ESD adjudication for 8 weeks after ADA accommodation denied - employer claiming I quit

This is definitely in a gray area. Technically when you told them you were going to look for other work, they could interpret that as notice. But they should have engaged in what's called the 'interactive process' under ADA before concluding they couldn't accommodate you. Did you get anything in writing from them about why they couldn't accommodate? That would be important for your case.

Same thing happened to my cousin!!! They claimed she 'quit' when she just asked about accommodations for her back injury. It's total BS how companies get away with this. ESD wont help either, they ALWAYS side with the employer. The whole system is rigged!!!

Ive been thru something similar. The key is can you prove you didnt actually say "Im quitting" but instead said you "need to look for other work"? Those are very different statements. One is immediate resignation the other is just stating a future intention. If you have any texts or emails that show your exact words that would really help your case with ESD. 8 weeks in adjudication is unfortunately pretty normal these days tho.

i had my claim stuck for 10 weeks last year it sucks but theres nothing you can do but wait... they wont tell you anything when you call just that its "under review" or whatever... good luck

This is actually what's called a 'constructive discharge' case. When an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign, it can be treated as a termination rather than a voluntary quit for UI purposes. Here's what matters for your ESD case: 1. Document the connection between your doctor's recommendation and your statement about seeking other work 2. Emphasize that you were FOLLOWING medical advice 3. Point out the employer's failure to engage in the interactive process required by ADA 4. Clarify that you never gave a resignation date or formally resigned ESD adjudicators are trained to recognize these nuanced situations. Make sure all documentation clearly shows you didn't quit, but rather were following medical necessity after accommodation denial. In my experience, these cases often resolve in the claimant's favor when properly documented.

Have you tried contacting your state representative? When my UI claim was stuck for months, I reached out to my district rep and they helped expedite things. Worth a shot if you've been waiting 8 weeks already.

I've worked with several clients in similar situations. Here's what I've found works best in these cases: 1. Submit a formal appeal letter to ESD clearly stating you did not voluntarily quit but were effectively terminated when your employer failed to accommodate your disability 2. Include relevant portions of your medical documentation (not everything - just what directly relates to needed accommodations) 3. Reference specific ADA violations by your employer (failure to engage in interactive process, failure to consider reasonable alternatives) 4. Request an expedited decision due to financial hardship Also, if you've been calling daily without success, consider using a service like Claimyr (claimyr.com) to actually get through to an agent. They have a system that gets you past the hold times and connected to ESD. Their video demo shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Getting an actual agent on the phone can make all the difference in resolving adjudication issues.

why dont u just get a lawyer? sounds like wrongful termination if they wouldnt do ADA stuff

One thing that helped me was gathering evidence that other employees had similar accommodations granted. Do you know if anyone else at your company ever received the same or similar accommodation that you requested? That could really strengthen your case with ESD by showing the company was being discriminatory specifically to you.

Based on what you've shared, I think you have a strong case. ESD typically considers these factors in determining if you quit or were effectively discharged: 1. Did you take all reasonable steps to preserve your employment? 2. Was the employer's action or inaction the real cause of separation? 3. Would a reasonable person in your situation with your medical constraints feel compelled to leave? The fact that your doctor specifically stated you should seek other employment if accommodations weren't possible creates a compelling argument that you had no reasonable alternative. Just make sure ESD has this documentation clearly spelled out. 8 weeks is unfortunately not unusual for complex adjudication cases, especially those involving medical issues and potential discrimination.