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Chloe Mitchell

Will EDD approve my UI claim if fired after employer denied ADA accommodation?

Just got fired last Friday and I'm trying to figure out if I qualify for EDD benefits. My company let me go after they said they "couldn't accommodate" my disability needs under ADA. I have a documented back injury that required minimal adjustments (mostly just a standing desk and flexible break times to do stretches), but they claimed it would cause "undue hardship" for my position as a customer service rep. They didn't even try to find me another position - just terminated me and handed me my final check. Does anyone know if this would qualify me for unemployment? I'm worried they'll try to claim I was fired "for cause" or something, but the only reason was they didn't want to make ADA accommodations. I've worked there for 3 years with solid performance reviews until I requested accommodation 3 months ago. Any insight would be super helpful because rent is due soon and I'm freaking out about finances.

Yes, you should be eligible for UI in this case. When an employer terminates you because they can't/won't accommodate a disability, it's generally considered a layoff through no fault of your own. Make sure to be 100% honest in your application about why you were terminated. Don't say you quit - tell them exactly what happened. When you have your eligibility interview with EDD, have documentation ready showing: 1. Your ADA accommodation request 2. Any doctor's notes supporting your condition 3. The employer's response denying accommodation 4. Your termination notice EDD will likely contact your employer for their side, but in my experience, if you were terminated solely because they wouldn't accommodate your disability, you have a strong case.

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Thank you so much! I was worried because my termination letter just says "unable to perform essential job functions" but doesn't mention they refused accommodations. Should I upload my emails requesting accommodation when I file my claim or wait for the interview? I'm applying tonight and just want to make sure I do everything right.

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THis EXACT thing happened to me last yr!! They cant just fire u for needing accomodation!! The ADA law is supposed to PROTECT us!!! My company fired me for needing a modified schedule for my anxiety/depression and EDD approved me no problem. They even tried to say i was "not meeting expectations" but EDD saw right through it. UI is for when ur unemployed for reasons NOT YOUR FAULT and needing accomodations is NOT YOUR FAULT!!!

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exactly!!!!! companies think they can just ignore ada requirements and get away with it. glad u got approved! gives me hope for the OP's situation

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From an eligibility standpoint, you have a strong case for benefits. When you file your claim, make sure to carefully answer the question about why you're no longer working. Select "Discharged" not "Quit" and when it asks for details, explain that your employer terminated you after determining they couldn't accommodate your ADA request. Be aware your employer will likely contest your claim by arguing either: 1) You couldn't perform essential job functions (which isn't disqualifying if reasonable accommodations would have enabled you to do so) 2) The accommodations presented undue hardship (which is their burden to prove) Make sure you certify for benefits every two weeks while your claim is being processed. When you get your eligibility interview scheduled (which could take 2-4 weeks right now), have all your documentation ready.

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Thank you for the detailed explanation! I started my claim online but got stuck in an endless loop when trying to complete it. Is there any way to actually talk to someone at EDD about my specific situation before my interview? I've tried calling the main number about 20 times but it just disconnects me saying there are too many callers.

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If you're having trouble reaching EDD, try using Claimyr. It's a service that gets you through to an EDD agent without having to redial a million times. I used it last month when I had issues with my claim and got through in about 20 minutes instead of spending days trying. Just go to claimyr.com and check out how it works - they have a video demo at https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km that shows the process. It's especially helpful for complicated situations like yours where you really need to talk to a human.

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i tried claimyr too when my claim was stuck and it actually worked. kinda sucks we have to use a service just to talk to EDD but it saved me like 3 days of constant redialing

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Thanks for the suggestion! I'll check this out. At this point I'd try almost anything to get some answers because I'm so stressed about this whole situation.

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i got denied for something similar but it was my fault i think. i asked for accommodations after i already got written up twice for attendance. they fired me when i asked for a modified schedule and edd sided with them because of the prior write-ups. sounds like your situation is different since you had good reviews before asking for accommodations. good luck!!!

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Make sure you understand that this process might take some time. Right now EDD has a backlog, and contested claims (which yours might be) often require an eligibility interview. These interviews are currently being scheduled about 2-6 weeks out depending on case complexity. In the meantime: - Certify for benefits on time every two weeks, even if your claim shows pending - Keep detailed records of all communications with your former employer - Document your job search efforts (EDD currently requires you to look for work) - If your claim is initially denied, immediately file an appeal (you have 30 days) Based on what you've described, you have strong grounds for UI benefits, but be prepared for a possible appeal process if your employer contests.

