Denied ESD benefits for 'misconduct' after FMLA - worth appealing?

YES appeal it immediately!! You only have 30 days from the date on your determination letter. Based on what you've described, this sounds like a strong case for appeal. Your employer is trying to classify this as a voluntary quit when it clearly wasn't - you were communicating your medical situation and intention to return. Make sure to gather ALL your evidence: - Copies of emails with HR (especially where you asked if you were being terminated and they said no) - Phone records showing no calls from them on the day they claimed - Any medical documentation about your condition after FMLA ended - Documentation of the company's attendance policy showing you had 0 points When you appeal, be very clear that you were willing and able to return to work, were communicating that to your employer, and never resigned. The fact that they told you weren't being terminated and then suddenly claimed you "resigned" is very suspicious and looks like they're trying to avoid paying unemployment.

i had a similar thing happen to me last year!!! my boss claimed i no-called no-showed when i had text messages proving i told them i couldnt come in bc of medical stuff. ESD first denied me but i appealed and WON. it took like 7 weeks tho so be prepared to wait. def worth it!!

You absolutely should appeal this determination. What you're describing is potentially a case of employer misrepresentation, not misconduct on your part. Here's what you need to know: 1) For ESD to deny benefits based on misconduct, your employer needs to prove you deliberately violated a known policy. Medical issues following FMLA and documented communication attempts don't constitute misconduct. 2) Appeals in Washington must be filed within 30 days of the determination date (not when you received it). 3) You'll likely have a telephone hearing with an Administrative Law Judge where both you and your employer can present evidence. 4) The burden of proof for misconduct is on the employer, not you. Make sure your appeal clearly explains that you were on FMLA for medical issues, were actively communicating about your return, and never indicated any intention to resign. The employer's characterization of your separation as a voluntary quit appears to be incorrect based on your communication records.

To answer your question about evidence, you can request detailed call logs from your phone carrier that show all incoming calls for the relevant time period. Most carriers can provide this documentation, which would prove no call was received from your employer on the date they claim. This is considered strong objective evidence in unemployment hearings.

I had THE WORST time getting through to someone at ESD to discuss my appeal. Spent 3 days trying and always got disconnected or the dreaded "call volumes are too high" message! I almost gave up until someone told me about this service called Claimyr that gets you through to an ESD agent without the wait. It worked for me - had an actual person on the line in about 20 mins! Check out their site at claimyr.com - they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Talking directly to an agent before my appeal was SO helpful because they explained exactly what documents I needed to prepare. Saved me from missing important stuff in my hearing.

Yeah it's legit - I was skeptical too at first but was desperate after days of trying. They don't need any personal ESD info, just your phone number so they can call you back when they get an agent on the line. It was worth it for me because I needed answers before my appeal deadline and couldn't waste any more time trying to get through myself.

Listen, I went through EXACTLY what you're describing! My employer tried to claim I voluntarily quit after medical leave too. The system is RIGGED against workers - they automatically believe employers. I appealed and had to fight TOOTH AND NAIL to get my benefits. Here's what they DON'T tell you - ESD adjudicators are OVERWORKED and barely read your initial claim info. They see "missed work" and immediately click "misconduct" without investigating. The APPEAL process is where you actually get a fair hearing. But be prepared - your former employer WILL lie. Mine claimed they called me 5 TIMES when my phone records showed ZERO calls. They'll say ANYTHING to avoid paying! The good news? The Administrative Law Judges are actually pretty fair and will look at EVIDENCE not just take your employer's word. APPEAL IMMEDIATELY!!! Don't wait even ONE DAY!

No lawyer needed! I represented myself. Just be SUPER organized with your evidence. Print out MULTIPLE copies of everything. Number all your pages. Have a written timeline of events. Be ready for your employer to make stuff up - don't lose your cool when they do! Oh and when you get your hearing notice, PRACTICE your opening statement. You usually get 5 minutes to explain your side before questions start. Make it COUNT!

one thing nobody mentioned yet - check ur determination letter carefully, sometimes there's multiple reasons they denied u. my first letter had 2 different issues and i had to appeal both parts separately. dont miss anything!

Regarding your ability to work - make sure you keep filing your weekly claims during the entire appeal process! Many people stop filing while appealing, but if you win your appeal, you'll only get paid for weeks you properly claimed. Even though they're denying you now, keep certifying every week while your appeal is pending.

That's actually good for your case. In Washington state, the employer must establish that: 1) There was a specific company policy 2) You knew about the policy 3) You deliberately violated it If they haven't identified a specific policy in the determination letter, that weakens their case considerably. Make sure to point this out in your appeal: "The determination cites misconduct but fails to identify any specific known policy that I willfully violated." Also, attend your hearing even if your employer doesn't show up. If they fail to appear, you'll likely win by default since they have the burden of proving misconduct.

not to go off topic but this is why i HATE big companies!!! they have all these "policies" but then they break them whenever they want. my sister works in HR and says employers do this ALL THE TIME - claim people quit when they were actually fired. they think most people wont appeal. good for u for fighting back!!!

idk if this helps but last month i had 2 appeal that i lost at first but then when i had the phone hearing i won cause the judge said burden of proof is on employer for misconduct cases. u should ask ur doctor for a note too saying u had medical issues after fmla ended. that helped my case alot.

mine took like 6 weeks from when i appealed till hearing then another 2 weeks to get decision in mail. but i heard they backpay u for all weeks if u win so just keep doing weekly claims

One final piece of advice: during your hearing, stick to the facts and timeline. Don't get emotional or make accusations about your employer's motives, even if you believe they're acting in bad faith. The judge wants to hear what happened, not how you feel about what happened. Keep your statements clear and factual: "I was on approved FMLA until [date]. I communicated with HR on [dates] about my return. I have email evidence showing I intended to return to work. I never resigned or abandoned my position." Good luck with your appeal! Based on what you've shared, you have a strong case.