Can you collect unemployment if you are fired after FMLA in Washington?

Yes, you can absolutely file for unemployment benefits even if you were fired after FMLA. The key thing is whether the termination was for 'misconduct' - and employer retaliation for taking protected leave definitely doesn't qualify as misconduct. File your claim immediately on the Washington ESD website.

File ASAP and also document everything about your FMLA leave and the termination. This sounds like potential retaliation which is illegal. You might want to contact an employment attorney too.

I had something similar happen and Washington ESD approved my benefits. The employer contested it but I won the hearing because they couldn't prove actual misconduct. Getting fired after protected leave is usually considered wrongful termination for UI purposes.

Honestly, trying to reach Washington ESD to ask questions about this kind of situation is nearly impossible. I spent weeks calling and never got through. I ended up using Claimyr (claimyr.com) which actually got me connected to a real person who could explain how FMLA terminations are handled for UI eligibility. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

This is exactly why I'm scared to take FMLA leave even though I need it. Employers find ways around the protection.

Make sure you keep detailed records of your performance reviews before FMLA vs what they're claiming now. If your performance was fine before leave, that strengthens your case that the firing was retaliation.

When you file your Washington ESD claim, make sure to mention the FMLA leave and the timing of the termination in your application. Don't just put 'fired' - give context.

ugh the whole system is rigged against working parents. sorry this happened to you OP

One more thing - if your employer contests your unemployment claim (which they probably will), don't panic. These FMLA retaliation cases usually go in favor of the employee because the burden is on the employer to prove legitimate misconduct.

Document everything NOW while it's fresh in your memory. Write down dates, conversations, who said what. This will be important for both your UI claim and any potential legal action.

How soon after FMLA can they legally fire you? Is there like a waiting period or something?

Update: I filed my Washington ESD claim online and it went through without any immediate issues. Now I'm just waiting to see if they'll contest it. Thanks everyone for the advice and support.

If you need to talk to someone at Washington ESD about your specific situation, definitely consider that Claimyr service I mentioned earlier. They were super helpful when I had questions about my contested claim.

Also consider filing a complaint with the Department of Labor about the FMLA retaliation. It's a separate issue from unemployment but worth pursuing.

this whole thread is making me realize how many employers probably get away with this stuff when people don't know their rights

Make sure you're also keeping track of your job search activities once you start receiving benefits. Washington ESD has specific requirements for work search that you'll need to meet.

One last tip - if you do end up needing a hearing, don't try to represent yourself if the employer brings a lawyer. The state provides free legal aid for unemployment hearings in some cases.

thanks for sharing your situation OP, this thread has been really educational about FMLA rights and unemployment eligibility

Really hoping this works out for you. Employers who pull this kind of retaliation need to face consequences, both legally and financially.

Just want to mention again that if anyone else is having trouble reaching Washington ESD about complex situations like this, Claimyr really does make it easier to get through to someone who can help. Worth checking out their demo video to see how it works.

I'm really sorry this happened to you, Sebastian. As someone who's been through a similar situation, I can tell you that getting fired right after FMLA is a huge red flag for retaliation. The timing alone makes it really hard for employers to justify it as legitimate performance issues. You absolutely should be eligible for unemployment benefits - Washington ESD typically sides with employees in these clear-cut retaliation cases. Make sure you keep copies of all your FMLA paperwork and any performance reviews you had before taking leave. The contrast between your pre-leave performance and their sudden "performance issues" claim will be important evidence. Stay strong and don't let them intimidate you!

I went through almost the exact same thing two years ago - fired 5 days after returning from maternity leave for alleged "performance issues" that were never mentioned before I left. Washington ESD approved my claim and my former employer's contest was denied at the hearing. The administrative law judge basically said the timing was too suspicious and they couldn't provide any evidence of actual performance problems prior to my leave. It took about 8 weeks total but I got full benefits plus backpay. The stress was awful with a new baby, but don't let them intimidate you - this kind of retaliation is exactly what unemployment insurance is designed to protect against. Your case sounds even stronger than mine was since you were only out 3 days before they fired you. Stay strong and keep fighting!