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This is really helpful - thank you. Should I apply for State Disability Insurance (SDI) as well, or just unemployment? My doctor suggested I might qualify for both, but I'm not sure if that's possible or if it would complicate things.

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UI and SDI are mutually exclusive programs - you can't collect both simultaneously. SDI is for when you cannot work due to a medical condition, while UI requires you to certify that you're able and available to work. Based on what you described, UI seems more appropriate since you're able to work with accommodations. If your medical condition worsens to the point where you cannot work at all, you could switch to SDI, but you'd need medical certification from your doctor stating you're unable to work.

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One more important point: if your employer tries to say you were fired for misconduct or poor performance, EDD will investigate during your eligibility interview. The burden of proof is on the employer to show there was actual misconduct, not just inability to perform duties without accommodation. If they terminated you specifically because they couldn't accommodate your disability, that's generally considered a "no-fault separation" and you should qualify. The key is making sure EDD understands you were willing and able to do your job with reasonable accommodations. Also, document everything - save all emails, texts, and written communications about your accommodation requests and their responses. If your interview was by phone, write down what you remember about the conversation right away while it's fresh in your mind.

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my cousin works in HR and she says companies HATE when people file for unemployment after being let go for disability accommodation issues because they almost always lose those cases unless the person really couldn't do the job at all even with accommodations. so your chances are pretty good!!

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That's encouraging! I'm going to gather all my documentation tonight and make sure I have everything ready for when they contact me. Just submitted my claim online and now it's the waiting game... Thanks everyone for the helpful advice!

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Just wanted to add that you should also consider filing a complaint with the EEOC (Equal Employment Opportunity Commission) about your employer's failure to provide reasonable accommodations. You have 180 days from the date of termination to file, and it's completely separate from your unemployment claim. Even if you don't pursue legal action, having an EEOC complaint on file can actually strengthen your UI case because it shows a pattern of discrimination. The EEOC complaint won't affect your unemployment benefits timeline, but it creates an official record that your employer violated ADA requirements. Plus, if you decide to pursue legal action later, you need to file with EEOC first anyway. You can file online at eeoc.gov or call 1-800-669-4000. It's free and you don't need a lawyer to file the initial complaint. Given that you had 3 years of good performance reviews and they fired you within 3 months of requesting accommodation, you have a really strong case for both UI benefits and potential ADA violations.

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I went through something very similar about 8 months ago and want to share what worked for me. My employer terminated me after I requested accommodation for my chronic pain condition (needed ergonomic equipment and occasional work-from-home days). Here's what I learned that might help you: 1. **Be very specific in your UI application** - When they ask why you were terminated, I wrote exactly: "Employer terminated me after determining they could not provide reasonable accommodations for my documented disability as required under ADA." Don't sugarcoat it. 2. **The eligibility interview is crucial** - They scheduled mine about 3 weeks after I filed. The interviewer asked detailed questions about my accommodation requests, my job performance before requesting accommodations, and whether I could perform the essential functions of my job with accommodations. Having all my documentation organized made a huge difference. 3. **Your employer will likely contest** - Mine did, claiming I couldn't perform "essential job functions." But since I had emails showing I specifically requested accommodations that would have allowed me to do my job, EDD ruled in my favor. 4. **Timeline was about 5 weeks total** - From filing to getting my first payment. The contested claim added about 2 weeks to the process. I was approved and received benefits for 4 months while I found a new job with an employer who actually values ADA compliance. Your situation sounds even stronger than mine was since you had 3 years of good reviews. Stay strong - you've got this!

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This is exactly what I needed to hear! Thank you so much for sharing your experience. It gives me hope that someone went through something so similar and came out okay. I'm definitely going to use your wording about being "terminated after employer determined they could not provide reasonable accommodations" - that's much clearer than what I was trying to say. Did your employer try to argue that the accommodations would cause "undue hardship" during the EDD investigation? That's what they claimed in my case and I'm wondering how EDD handles that excuse. Also, were you able to work during those 5 weeks while waiting for approval, or did you have to wait until everything was resolved? I'm feeling much more confident about this now. Thank you for taking the time to write such a detailed response!

