ESD asking for response to termination after 7 weeks - will missing weekly updates disqualify me?
I've been waiting 7 weeks on my unemployment claim with zero decision and finally got some movement today. ESD is now asking me to provide a response to why my employer terminated me. According to them, I was fired because I "missed turning in weekly updates and had missed a few in the past." Here's the thing - the last weekly update I missed (which triggered the firing) was because I was legitimately sick. I have a doctor's note proving it which I've already uploaded to my claim. I had missed a couple others previously (maybe 2-3 over 8 months), but always with valid reasons. I'm freaking out because I really need these benefits. Will ESD consider this misconduct and deny my claim? Does having the doctor's note for my last absence help my case? I've worked for this company for almost 3 years with mostly positive reviews until this happened.
20 comments
Olivia Garcia
This is exactly the kind of BS reason employers use to try and deny people benefits!!! I went through something similar in 2024 when my company tried to say I was fired for "not meeting expectations" when really they were just downsizing. ESD takes FOREVER to process these disputes. Mine took 9 weeks in adjudication!! Did you submit a detailed explanation with your doctors note? Also what industry are you in? Some have different standards.
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Liam Brown
•I'm in healthcare admin. I uploaded the doctor's note but I didn't provide much explanation beyond "I was sick and have medical documentation." Should I be more detailed in my response now? And 9 WEEKS? I'm already at 7 and going crazy!
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Noah Lee
my sister had something like this happen she had to go to her sons school for emergancy and got fired for it. ESD approved her because they said it wasnt willfull misconduct or something. did u have any warnings before getting fired?
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Liam Brown
•I had one verbal warning about 6 months ago, but nothing written or formal. They never put anything in writing about attendance issues.
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Ava Hernandez
Based on what you've described, this shouldn't be considered misconduct that would disqualify you from benefits. Missing work due to illness with medical documentation is generally considered a good cause absence. Here's what I'd recommend: 1. Respond with a clear timeline of events 2. Explain that your final absence was due to documented illness (reference the doctor's note) 3. Note that any previous missed updates were infrequent (only 2-3 over 8 months) 4. Mention your otherwise good standing during your 3 years of employment 5. Specify that you received only one verbal warning 6 months prior with no formal disciplinary process ESD is evaluating whether your actions constitute misconduct, which requires a deliberate disregard for the employer's interests. Legitimate illness doesn't meet that standard. Make sure you respond by their deadline!
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Liam Brown
•Thank you SO MUCH for this detailed response! I'll make sure to include all these points. Do you know how long it typically takes after responding to get a decision? I'm running out of savings...
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Isabella Martin
anybody else notice how ESD always sides with employers?? its like they WANT to deny benefits. they denied me for something simlar last year and i had to appeal TWICE.
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Elijah Jackson
•They don't always side with employers. My claim was initially denied but approved after adjudication when I presented my evidence. The key is documentation and being able to explain your side clearly. OP has a doctor's note which helps tremendously.
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Sophia Miller
This sounds like a straightforward case where you should be approved. Missing work due to illness with medical documentation is not misconduct under ESD guidelines. The fact that you had a doctor's note is critical - make sure you emphasize this in your response. I'd also recommend trying to reach an ESD agent directly to explain your situation. Regular phone lines are impossible right now (2-3 hour waits), but I used a service called Claimyr last month when my claim was stuck in adjudication. It got me through to an actual ESD agent in about 20 minutes who resolved my issue. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me weeks of waiting.
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Liam Brown
•Thanks for the tip! I've been trying to call ESD for weeks with no luck. I'll check out that service - at this point I'd do anything to get this resolved faster.
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Elijah Jackson
I went through adjudication earlier this year for a similar issue. When responding to ESD's request, focus on these key points: 1. The absence that triggered termination was due to illness (proven by your doctor's note) 2. The absences were not frequent or excessive (2-3 over 8 months is not much) 3. You had 3 years of good employment before this 4. There was only one verbal warning with no written discipline For ESD to deny benefits, they need to establish that your actions constituted misconduct. Under RCW 50.04.294, absence due to documented illness is not misconduct. Your doctor's note is your strongest evidence. In my experience, once you respond, it could take another 2-3 weeks for a decision. If they ask for additional information, respond immediately to avoid further delays.
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Mason Davis
•This is right. also make sure u save copies of EVERYTHING u send them!! My friend lost her appeal because she couldnt prove she sent some document they said they never got.
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Isabella Martin
just wondering did u tell ur employer u were sick BEFORE u missed the update or after? that could make a difference i think
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Liam Brown
•I called in sick that morning before my shift started, and told them I wouldn't be able to submit the weekly update. My supervisor seemed fine with it at the time, but then HR called me the next day and said I was terminated. It felt like they were just looking for an excuse to let me go.
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Ava Hernandez
That's even better for your case. You followed proper notification procedures by calling in before your shift, which further supports that this wasn't misconduct. Make sure to include this detail in your response to ESD - that you properly notified your employer according to their policies. To answer your earlier question about timing: After you respond to their fact-finding questions, it typically takes 2-4 weeks for a decision, though it can be faster or slower depending on their current workload. If you haven't received any update after 3 weeks, I'd recommend contacting them for a status check.
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Liam Brown
•Thank you again! I just submitted my response with all the details everyone suggested. Now more waiting... I'll update this thread when I hear something.
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Olivia Garcia
THE WORST PART is how they make us wait for WEEKS while bills pile up!!!! Why does it take 7+ weeks just to ask a simple question they could have asked day ONE?!?! The whole system is designed to make people give up. FIGHT FOR YOUR BENEFITS!!!!
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Noah Lee
•so true... my neighbor gave up after 5 weeks and took a job paying way less than her old one just because she couldnt deal with esd anymore
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Mason Davis
Make sure ur still filing weekly claims while waiting for adjudication!!! A lot of people forget and then have to backfile which is a huge hassle
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Liam Brown
•Yes, I've been filing every week! Haven't missed a single one. Just says "pending - adjudication in progress" for all of them.
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