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There's also a timing factor with strikes that most people don't realize. The labor dispute disqualification has a "waiting week" too - so sometimes very short strikes (under a week) don't even come into play with unemployment because by the time you could file and serve your waiting week, you're back at work anyway. Probably why there's so much confusion about this topic.
That's a really good point! Our strike lasted 3 weeks, so we definitely hit that threshold. But for shorter actions, it probably doesn't even matter.
my mom works for esd (not saying this as official advice just what she told me) and she said the big difference is that with strikes theyre looking at if you are "directly involved in the labor dispute" vs if you quit they're looking at if you had "good cause" which is a totally different standard. so its not really a fair comparison to begin with
This is an excellent point. ESD applies different sections of the law to different situations. For voluntary quits, they look at RCW 50.20.050 regarding "good cause" provisions. For labor disputes, they apply RCW 50.20.090 which has completely different criteria. They're evaluated under separate standards.
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I had almost the exact same situation in January. Governor's office said I'd get a call the next day, and nothing happened. I waited 3 days, then called the Governor's office back. They apologized and escalated again. Got a call from ESD the next morning at 8:15am, and they resolved my adjudication that same day. My advice: be persistent with the Governor's office. They're actually trying to help, but sometimes your request falls through the cracks on the ESD side. Good luck!
btw if ur really down to ur last $47 u should call 211 right away they can connect u with emergency rent assistance while ur waiting for unemployment to come thru
That's really good advice, thank you! I'll call them tomorrow morning. I've never used 211 before but at this point I need all the help I can get.
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One thing that helped me was gathering evidence that other employees had similar accommodations granted. Do you know if anyone else at your company ever received the same or similar accommodation that you requested? That could really strengthen your case with ESD by showing the company was being discriminatory specifically to you.
That's a really good point! Now that I think about it, there was someone in another department who got a similar accommodation last year. I'm still in touch with a few former coworkers - I'll ask if they'd be willing to provide statements about this. Thank you for the suggestion!
Based on what you've shared, I think you have a strong case. ESD typically considers these factors in determining if you quit or were effectively discharged: 1. Did you take all reasonable steps to preserve your employment? 2. Was the employer's action or inaction the real cause of separation? 3. Would a reasonable person in your situation with your medical constraints feel compelled to leave? The fact that your doctor specifically stated you should seek other employment if accommodations weren't possible creates a compelling argument that you had no reasonable alternative. Just make sure ESD has this documentation clearly spelled out. 8 weeks is unfortunately not unusual for complex adjudication cases, especially those involving medical issues and potential discrimination.
Thank you for laying this out so clearly. I definitely did try to preserve my employment by providing the accommodation request and giving them the chance to work with me. I guess I just need to keep being patient and make sure they have all the documentation. It's just so frustrating being in financial limbo for 8+ weeks while they decide.
Tami Morgan
One more important thing to consider: if you do quit, continue filing weekly claims while your eligibility is being determined, even though you won't receive benefits immediately. If you're eventually approved through adjudication or appeal, you'll get back payments for all those weeks you properly filed. If you wait to start filing weekly claims until after approval, you won't get paid for those missed weeks.
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Tony Brooks
•That's really good to know. I would have assumed I should wait until approved before filing weekly claims. If I do end up quitting, I'll make sure to start filing right away even during the adjudication process.
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Ella rollingthunder87
my frend went thru this exact thing last year!!!! he had to get his doctor to write a letter saying the hours were causing his anxiety to get worse. it took like 3 months but he got approved. dont give up!!!
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