< Back to Washington Unemployment

Can I get ESD unemployment after being fired from a new cafe job for being sick?

Hi everyone, I'm in a really tough spot and hoping someone can help me understand my options. I started working at this busy downtown cafe about 3 weeks ago, and everything was going well until I caught this awful flu that's been going around. I had a high fever and couldn't even get out of bed for almost a week. I called in each day and even sent a doctor's note, but when I was finally well enough to return, my manager said they'd already hired someone else to replace me since they couldn't afford to be short-staffed during the busy season. They basically told me "it just didn't work out" and that was it. I'm wondering if I can apply for unemployment benefits even though I only worked there for such a short time? Does being fired for getting sick disqualify me? I had a part-time job before this one that I left to take this full-time position, if that matters. Really appreciate any advice!

That really sucks! I think you should be able to apply for unemployment since you were let go through no fault of your own. Being sick isn't misconduct. But I'm not 100% sure about the length of employment thing. Does anyone know if there's a minimum time you need to work somewhere before you can qualify?

0 coins

Thanks for the response! Yeah, I'm worried about the short employment period too. I didn't quit or anything, but I'm not sure if 3 weeks is enough to qualify.

0 coins

Yes, you should apply right away. Washington is a "base year" state, which means your eligibility is based on your work history during the first 4 of the last 5 completed calendar quarters before you file. So it's not just about your most recent job. Since you mentioned you had another job before this one, those hours and wages will count toward your eligibility as long as they fall within your base year. The key factors ESD looks at are: 1. If you worked at least 680 hours in your base year 2. If you lost your job through no fault of your own Being fired because you were legitimately sick is generally not considered misconduct, so you should qualify based on that criteria. Make sure to explain exactly what happened when you file.

0 coins

Oh wow, this is so helpful! I definitely worked more than 680 hours in the last year between both jobs. That's a relief. When I file, should I just explain the situation exactly as it happened? I'm worried they'll contact my former employer and they might say something different.

0 coins

ESD will definitely contact your former employer, that's standard procedure. Make sure you're honest and consistent about why you were let go. Since you have a doctor's note, mention that in your application and keep it as evidence in case you need it later. Just be aware that your employer might contest your claim by saying you were unreliable or couldn't perform the job - some employers do this to avoid having their unemployment insurance rates go up. If that happens, you'll enter adjudication and have to provide your side of the story.

0 coins

That's really good to know. I'll definitely keep my doctor's note and any text messages I sent my manager when I was calling in sick. I really hope they don't contest it because I genuinely couldn't work - I had a 103 fever!

0 coins

lol cafe owners are the WORST. i worked at 3 different cafes and they ALL pulled this kinda stuff. treat employees like disposable napkins and then wonder why turnover is so high. you should 100% file for unemployment and make them pay for treating you like garbage. the system is designed to protect workers from exactly this kind of garbage.

0 coins

While I understand your frustration, it's important to note that unemployment isn't meant to be punitive to employers. It's an insurance program designed to provide temporary support to workers who lose their jobs through no fault of their own. The OP should definitely apply if they meet the qualifications, but the focus should be on their eligibility rather than making the employer "pay."

0 coins

Just wanted to add that when you file, be very specific about the timeline and circumstances. Don't just say you were "let go" or "fired" - explain that you missed work due to a documented illness and were terminated as a result. ESD makes a big distinction between being fired for misconduct (which can disqualify you) and being fired for other reasons like getting sick (which shouldn't disqualify you). Also, prepare for the possibility that your claim might go into adjudication, which is basically when ESD investigates disputed claims. If this happens, don't panic - it's pretty common and doesn't mean you won't get benefits. It just takes more time to resolve.

0 coins

Thanks for this advice! I'll make sure to be super clear about what happened. If it does go to adjudication, how long does that usually take? I'm getting worried about paying rent next month.

0 coins

When I had a claim go to adjudication last year it took almost 2 months to resolve!!! ESD is impossible to reach by phone too - I spent hours calling every day and never got through to anyone. Super frustrating especially when you're already stressed about money.

0 coins

I had the same issue trying to reach ESD when my claim was in adjudication, but I used this service called Claimyr that got me through to an ESD agent in about 30 minutes instead of spending days trying to get through. Saved me a ton of stress. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Definitely worth it when you're dealing with time-sensitive unemployment issues.

0 coins

One more important thing - make sure you start filing your weekly claims immediately after you apply for benefits, even if your application is still pending or in adjudication. If you wait until your application is approved to start filing weekly claims, you won't get back pay for those weeks. You need to establish a claim pattern from the beginning. Each week, you'll need to document at least 3 job search activities (applications, interviews, etc.). There are some exceptions to the job search requirements, but it's best to just do them to avoid complications.

0 coins

That's really good to know about filing weekly claims right away! I had no idea. And I've already started applying for other cafe and restaurant jobs, so documenting 3 job search activities per week shouldn't be a problem. Thank you!

0 coins

i went thru something similar but my claim got denied b/c my boss said i was a no-call no-show even tho i texted him every day i was sick. make SURE you have proof you communicated about being sick!!!!

0 coins

Ugh, that's awful they lied about you! I do have all my texts saved, plus a call log showing I called the cafe each morning. I'll definitely keep all of that as evidence just in case. Did you appeal the denial?

0 coins

To follow up on your question about how long adjudication takes - it varies quite a bit depending on ESD's current workload, but typically 3-6 weeks. If you're concerned about immediate finances while waiting, you might want to look into other temporary assistance programs like: 1. Emergency Assistance programs through DSHS 2. Rental assistance programs in your county 3. Food banks and Basic Food benefits If your claim is eventually approved, you'll receive back payments for all the eligible weeks you claimed, even during the adjudication period. Just make sure to keep filing those weekly claims consistently.

0 coins

Thank you so much for this information. I'll look into those emergency assistance programs right away. And I'll definitely keep filing my weekly claims no matter what. Everyone here has been incredibly helpful!

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,714 users helped today