Can I get ESD benefits for quitting after workplace disability discrimination in 2023?
Hi everyone, I'm in a really tough spot and wondering if there's any hope for unemployment benefits in my situation. I quit my job at a home care agency back in June 2023 after a horrible meeting with HR where they basically mocked my autism. I have official medical documentation of my disability, but when I tried to explain my accommodation needs, the HR person said "aren't we all depressed and autistic?" and laughed at me. I brought my husband to help me communicate (communication challenges are part of my disability), but they were incredibly dismissive and unprofessional. After quitting, I got my cosmetology license, but then got pregnant and had severe complications. I ended up needing a C-section and haven't been able to work since. My husband is the only income right now, and while he got some unemployment when he took time off for my C-section, we're really struggling. I always heard that if you quit a job, you can't get unemployment benefits - which is why I never applied. But now I'm wondering if there are exceptions for discrimination cases? Is it too late to apply for benefits from that job I left in 2023? Is there any other program I should look into? I want to work, but between my mental health struggles and physical recovery, I'm just not there yet.
14 comments
Yuki Ito
You may actually qualify for benefits in this case. In Washington, if you quit due to what's called "good cause" - which can include discrimination based on disability - you might be eligible for UI benefits. Workplace harassment or harmful working conditions can be considered good cause for leaving a job. However, there's usually a time limit for filing. Standard claims need to be filed within 26 weeks of leaving employment, so unfortunately June 2023 would be outside that window now. It's possible there might be exceptions considering your medical circumstances though. Have you looked into Paid Family & Medical Leave (PFML)? That's different from unemployment and covers situations like childbirth and recovery. You might be eligible for that instead since your situation involves medical issues.
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Carmen Lopez
•This ⬆️ Good advice here. ESD probably won't work for you at this point but definitely check out PFML. My sister got it after her baby was born last year.
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Andre Dupont
So sorry you went through that! What that HR person said was HORRIBLE and completely unprofessional! I had something kinda similar happen at my last job where they refused to accommodate my medical condition (different than yours) and basically pushed me out. I DID get unemployment even though I technically quit. The key was proving it was a "quit with good cause" situation. But I filed right away - like the week after I left. From what I understand there's a time limit on how long you can wait to file a claim. Have you checked the ESD website to see exactly what the deadline is? Maybe call and explain your situation?
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Ethan Taylor
•Thank you for sharing your experience. That's helpful to know it's possible. I just checked the ESD website and it looks like I've missed the deadline for filing (26 weeks after leaving). But I'm going to look into PFML like the other person suggested. It's just so frustrating because if I had known disability discrimination could qualify me for benefits, I would have applied right away!
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QuantumQuasar
i think ur probably out of luck with regular unemploymnt but have u tried applying for disability? if ur autism is documented u might qualify especially if it impacts ur ability to work. worth looking into at least
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Zoe Papanikolaou
•Disability is INCREDIBLY hard to get approved for unfortunately. It's not just about having a documented condition - you have to prove you're completely unable to work ANY job. The process takes forever too. I have a friend who's been fighting for disability approval for almost 3 years. The PFML suggestion is better for temporary situations like recovering from childbirth. But you'd still need to have worked enough qualifying hours.
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Jamal Wilson
Having worked with the ESD system extensively, I can tell you that you're likely outside the filing window for standard unemployment based on that June 2023 job. However, there are a few options you might consider: 1. PFML (Paid Family Medical Leave) - This applies to recovery from childbirth and serious health conditions. You can apply retroactively for up to 12 months after your qualifying event (C-section). 2. You could try reaching out to ESD directly to explain your situation. While rare, there are sometimes exceptions to filing deadlines for extraordinary circumstances. Your medical complications plus the discrimination aspect might warrant consideration. 3. For the discrimination issue - while it won't help with unemployment benefits now, you might want to consult with the Washington State Human Rights Commission as there's a possibility of a workplace discrimination claim. One tip: if you're having trouble reaching ESD by phone (which is common), you might want to try using Claimyr (claimyr.com). They help connect you with an actual ESD agent without waiting for hours. They have a video explaining how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. I used them when I was having issues with my claim and it saved me so much frustration.
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Ethan Taylor
•Thank you so much for these detailed options. I didn't know about the 12-month retroactive period for PFML - that's really helpful since my baby is only 2 months old. I'll definitely check out that Claimyr service too because every time I've tried calling a government office, I end up on hold forever and then have to hang up because my baby needs attention.
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Mei Lin
Not super related but just wanna say that HR person should be FIRED. That's not just unprofessional, it's discriminatory and awful. You should report them to the agency management or even file a complaint with DSHS since it's a caregiver agency. They shouldn't be allowed to treat people like that, especially in a care industry!
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Andre Dupont
•Completely agree! And the irony of someone in healthcare/caregiving being so dismissive of disabilities... just wow. Makes my blood boil.
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Zoe Papanikolaou
Unfortunately, I think you've missed the window for unemployment benefits from that job. The deadline is usually within 6 months of separation, and it's been well over a year now. However, since you mentioned you got your cosmetology license, have you considered looking into any of the Work Source programs? They might be able to help you find flexible work options that could accommodate your needs while bringing in some income. Also, as others have mentioned, PFML is probably your best option right now. Washington has one of the better PFML programs in the country, and it specifically covers recovery from childbirth. The application process is completely separate from unemployment. Whatever you do, don't give up. The system is complicated, but there are resources available.
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Ethan Taylor
•Thank you - I hadn't thought about Work Source. I will definitely look into that for the future. My cosmetology license is still good, and once I'm physically and mentally ready to work again, I'd love to find something part-time that works with my disability needs. Right now I'm focusing on the PFML option since that seems most relevant to my current situation with the recent C-section.
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Carmen Lopez
The ESD phone lines are IMPOSSIBLE!! I spent 3 weeks trying to get through about my claim last month. If u need to talk to someone try early morning like 7:59am right when they open. Or use that Claimyr thing someone mentioned, my friend said it actually works.
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Mei Lin
•OMG this is so true. I literally had to set an alarm for 7:55am and start calling over and over until I got through. Took me 4 days of trying this before I finally didn't get a busy signal. The whole system is broken.
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