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Yes, my employer absolutely tried the "undue hardship" argument! They claimed that providing ergonomic equipment and allowing occasional remote work would be too expensive and disruptive. But here's the thing - EDD actually looks at the specifics of what you requested versus what the employer claims is burdensome. In my case, the ergonomic chair and keyboard would have cost maybe $500 total, and remote work was already being done by other employees during COVID. The EDD interviewer asked detailed questions about the size of my company (about 200 employees), their revenue, and whether similar accommodations had been provided to others. When it became clear my employer was just making excuses rather than having legitimate hardship, EDD sided with me. For the 5 weeks - I couldn't work because I was still dealing with my condition and job searching. But if you're able to work, you're actually required to look for employment and be available for work while your claim is pending. You'd need to certify every two weeks that you're actively seeking work, which can actually help your case by showing you're willing and able to work with proper accommodations. The key is having documentation that shows your requested accommodations were reasonable and wouldn't truly create hardship for an employer of their size and resources. Good luck with your claim!

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I'm sorry you're going through this - it's incredibly stressful to lose your job and worry about finances, especially when you feel like you were treated unfairly. Based on what you've described, you have a very strong case for UI benefits. The fact that you worked there for 3 years with solid performance reviews until requesting accommodations 3 months ago creates a clear timeline that works in your favor. EDD will look at whether you were terminated due to misconduct or inability to perform essential job functions - but needing reasonable accommodations isn't misconduct, and if simple accommodations like a standing desk and flexible breaks would have allowed you to do your job, then you weren't truly unable to perform essential functions. A few things to keep in mind as you navigate this process: - When you file your claim, be completely honest about the circumstances. Select "discharged" and explain that your employer terminated you after determining they couldn't accommodate your disability - Start looking for work immediately and document your job search activities - this shows EDD you're able and available for work with accommodations - Keep all your documentation organized: accommodation requests, medical notes, performance reviews, termination letter, and any communications with your employer - Be prepared for your employer to contest the claim, but don't let that discourage you - many employers contest legitimate claims hoping people won't fight back The accommodation requests you described (standing desk and flexible breaks) sound completely reasonable for most customer service positions. EDD will evaluate whether your employer had legitimate reasons for denial or if they were just avoiding their ADA obligations. Stay strong and don't let them intimidate you out of filing for benefits you're entitled to!

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Thank you so much for the encouragement and practical advice! You're absolutely right about being completely honest - I was second-guessing myself about how to phrase things, but after reading everyone's responses I feel much more confident about stating the facts clearly. I've already started documenting my job search activities and organizing all my paperwork. It's actually helpful to have something productive to focus on instead of just worrying. The timeline you mentioned about having 3 years of good reviews really does help put this in perspective - there's a clear pattern showing this was about the accommodation request, not my job performance. I'm trying to stay positive and remember that I did nothing wrong by asking for reasonable accommodations. Companies shouldn't be able to just fire people to avoid their ADA responsibilities. Fingers crossed the process goes smoothly, but I feel much better prepared now thanks to everyone's advice here!

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I'm really glad you found this community and are getting such helpful advice! Your situation sounds very similar to what I went through last year when my employer terminated me after I requested accommodations for my chronic illness. One thing I wanted to add that might help: when you have your EDD eligibility interview, be prepared for them to ask very specific questions about what accommodations you requested and why they were necessary for you to do your job. The interviewer in my case wanted to understand exactly how my requested accommodations (which were also pretty minimal) would have enabled me to perform my essential job functions. It really helped that I had printed out the job description from when I was hired and could show how the accommodations wouldn't prevent me from doing any of the core responsibilities listed. If you still have access to your original job posting or employee handbook, grab those documents too. Also, don't be surprised if the process takes longer than expected - mine took about 6 weeks total because my employer contested it, but I was ultimately approved and received back pay for the entire period. The stress during those weeks was awful, but it was worth fighting for. You clearly know your rights and have strong documentation, so I'm confident you'll get through this. Hang in there, and remember that asking for reasonable accommodations is completely legal and appropriate - your employer is the one who messed up here, not you.

