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ESD denied me for 'gross misconduct' but my termination was exaggerated - worth appealing with mental health documentation?

I'm in a really tough spot and need advice about appealing an ESD denial. My employer fired me for supposedly not running the correct testing procedures on a specific process. They gave me a separation letter citing 'gross misconduct' which I stupidly signed without reading carefully because I felt pressured in the moment. Here's the thing - I have text messages from the General Manager showing he didn't even know what 'gross misconduct' meant when they first let me go, and indicated the reason wasn't 'that big a deal.' I suspect there were political issues at play that contributed to my termination more than performance issues. I filed for unemployment and ESD denied my claim based on this gross misconduct classification. I also have documented mental health issues caused by workplace stress (with doctor's notes) that affected my performance toward the end. Is it worth appealing this decision? Has anyone successfully appealed a misconduct denial, especially with medical documentation? I'm really stressed about finances and don't know if fighting this would just waste time when I could be job hunting instead. Any experiences or advice would help tremendously.

Make sure you know how long you have to appeal!!! I think its 30 days from when you got the denial but don't wait!!! The sooner you appeal the faster you'll get your hearing!!!

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You're right - the letter says 30 days. It's been about a week so I still have time, but I'm going to get it filed this weekend for sure.

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One more important thing - the burden of proof is on the employer to prove gross misconduct, not on you to disprove it. In your hearing, let them present their case first. They'll need to show clear evidence that you intentionally violated policies with awareness that it could harm the company. Testing errors alone usually don't meet this standard unless they can prove you deliberately skipped required steps knowing it would cause harm. Also, remember to stay calm during the hearing. It can be stressful, but judges respond better to clear, factual statements than emotional arguments. Stick to the timeline of events, the evidence you have, and the medical documentation. Don't get drawn into arguments about workplace politics or personalities.

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Thank you for this advice. I tend to get anxious in confrontational situations (part of my documented condition), so I'll prepare myself to stay calm and factual. It's reassuring to know they have the burden of proof, not me.

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Fired after injury - limited lifting but no accommodations like during pregnancy - ESD eligible?

I'm in a really frustrating situation with my employer. I'm a CNA and was in a car accident back in February. My employer gave me the full 12 weeks of medical leave, which I appreciate. My doctor just released me to return to work with "limited manual lifting" (no specific weight restriction). Today I got an email saying I'm terminated because lifting is an essential function in my job description. Here's what's confusing me: when I was pregnant last year with almost the EXACT same doctor's note about limiting lifting, they temporarily moved me to a clerical position until I returned from maternity leave. Now they're claiming they have no positions to accommodate my restrictions. This feels discriminatory? The injury isn't even permanent - my doctor says I should be fully recovered in about 6-8 more weeks. Does anyone know if I qualify for unemployment in this situation? I didn't quit - they fired me because they claim they can't accommodate me, but they DID accommodate basically the same restriction before. I've worked there for 5 years with good performance reviews.

One more thing to consider - when you file your weekly claims, make sure you answer the work search questions carefully. Since you have a medical restriction, you might be eligible for a work search exemption but you need to request it specifically. Otherwise, you'll need to do 3 job search activities each week. If you get the exemption, you'll still need to be "able and available" for suitable work that meets your restrictions. So technically you need to be looking for jobs that would accommodate your temporary medical condition. ESD can be really picky about this, and it's a common reason claims get denied even when people qualify otherwise.

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THIS!!! I almost lost my benefits because I didn't understand the work search requirements with medical restrictions. Make sure you call and ask specifically about getting coded properly in their system. The online instructions aren't very clear about this situation.

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To answer your specific question about what documents to upload - yes, definitely include both doctors' notes showing the similar restrictions. Also include: 1. Your termination notice/email 2. Any documentation about the accommodation they provided during pregnancy 3. Your job description 4. Recent performance reviews showing you were in good standing Don't specifically mention ADA or discrimination in your initial unemployment claim - stick to the facts about why you were terminated. The unemployment process just needs to determine if you're eligible for benefits, not whether your employer violated labor laws. If your claim goes to adjudication (which it likely will), you'll have a phone interview with an adjudicator. That's when you can explain the inconsistency between how they handled your pregnancy vs. your injury.

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TechNinja

Author

Thank you so much for this advice! I'm starting to feel more confident about applying. I'll focus on the facts for the initial claim and will have all my documentation ready for the adjudication process.

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After Governor intervention, will my ESD payments arrive on time now or restart waiting period?

