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Can ESD deny my claim if I was fired after using doctor-approved medical leave for anxiety?

I'm in a really tough spot with my employer and not sure where I stand with unemployment. My doctor gave me a note saying I needed 2 weeks off because of severe anxiety (which was honestly caused by the toxic work environment and my supervisor's constant criticism). I gave the note to HR and took the leave, but when I returned yesterday, they told me my position had been 'restructured' and I was being let go. Can they legally do this? And will this affect my eligibility for unemployment benefits? Has anyone dealt with something similar? The whole situation feels retaliatory but they're calling it a 'business decision'.

Leslie Parker

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omg this happened to me last year!! they cant fire u for a medical condition, thats like super illegal. u should talk to a lawyer asap and definitely file for unemployment right away. they'll probably try to say u quit or somethin to avoid paying

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Freya Ross

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Thanks, I definitely didn't quit. I'm worried because my employer is saying it was performance-related but they never gave me any warnings before this. I'll file today.

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Sergio Neal

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You need to file for unemployment immediately. What they've done may potentially violate FMLA protections if you've worked there over a year and they have 50+ employees. When you file, be very clear that you were terminated after returning from doctor-approved medical leave. Do NOT say you quit or that you're unable to work - this is critical for your claim. ESD will contact your employer who will likely contest the claim. You'll need documentation: 1) The doctor's note (with private medical details redacted if you prefer), 2) Any communication about your leave, 3) The termination notice/conversation details. Your case may enter adjudication, but doctor-approved medical leave is protected in many circumstances. If your anxiety is now controlled enough that you're able to work, you should qualify for benefits while you search for new employment.

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Freya Ross

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Thank you for the detailed advice. I've worked there for 3 years, but I'm not sure how many employees they have total - maybe around 40? I'll gather all that documentation. How long does adjudication usually take?

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This stinks of retaliation!! I bet they were just waiting for an excuse. Even if it's not technically FMLA (if they're under 50 employees), Washington has stronger protections for workers than many states. Don't let them get away with this!

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Juan Moreno

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You're right that Washington has the Washington Family Leave Act, but that generally follows FMLA eligibility requirements. The key issue here is proving the termination was linked to the medical leave rather than legitimate business restructuring. Not always easy to prove.

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Amy Fleming

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When you file your unemployment claim, be prepared for it to go to adjudication. That's when an ESD agent investigates conflicting information between what you report and what your employer reports. They'll likely contact your doctor to verify the medical situation. I went through this when I was terminated after taking medical leave for a back injury. My claim was in adjudication for over 6 weeks while they investigated. Make sure to continue filing your weekly claims during this time, even if you're not receiving benefits yet. If you need to speak with an ESD agent about your specific situation (which I recommend), try using Claimyr (claimyr.com). It helped me actually reach a live person instead of waiting endlessly on hold. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Much less stressful than trying to get through on your own, especially when dealing with anxiety already.

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Freya Ross

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Six weeks in adjudication sounds brutal, but I guess I should prepare for that. I'll check out that service - I tried calling ESD this morning and couldn't get through at all. Thanks for the suggestion.

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Alice Pierce

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My cousin had something similar happen and she got denied at first but then she appealed and won. The key thing is dont say your anxiety prevents you from working now - just that you needed that specific time off and followed proper procedures. If ur ready to work now thats what matters to ESD.

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Freya Ross

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That's really helpful - I am ready to work now. I just needed that break to get treatment and coping strategies sorted out. I'll make that very clear in my application.

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Esteban Tate

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ESD is gonna look closely at WHY you were fired. Did they give you a termination letter? What exactly did it say? Did they claim job abandonment or say it was performance? These details matter a lot for your claim.

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Freya Ross

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They gave me a letter stating my position was eliminated due to 'departmental restructuring' but there was a comment about 'fit with company culture' that felt like a dig. Nothing specific about performance issues though they've hinted at it verbally.

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Juan Moreno

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I process unemployment claims, so I can explain how ESD typically handles these situations. If your employer claims they terminated you for misconduct or performance issues, they need to provide evidence of warnings or a pattern of behavior. A sudden termination after medical leave without prior documentation often works in the claimant's favor. However, if they can demonstrate a legitimate business restructuring affected multiple positions, that could complicate things. When you file, be factual rather than emotional. State: "I returned from doctor-approved medical leave and was informed my position was eliminated due to restructuring." The "fit with company culture" comment could actually help your case as it's subjective and potentially masks the real reason for termination. Washington recognizes constructive discharge in cases where working conditions became so intolerable that resignation was the only reasonable option. If your anxiety was specifically workplace-induced and documented by a medical professional, this could strengthen your case even further.

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Freya Ross

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I really appreciate this insider perspective. I'll keep my application factual and include the documentation from my doctor. I know one other person was let go recently, but it was from a different department. I'll mention the doctor specifically documented that the workplace was contributing to my condition.

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Alice Pierce

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so what happnd when u went back to work exactly?? did they call u into a meeting or just hand u papers? details matter for ur claim

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Freya Ross

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When I returned, my key card didn't work - had to call to be let in (red flag!). HR and my manager called me into a meeting first thing. They had the paperwork ready and my email was already disabled. Definitely planned before I returned.

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Sergio Neal

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Based on these new details, I strongly recommend you document the timeline thoroughly: 1. When your anxiety symptoms began 2. When you notified the employer about needing leave 3. Their initial response to your request 4. Dates of your leave 5. The return experience (disabled keycard, immediate meeting, etc.) This timeline strengthens your case that the termination was connected to your medical leave rather than performance. Make sure to file your weekly claims consistently and answer the ability and availability questions correctly - indicate you are able and available to work now that you've received treatment. If your claim goes to adjudication and you get a chance to speak with an adjudicator, stay focused on the facts and avoid speculating about the employer's motives, even if they seem obvious to you.

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Freya Ross

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I've already started a document with these details. Good to know I'm on the right track. I'm definitely able and available to work now - the time off and treatment helped a lot.

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Esteban Tate

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THE SYSTEM IS RIGGED! They always side with employers. I had perfect documentation and still got denied because my boss made up stories about me. Be prepared to appeal and get a lawyer if you can afford one.

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Alice Pierce

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that's not always true! my friend got approved when her boss tried to say she quit when she really got fired. depends on who reviews ur case i think

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Juan Moreno

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One more important point - when you file weekly claims while in adjudication, you must report any job search activities. Currently, Washington requires documenting at least three job search activities each week. Without these, your claim could be denied regardless of the circumstances of your separation from employment. Also, if your anxiety condition continues to be severe, there's a different approach through ESD for temporary disability, but that's a separate process from regular unemployment. Based on what you've described, regular unemployment seems appropriate since you're able and available for work now.

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Freya Ross

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I've already started applying for jobs, so I'll keep track of everything for the job search requirements. My anxiety is manageable now with the treatment plan I have in place. Thanks for clarifying about the disability option, but I definitely want to work.

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this happened to my brother-in-law and he had to wait FOREVER to get benefits. like 12 weeks before they made a decision!! he kept calling and calling but couldnt get thru to anyone. almost lost his apartment waiting.

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Amy Fleming

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That's unfortunately common with contested claims. I had to use Claimyr to get through after weeks of trying on my own. Getting a real person on the phone can sometimes move things along, especially if you're facing financial hardship and need the adjudication expedited.

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