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Thank you for sharing your experience! The tip about having the original job description is brilliant - I never would have thought of that but it makes perfect sense to show how the accommodations wouldn't interfere with core responsibilities. I actually do still have my offer letter and the job posting saved in my email, so I'll definitely print those out. Six weeks sounds like a long time to wait, especially when you're stressed about money, but knowing that you got back pay for the whole period is reassuring. I'm trying to prepare myself mentally for this to potentially drag out, but hearing success stories like yours really helps keep me motivated to see it through. You're absolutely right that I did nothing wrong by requesting accommodations. It's wild that employers think they can just fire people to avoid basic ADA compliance, but I guess that's why we have these protections in place. Thanks for the encouragement - it really means a lot to know others have been through this and come out okay!

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I'm so sorry you're dealing with this situation - it's incredibly frustrating when employers try to avoid their ADA obligations by just firing people instead of providing basic accommodations. Based on everything you've described, you definitely have strong grounds for UI benefits. The accommodations you requested (standing desk and flexible breaks) are textbook examples of "reasonable accommodations" - they're minimal cost, wouldn't disrupt operations, and would allow you to perform your job duties. The fact that your employer didn't even explore alternatives or discuss the specifics before terminating you actually strengthens your case. A few additional thoughts: - Make sure to mention in your application that you were "willing and able to work with reasonable accommodations" - If possible, get a letter from your doctor explaining how the accommodations would enable you to perform your job functions - Keep records of any job applications you submit while your claim is pending - EDD wants to see you're actively seeking work Your employer's termination letter saying "unable to perform essential job functions" without mentioning they refused accommodations is actually pretty telling. During your interview, EDD will likely ask them to justify why they couldn't provide a standing desk and flexible breaks - and "undue hardship" is going to be very hard for them to prove for such basic requests. You've got solid documentation and a clear timeline showing this was retaliation for requesting accommodations. Don't let them scare you out of benefits you're absolutely entitled to. Good luck!

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This is such great advice, especially about getting a letter from my doctor! I hadn't thought about that but it makes total sense to have medical documentation explaining exactly how those accommodations would enable me to do my job properly. I'm going to call my doctor's office tomorrow to request that. You're absolutely right about their termination letter being telling - the fact that they completely omitted their refusal to accommodate speaks volumes about how they know they messed up. A standing desk and flexible breaks for a customer service position is hardly an "undue hardship" for any reasonably sized company. I'm feeling much more confident about this whole situation after reading everyone's responses here. It's clear I'm not alone in dealing with employers who think they can just ignore ADA requirements, and it's encouraging to see so many people successfully navigate this process. Thank you for taking the time to share such detailed and helpful advice!

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I'm so sorry you're going through this - losing your job after requesting basic accommodations is incredibly stressful and unfair. From everything you've described, you absolutely should qualify for UI benefits. The fact that you had 3 years of solid performance reviews and were only terminated after requesting accommodations creates a very clear timeline that works in your favor. I went through something similar about 18 months ago when my employer fired me after I requested accommodations for my ADHD (just flexible scheduling and the ability to use noise-cancelling headphones). Like you, they claimed "undue hardship" for what were really minimal requests. EDD approved my claim after about 4 weeks, even though my employer contested it. A few things that helped me: - I kept copies of ALL communications about my accommodation requests - During my EDD interview, I emphasized that I was willing and able to work WITH accommodations - I had a letter from my doctor explaining why the accommodations were necessary for me to perform my job functions Your requests for a standing desk and flexible breaks are so reasonable - any employer claiming those create "undue hardship" for a customer service role is going to have a very hard time proving that to EDD. The fact that they didn't even try to work with you or explore alternatives shows they were just looking for an easy way out of their ADA obligations. File your claim as soon as possible and don't let them intimidate you. You deserve these benefits, and from what you've shared, you have a very strong case. Hang in there!

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Thank you for sharing your experience - it's really reassuring to hear from someone who went through almost the exact same thing and came out successful! The accommodations you requested (flexible scheduling and noise-cancelling headphones) sound very similar to mine in terms of being completely reasonable requests that any decent employer should be able to handle. I'm definitely going to follow your advice about keeping copies of all communications - luckily I saved everything in a folder when this whole mess started because I had a feeling it might come to this. The tip about getting a doctor's letter is something I keep hearing, so I'm definitely calling tomorrow to request that. It's honestly mind-boggling that employers think they can just claim "undue hardship" for basic accommodations like these. A standing desk costs what, maybe $200-300? And flexible breaks don't cost them anything at all. But I guess some companies would rather deal with unemployment claims and potential lawsuits than spend a few hundred dollars to keep a good employee. Thanks for the encouragement - hearing success stories like yours really helps me feel more confident about fighting this. I'm not going to let them get away with discriminating against me just because it's easier than doing the right thing!

