ADA accommodation issues at new job - worried about potential ESD eligibility if let go

This is a complex situation since it involves both ADA compliance and potential unemployment eligibility. Generally speaking, if you're terminated because your employer refuses to provide reasonable accommodations under ADA, you would likely qualify for unemployment benefits. ESD typically considers this type of separation as being 'not at fault of the worker.' Make sure you document EVERYTHING. Save emails, meeting notes, dates, times, who was present, etc. If they do terminate you, you'll need to explain during your initial claim that you were willing and able to work with the accommodation, but the employer wasn't willing to continue providing it despite medical documentation.

I went through something very similar last year with my Crohn's disease. My employer initially agreed to accommodations but then started pushing back after a few months. When they eventually let me go, I applied for unemployment and was approved. Key things that helped my case: 1. I had documentation of my medical condition from my doctor 2. I had emails showing the employer initially agreed to accommodations 3. I could prove I was still capable of performing essential job functions Make sure you keep detailed records of the 90-day period. If your work quality remains good and you're meeting expectations except for the accommodation-related absences, that will strengthen your case.

THEY ARE SETTING YOU UP!!! I worked in HR for 8 years and this is classic - they say "we'll try for 90 days" knowing they'll let you go after. The 90 days is them trying to create a paper trail to protect themselves. HERE'S WHAT YOU NEED TO DO: 1. GET EVERYTHING IN WRITING!!! Email follow-ups after verbal conversations 2. DOCUMENT YOUR WORK PERFORMANCE - save positive feedback 3. KEEP TRACK of any performance metrics that show you're doing your job well IF they let you go, apply for unemployment IMMEDIATELY. Don't listen if they tell you that you won't qualify. Let the ESD make that determination, not your employer!

I had trouble reaching ESD when my employer did something similar (denied my diabetes accommodations). Spent 3 weeks trying to get through on the phone with no luck. Finally used a service called Claimyr (claimyr.com) that got me connected to an ESD agent in about 25 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent explained that denying reasonable ADA accommodations generally doesn't disqualify you from benefits since it's considered employer action rather than employee misconduct. But timing matters - if you can show the termination happened close to your accommodation discussions, it strengthens your case.

they cant fire u for ADA stuff thats illegal!!! but they will try to say its something else. my friend got fired for "performance" but it was really cuz she needed extra breaks 4 her arthritis. she got unemployment no problem tho

u should talk to a lawyer maybe before they fire u. some lawyers do free consults for disability discrimination. might be better than unemployment since u could maybe sue them if they're really setting u up. just a thought

One thing to note about ESD claims: If you get a separation notice, you need to report why you were separated EXACTLY as it happened. Don't try to guess what sounds better. If they say it's for attendance but you know it's related to ADA accommodation, explain that clearly in your initial claim. ESD will contact your employer for their side of the story, so honesty is critical. Inconsistencies between your story and theirs can delay your claim and potentially lead to denial. I process unemployment claims as part of my job, and this is a common issue I see.

Just a heads up - if they let you go, your claim might get stuck in adjudication while ESD investigates. This is normal for cases that aren't simple layoffs. Mine took about 5 weeks because they had to determine if my separation was qualifying or not. During adjudication, KEEP FILING YOUR WEEKLY CLAIMS even though you're not getting paid yet. If your claim is approved, you'll get backpay for all the weeks you filed.

Thanks everyone for the advice. I'm going to start documenting everything carefully, follow up conversations with emails, and track my performance metrics. I really hope they continue the accommodation after 90 days, but at least now I feel more prepared if they don't.

I'm sorry you're dealing with this stressful situation. As someone who's navigated similar waters, I wanted to add that you should also consider reaching out to the Washington State Human Rights Commission if you do get terminated. They handle ADA discrimination complaints and can investigate whether your employer violated your rights. Also, keep copies of your original ADA paperwork and doctor's notes in a safe place (not just at work). If you end up filing for unemployment, having that documentation readily available will help speed up the process. The fact that they're putting a specific 90-day timeline on your accommodation is actually helpful for your case - it shows they're not claiming the accommodation is impossible, just that they don't want to provide it long-term. Stay strong and keep advocating for yourself!