Just had a breakthrough with my long-delayed unemployment benefits! After weeks of seeing 'pending' on my account and getting nowhere with regular ESD calls, I finally contacted the Governor's office last Thursday. Surprisingly, it worked - my held-up payments were released yesterday. Now I'm worried about what happens next. Does anyone know if my future weekly claims will now process normally? Or am I going to fall back into the same endless waiting pattern all over again? I just filed my weekly claim on Sunday and really need to know if I'll actually receive it this week or if I'm heading back into payment limbo. Bills don't stop just because ESD does! Has anyone else had success with the Governor's office intervention and can tell me what happened with your subsequent payments?

I don't understand why everybody keeps calling the governor's office. That's not what the office is for. There are proper channels to resolve unemployment issues but nobody wants to follow the process. My claim took 8 weeks to process but I waited patiently like we're supposed to.

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Because the "proper channels" are COMPLETELY BROKEN!! When you have bills to pay and can't reach a single person at ESD after WEEKS of trying, what exactly are people supposed to do?? The governor's office exists to help citizens when state agencies fail them. Maybe your situation allowed you to "wait patiently" for 8 weeks, but many people face eviction or worse without their benefits!

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To directly answer your question: Your payment for this week should come through normally, but here's what you need to understand about the system: 1. When the Governor's office intervenes, they typically clear the specific issue holding your claim, not just push payments through 2. Future payments will process normally (2-3 business days) UNLESS a new issue arises 3. Common triggers for new holds include: missing weekly filing deadlines, answering questions differently than previous weeks, being randomly selected for ID verification or job search review, or employer disputes 4. You can check if any issues are pending by looking at your account under "Alerts" or "Issues and Decisions" on the ESD dashboard If your account shows no pending issues now, your Sunday filing should pay out this week. I'd check your account Wednesday or Thursday.

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Thank you! This is exactly the information I needed. I just checked my account and don't see any alerts or issues listed. I'm keeping my fingers crossed that the money arrives by Thursday. Do you know if there's any way to see if my current weekly claim is processing normally or if it's stuck again?

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Yes, you can check your claim status by looking at the "Payment History" section. If your most recent claim shows as "Processing" that's a good sign. If it shows "Pending" with no explanation, that could indicate another hold. Also, check the "Decisions" tab - any new issues requiring adjudication would appear there. If everything looks normal, you're likely in good shape.

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ESD benefits extension options for deaf/disabled worker after regular UI expired?

My aunt who's deaf and unable to speak just exhausted her regular unemployment benefits last week. She was laid off about 6 months ago from a healthcare position (refused the vaccine mandate due to some health concerns). I've been helping her with applications but despite applying to at least 5-6 jobs weekly, she hasn't gotten any offers yet. I saw something about 'Training Benefits' that might extend her UI? Would this be appropriate for someone with a disability? She's 58, and finding work has been extra challenging with her communication barriers. I'm wondering if there are any special programs through ESD for disabled workers or if she needs to reapply completely? Has anyone navigated this successfully? Also - she got a letter saying her benefits are 'exhausted' but I'm not clear if that means she's done forever or if there's a way to get an extension? Any advice is appreciated!

just wondering, has ur aunt applied for SSDI? my mom has hearing loss (not completely deaf) and she got approved after her unemployment ran out. takes forever though

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She actually wants to keep working if possible - she's been employed most of her life and really misses it. SSDI might be our backup plan if these other options don't work out. Thanks for suggesting it though!

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The system is RIGGED against disabled people. I'm partially deaf and was denied extensions TWICE even with documentation. They don't care. Your aunt should skip the ESD runaround and go straight to DSHS for emergency assistance while figuring out something more permanent. The ESD people will just waste her time with their ableist policies!!!

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I understand your frustration, but I've actually seen several deaf friends get training benefits or extensions through vocational rehabilitation services. Maybe it depends on who handles your case? It's worth trying both ESD AND DSHS simultaneously.

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ESD lump sum payment after adjudication? Will I get all 6 weeks at once?

I've been stuck in ESD adjudication hell for almost 6 weeks now. Filed my initial claim back in January and have been faithfully submitting my weekly claims, but haven't seen a penny because of some eligibility issue they're investigating. My question is - assuming they finally clear my claim and approve everything, will I get all 6 weeks paid in one big deposit? Or does ESD stagger these backpayments somehow? I'm trying to plan my finances and figure out if I should expect one large payment or if they'll trickle it out week by week. Anyone been through this and know how it works?

btw when mine finally processed it hit my account at like 3am lol. woke up to a surprise deposit. felt like christmas morning after all that stress

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Same! Best notification to wake up to after weeks of stress!

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One more thing to note - when you do receive your payment, check that you received the correct amount. Calculate what you expect based on your weekly benefit amount multiplied by the number of weeks, minus any applicable taxes if you opted for withholding. If there's a discrepancy, contact ESD immediately, as correcting payment errors becomes more complicated the longer you wait.

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That's a great reminder. I'll definitely double-check the math when it comes through. I opted for 10% tax withholding, so I need to account for that in my calculations too.

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