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I'm really sorry you're going through this situation - it's incredibly stressful to lose your job, especially when you feel like you were treated unfairly for simply asking for basic accommodations you're legally entitled to. Based on what you've described, you have an excellent case for UI benefits. The key factors working in your favor are: 1. **Strong work history** - 3 years of solid performance reviews shows you were a capable employee 2. **Clear timeline** - Problems only started after requesting accommodations 3 months ago 3. **Reasonable requests** - A standing desk and flexible breaks are textbook reasonable accommodations 4. **Employer's failure to engage** - They didn't try alternatives or discuss specifics before terminating you When you file your claim, make sure to: - Select "discharged" not "quit" - Be specific: "Terminated after employer determined they could not provide reasonable ADA accommodations" - Keep all documentation organized for your eligibility interview - Start job searching immediately and document your efforts Your employer will likely contest the claim arguing "undue hardship," but EDD will examine whether accommodations costing a few hundred dollars truly create hardship for your company. Most employers lose these contests unless they can prove genuine operational or financial burden. The process might take 4-6 weeks, especially if contested, but based on similar cases shared here, you should ultimately be approved. Don't let them intimidate you out of benefits you've earned - you did nothing wrong by requesting legal accommodations. Stay strong and document everything. You've got this!

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This is such comprehensive and helpful advice, thank you! I really appreciate you breaking down all the key factors that work in my favor - it helps me see this situation more objectively instead of just feeling overwhelmed and stressed about it. You're absolutely right that a standing desk and flexible breaks are textbook reasonable accommodations. When I think about it rationally, it's pretty ridiculous that they claimed "undue hardship" for requests that would cost them maybe $300 total and wouldn't impact anyone else's work. But I guess some employers just don't want to be bothered with doing the right thing. I'm going to use your exact wording when I file - "Terminated after employer determined they could not provide reasonable ADA accommodations" is much clearer than what I was trying to say. And I'll make sure to keep documenting my job search efforts starting immediately. 4-6 weeks feels like forever when you're worried about rent and bills, but knowing that others have successfully fought similar contests gives me hope. I'm not going to let them get away with discrimination just because it's easier for them than spending a few hundred dollars to keep a good employee. Thanks for the encouragement!

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I'm so sorry you're dealing with this - it's absolutely infuriating when employers think they can just fire people to avoid their basic ADA obligations. Based on everything you've shared, you have a really strong case for UI benefits. What really stands out to me is that you had 3 years of solid performance reviews and only got terminated after requesting accommodations 3 months ago. That timeline alone tells the whole story - this wasn't about your ability to do the job, it was about them not wanting to spend a few hundred dollars on a standing desk and allow flexible breaks. The accommodations you requested are incredibly reasonable for a customer service position. I mean, come on - a standing desk and flexible breaks? That's hardly going to bankrupt a company or disrupt operations. The fact that they didn't even try to work with you or explore alternatives before firing you actually strengthens your case because it shows they weren't acting in good faith. When you file your claim, definitely be specific about why you were terminated. Don't let them frame this as you being unable to do your job - you were willing and able to work with basic accommodations that any reasonable employer should provide. Their termination letter saying "unable to perform essential job functions" without mentioning they refused accommodations is pretty telling about how they know they screwed up. EDD sees cases like this all the time, and employers who fire people to avoid accommodation costs usually lose when they try to contest UI claims. Hang in there - you did absolutely nothing wrong, and you deserve these benefits!

