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Mateo Hernandez

Can you get unemployment if you quit because of coronavirus - Washington ESD eligibility?

I'm thinking about quitting my retail job because I'm really worried about getting COVID at work. Our store doesn't enforce mask wearing and customers get right up close to us. I have asthma so I'm high risk. Would I be able to get unemployment benefits from Washington ESD if I quit for health reasons related to coronavirus? I know usually you can't get UI if you quit but wondering if there are exceptions for COVID situations.

This is tricky. Washington ESD usually denies claims when you voluntarily quit unless you have "good cause." COVID health concerns might qualify but you'd need to document everything - unsafe working conditions, your high-risk status, attempts to get accommodations from your employer first.

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What kind of documentation would I need? I have my asthma diagnosis but not sure what else.

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Medical records showing your high-risk condition, emails to your employer about safety concerns, photos of unsafe conditions if possible. Washington ESD will want proof you tried to resolve it before quitting.

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You need to be really careful here. Even with COVID, Washington ESD still applies the "good cause" standard pretty strictly. Did you ask your employer for accommodations first? Like working different hours, remote work if possible, or better safety measures?

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I mentioned it to my manager but they said we have to follow company policy. Haven't put anything in writing yet.

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Put everything in writing! Email your concerns, request accommodations in writing, document their responses. This creates the paper trail Washington ESD needs to see.

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Had a similar situation last year. I was having trouble getting through to Washington ESD to ask about this exact question. Kept calling the main number but either got busy signals or got disconnected after waiting forever. Finally used Claimyr (claimyr.com) which actually got me connected to a real person at Washington ESD who could explain the good cause requirements. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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How much does that service cost? I'm already worried about money if I quit.

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It's worth checking out their site for details. For me it was way better than spending days trying to get through on my own. The Washington ESD rep I talked to was super helpful about explaining what documentation I'd need.

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Never heard of Claimyr before but that sounds useful. I've been trying to reach Washington ESD for weeks about my own claim issues.

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honestly the whole system is messed up. I quit my job because my kid's daycare closed due to COVID and Washington ESD denied my claim initially. Had to appeal and it took months to get approved. They don't make it easy even when you have legitimate reasons.

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Did you eventually get approved on appeal? What made the difference?

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Yeah but it was a nightmare. Had to provide school closure notices, proof I couldn't find alternative childcare, documentation that I tried to work with my employer on schedule changes. Took like 6 months total.

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Check if your employer has to provide reasonable accommodations under ADA since you have asthma. If they refuse reasonable accommodations, that strengthens your case for good cause to quit.

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I didn't know about ADA applying here. What kind of accommodations could I ask for?

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Could be schedule changes to avoid peak hours, better ventilation in your work area, allowing you to wear N95 masks, plexiglass barriers, etc. Document the request and their response.

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Update: I talked to my manager again and they basically said tough luck, company policy is no exceptions. Should I quit now or keep documenting more stuff?

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Get that conversation in writing! Send an email summarizing what was said. Also look up Washington state's workplace safety requirements for COVID - they might be violating those.

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Before you quit, file a complaint with L&I about unsafe working conditions. Having an active safety complaint can help your UI case later.

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I'm in a similar boat but with a restaurant job. No masks, packed dining room, management doesn't care. Been documenting everything for weeks now in case I need to quit.

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What kind of stuff are you documenting?

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Photos of crowded conditions, screenshots of company emails about policies, dates/times of conversations with managers, customer complaints about safety. Basically everything.

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Another thing - if you do quit and file for UI, Washington ESD will probably schedule a fact-finding interview. That's when they decide if you had good cause. Having all your documentation ready makes a huge difference in those interviews.

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How long does it usually take to get that interview scheduled?

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Can be anywhere from 2-6 weeks. They're still pretty backed up. That's another reason I used Claimyr when I had questions - much faster than waiting for callbacks.

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Just want to add that even if you quit for good cause, there might still be a waiting period before benefits start. Make sure you have some savings if possible.

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How long is the waiting period usually?

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There's always a one-week waiting period, but if they have to investigate your quit situation it could be longer while they make their determination.

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The thing that really helped my case was getting a letter from my doctor explaining why my situation made continuing work unsafe. Might be worth asking your asthma doctor for something like that.

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Good idea. I have an appointment next week so I'll ask about that.

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Whatever you decide, file your UI claim right away after quitting. Don't wait thinking you need to have all your documentation perfect first. You can provide additional info during the investigation.

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That's good to know. I was worried I had to have everything ready before filing.

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Also make sure you're doing your weekly job search once you start claiming. Even if your quit is still under investigation, you usually still have to meet the job search requirements.

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How many jobs do I need to apply to each week?

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It's 3 job search activities per week in Washington. Can be applications, networking, job fairs, etc. Keep detailed records in WorkSource.

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Had a friend who quit due to COVID concerns and got approved but it took forever. Washington ESD really scrutinizes voluntary quit cases. The key is showing you had no other reasonable option.

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What did they accept as proof of no other option?

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Doctor's note saying work was dangerous for their condition, documented refusal of accommodations by employer, and proof they looked for other jobs before quitting.

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One more tip - if Washington ESD denies your claim initially, don't give up. A lot of COVID-related quit cases got approved on appeal even if denied at first. The appeals judges seem to understand the situation better.

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How long do you have to file an appeal?

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30 days from the determination notice. And you can continue filing weekly claims while the appeal is pending, though you won't get paid until it's resolved.

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Mei Lin

This whole situation sucks but you gotta protect your health. I'd rather deal with Washington ESD's bureaucracy than end up in the hospital. Document everything and make your case as strong as possible.

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Yeah, that's what I keep thinking too. Thanks everyone for all the advice, this has been really helpful.

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Don't forget to check if your employer offers any kind of leave options first - FMLA, sick leave, personal leave, etc. Sometimes taking unpaid leave while looking for another job is better than quitting outright.

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I'll ask about that. Didn't think about leave options.

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Final thought - if you do quit and file, be completely honest in your application about why you quit. Don't try to make it sound like you were laid off or anything. Washington ESD will find out and that could disqualify you permanently.

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Definitely. I want to do this the right way if I'm going to do it.

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Good luck with whatever you decide. This whole pandemic has put so many people in impossible situations. At least Washington ESD is more understanding about COVID stuff than they used to be about other quit reasons.

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Thanks, I really appreciate everyone taking time to help me think through this.

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Just saw this thread and wanted to mention that Claimyr service someone mentioned earlier - I finally tried it last week and actually got through to Washington ESD on the first try. Saved me so much time compared to calling myself.

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Good to hear another positive review. Might be worth it if I end up needing to talk to them about my case.

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Hope this works out for you. The most important thing is having a solid paper trail showing you tried everything else before quitting. Washington ESD really wants to see that you made good faith efforts to keep working.

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That seems to be the consistent advice from everyone. I'm going to spend this week documenting everything properly before making any decisions.

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