Can my brother apply for ESD unemployment after being terminated when WA Paid Leave ended?

Yes, he should absolutely apply for unemployment. Since he was terminated through no fault of his own (which is what it sounds like), he should qualify for UI benefits. The fact that he was on WA Paid Leave doesn't automatically disqualify him. However, there are a few important things he needs to know: 1. He must be able and available for work to qualify for unemployment - this means physically capable of working. If he's still recovering and can't work at all, that could be a problem. 2. He'll need to actively look for work and complete 3 job search activities each week. 3. When he applies, he should clearly explain that his employment ended due to the employer's decision after his medical leave, not because he quit. He should apply right away through the ESD website. The sooner he applies, the sooner benefits can potentially start.

i was in simlar situation last yr after surgery. was let go when my leave ended. applied for UI and got it BUT had to say i could work. the key thing is he has to say hes ABLE and AVAILABLE for work even if its with restrictions. if he says he cant work at all hell get denied imediatly. also make sure he can do 3 job searchs every week or theyll stop his payments

Your brother should apply for unemployment, but he should be aware that his claim will likely go into adjudication. When there's a separation following medical leave, ESD typically reviews these cases more carefully. A few important points: 1. Medical ability: He needs to be cleared by his doctor to work in some capacity, even with restrictions. The key is being able to work in a suitable occupation, not necessarily his previous job. 2. Documentation: He should gather documentation showing the employer terminated him (not that he quit), medical clearance to work (with any limitations noted), and any communication about his separation. 3. When he files, he should clearly indicate he was terminated following medical leave, not that he quit or is still unable to work. If his claim goes to adjudication (which is likely), he should be prepared for a 3-8 week wait. He can try calling ESD to check on status, but as many know, getting through to ESD can be extremely difficult.

I've helped several clients through similar situations. Your brother is in what's called a "separation after leave" scenario, which often triggers adjudication at ESD. Here's what he should know: 1. Yes, he should apply for UI immediately after termination. 2. He needs to be "able and available" for SUITABLE work - not necessarily his old job. If he has doctor-imposed restrictions, he should be looking for work within those restrictions. 3. The key is that he was terminated, not that he quit or refused to return. 4. He should continue filing weekly claims even during adjudication. If you're having trouble reaching ESD to check on his claim status (which is very common), I recommend using Claimyr (claimyr.com). They have a service that helps you get through to ESD agents without the endless hold times. They have a video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 that shows how it works. I've had clients save days of frustration with it, especially for complex cases like your brother's that need actual agent assistance.

Thanks everyone for the advice! I talked to my brother and he's going to apply for UI right away. His doctor already said he can work with some lifting restrictions, so he'll get that in writing. I'm also going to help him document exactly why he was let go so it's clear for the adjudication process. Fingers crossed it doesn't take the full 8 weeks to resolve!

Wait sorry if this is a dumb question but isnt workers comp a better option if it was a work accident?? Or was it not work related? Just wondering cuz my cousin got way more from L&I than unemployment when he got hurt at work

I hope your brother knows that the WA unemployment system is COMPLETELY BROKEN right now. I've been trying to resolve an issue for MONTHS with zero help. They'll probably deny him initially because that's what they do to EVERYONE these days!! And good luck getting anyone on the phone - the whole system is designed to make people give up. I'd tell him to apply but be prepared for a NIGHTMARE experience. And they don't care if you have bills to pay!!

One more thing I wanted to mention - once your brother starts receiving UI benefits, he should connect with WorkSource. They can help him find suitable work within his medical restrictions, and some of their workshops count toward his required job search activities. This can be especially helpful for someone transitioning to a different type of work due to medical limitations.