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You've hit the nail on the head about that timeline being so telling! It's honestly shocking how blatant some employers are about this stuff - like they think people won't notice the obvious connection between requesting accommodations and suddenly getting fired after years of good performance. I'm actually getting more angry than stressed at this point, which I think is healthier. A standing desk and flexible breaks for a back injury is literally the most basic accommodation you could ask for. The fact that they couldn't even be bothered to have a real conversation about it before just terminating me shows they never intended to comply with ADA requirements in the first place. Thanks for pointing out how their termination letter actually works against them - I hadn't thought about it that way but you're totally right. If I really couldn't perform essential job functions, why didn't this come up in any of my performance reviews over 3 years? It only became an "issue" after I asked for accommodations, which pretty clearly shows what this was really about. I'm feeling much more confident about fighting this now. They picked the wrong person to discriminate against!

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I'm really sorry you're going through this situation - it's incredibly frustrating and stressful to lose your job after simply requesting basic accommodations that you're legally entitled to under the ADA. From everything you've described, you have a very strong case for UI benefits. The key factors working in your favor are clear: 3 years of solid performance reviews, termination only occurring after requesting reasonable accommodations, and an employer who didn't even attempt to engage in the interactive process required under ADA law. A standing desk and flexible breaks for a back injury are textbook examples of reasonable accommodations that would typically cost an employer very little and wouldn't fundamentally alter the nature of your customer service role. Their claim of "undue hardship" for such minimal requests is going to be very difficult for them to justify to EDD, especially if you worked for a company of any reasonable size. When you file your claim, make sure to: - Select "discharged" rather than "quit" - Be specific about why you were terminated: "Employer terminated me after determining they could not provide reasonable ADA accommodations for my documented disability" - Gather all your documentation: accommodation requests, medical records, performance reviews, and their response - Start documenting your job search efforts immediately Your employer will likely contest the claim, but based on similar cases shared in this community, employers rarely succeed when they've clearly terminated someone to avoid accommodation costs rather than for legitimate performance or misconduct reasons. Stay strong and don't let them intimidate you out of benefits you've rightfully earned. You did absolutely nothing wrong by requesting legal accommodations, and you deserve support while you find an employer who actually values ADA compliance.

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Thank you so much for this detailed breakdown! I really appreciate you taking the time to explain all the key factors and walk me through exactly what I need to do. It's incredibly helpful to have everything laid out so clearly when I'm feeling overwhelmed by all of this. You're absolutely right that their "undue hardship" claim is going to be hard to justify - we're talking about maybe $300 for a standing desk and literally zero cost for flexible breaks. I worked for a company with over 150 employees, so there's no way they can legitimately claim financial hardship for such basic accommodations. I'm going to use your exact wording when I file my claim tomorrow. Having that specific language about being "terminated after employer determined they could not provide reasonable ADA accommodations" is so much better than trying to figure out how to explain it myself. It's really encouraging to hear that employers rarely win these contests when they've clearly fired someone to avoid accommodation costs. I was worried they might try to claim it was performance-related, but with 3 years of solid reviews and this only happening after I requested accommodations, the timeline speaks for itself. Thanks for reminding me that I did nothing wrong here - sometimes you need to hear that when you're dealing with discrimination. I'm feeling much more confident about fighting this now!

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I'm so sorry you're dealing with this - it's incredibly stressful to lose your job after requesting basic accommodations that should have been easily provided. Based on what you've shared, you absolutely have a strong case for UI benefits. The timeline you've described is really telling: 3 years of solid performance reviews, then termination just 3 months after requesting accommodations. That's textbook retaliation for ADA requests, not legitimate performance issues. A standing desk and flexible breaks are among the most reasonable accommodations you could ask for - we're talking about minimal cost and zero operational disruption. When you file your claim, be very clear that you were "discharged after employer refused to provide reasonable ADA accommodations." Don't let them frame this as inability to perform essential functions - you were willing and able to work with basic accommodations that any decent employer should provide. Make sure you have all your documentation ready: your accommodation requests, any medical notes about your back injury, your performance reviews showing good standing before the accommodation request, and their termination notice. The contrast between your solid work history and sudden termination after requesting accommodations will be very clear to EDD. Your employer will likely contest this claim, but honestly, claiming "undue hardship" for a standing desk and flexible breaks is going to be nearly impossible for them to prove. EDD sees right through these situations where employers fire people to avoid their ADA obligations. You did absolutely nothing wrong here - you followed the proper process for requesting legal accommodations and they chose discrimination over compliance. Fight for those benefits - you've earned them and you deserve support while finding an employer who actually respects workers' rights.

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