t know how I would pay back 13 grand of unemployment. I don’t have the money and am not working as I’m still doing school.
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u/DoneHadEnough 19d ago
So you already received those past weeks in payment and now they are appealing zand wanting the money back?
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u/Sorry_Beach_187 19d ago
Yeah I’ve receiving payments for like 15 weeks and now there appealing the claim, if I lose I’ve been told I will have to pay back
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u/Regular_Monk9923 17d ago
The hr lady even told me to file unemployment and that they would not fight
They are required to tell you about unemployment. What do you expect them to tell you? "Apply but you won't qualify". They are trying to make you leave. They don't want you to argue with them about wether or not you qualify.
✓I was forced to resign as they wouldn’t let me use tuition reimbursement
You weren't "forced" for resign because they didn't want you to use their tuition reimbursement. Your school was becoming a conflict and you're not saying it here but I'm assuming you were trying to reduce your hours and they didn't want that. That's a lot different.
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u/Sorry_Beach_187 17d ago
I was trying to work around the hours, they are a 24 hour running plant. Do you think I will lose this?
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u/Early-Mix6508 16d ago
You don’t actually have to pay it back, you just won’t be able to collect unemployment in Washington until you do.
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u/Sorry_Beach_187 15d ago
Really ??? How do you know??
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u/OwnWin4362 14d ago
I would listen to the esd website : “If your payments are late for 2 billing cycles, we will begin deducting what you owe from any benefits you are getting. This is an offset. There are some situations where we will offset 100% of your benefits. You can find these deductions under “Intercepts” in eServices. Withheld income tax and child support are also listed there.
If your account is past due, we may file a lien in Superior Court against your real or personal property. This means we may garnish your wages or bank account. We also may deduct from your federal income tax-refund or lottery winnings. If you file for bankruptcy, you may still be responsible for repaying the debt.”
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u/Sorry_Beach_187 14d ago
I’m screwed? Well I haven’t exactly lost the appeal yet either. What do you think is gonna happens
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u/Jcarlough 18d ago
I’m not following why you thought you’d be eligible.
You put in notice - to go to school? The whole “not letting me use their tuition reimbursement program” isn’t a suitable reason to resign - at least for unemployment.
What’s the relevance of the “resign or get fired?” You already told them you were leaving.
Are you going to school? Or was simply being denied the referenced benefit the reason you decided to leave?
Are you meeting the “ready, willing, and able to work” requirement if you are going to school?
Regardless, I think you’re paying back the money you received. There’s nothing you stated that indicates that the employer took the separation action. You did.