ESD claim at risk after getting job while pregnant - legal rights?
I just landed a job after struggling with unemployment for 6 months in Seattle. My ESD benefits were about to run out, so the timing couldn't have been better. Here's my dilemma though - I just found out I'm 4 months pregnant (total surprise) and haven't told my new employer yet. I start the job next week and I'm freaking out about when/how to tell them. Since Washington is an at-will employment state, can they legally fire me once they find out I'm pregnant? Would I be eligible for ESD benefits again if they do? I've already closed my unemployment claim since I got the job offer. Really stressed about potentially losing both the job AND benefits right when I need stability most.
16 comments
Jamal Brown
Congrats on both the job and the baby! I'm a former HR manager, so I can tell you that firing someone specifically because they're pregnant is illegal under both Washington state law and federal law (Pregnancy Discrimination Act). But you're right that WA is an at-will state, so they could technically fire you for other reasons. As for ESD benefits, if you get let go after working there, you would likely qualify for unemployment again, though your benefit amount might change based on your new earnings. Make sure to document everything during your employment in case you need to file a discrimination claim later.
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Zoe Papadopoulos
•Thank you so much for this info! Do you think I should tell them right away or wait until I've been there a bit longer? I'm so nervous about making the wrong move here.
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Fatima Al-Rashid
i waited until i was 5 months to tell my work and it went fine. they legally cant fire u for being pregant but they cud make up some other reason. just do good at ur job and document EVRYTHING. save emails, take notes after meetings etc. congrats btw!!
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Zoe Papadopoulos
•Thank you! That's actually really reassuring to hear you had a positive experience. I think I might wait until I've been there at least a few weeks to prove myself first.
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Giovanni Rossi
I was in almost this exact situation last year! Got hired when I was 3 months along but didn't know it yet. I told my boss around 4.5 months when it started to show. Here's what helped me: 1. I researched the company parental leave policy first 2. I came with a plan for how work would be handled during my leave 3. I framed it as exciting news, not apologetically My boss was surprised but ultimately supportive. Remember, pregnancy discrimination is illegal even in at-will states. The tricky part is proving it if they try to fire you for "other reasons." For ESD purposes - if they did fire you (which I doubt they will), you'd likely qualify for benefits again since the job loss wouldn't be your fault. The qualification is based on your work history over the past 18 months, so your recent unemployment wouldn't disqualify you.
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Zoe Papadopoulos
•This is SO helpful, thank you! I love the idea of coming prepared with a plan. Did you tell HR first or your direct manager?
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Aaliyah Jackson
my sister worked hr for 10 years and she says ALWAYS tell HR first not ur boss! that way theres an official record and ur protected. also congrats!!!
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Giovanni Rossi
•This really depends on the company culture. At smaller companies, going to HR before your direct manager can sometimes create awkwardness. But your sister definitely has a good point about creating an official record!
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KylieRose
I wanted to add some specific information about your ESD benefits question. If they were to terminate your employment after you disclose your pregnancy, you would need to file a new claim. Since you'd have new wages in your base year, your weekly benefit amount might actually be higher than before. However, there could be questions about the reason for separation that might temporarily hold up your claim during adjudication while they investigate if there was any misconduct. If it's determined the separation was due to discrimination (which is illegal), you'd definitely qualify for benefits. One important thing: document EVERYTHING from day one. Save emails, take notes after conversations, etc. This will help if you ever need to file a discrimination claim with L&I or if ESD needs to investigate the reason for separation.
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Zoe Papadopoulos
•Thank you for the detailed ESD info! That's actually really good to know about the potential for a higher benefit amount. Hoping it doesn't come to that, but it helps ease my mind knowing I'd have options.
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Miguel Hernández
I've been trying to reach ESD for weeks about a similar situation (though I was fired, not hired) and can't get through at all. Has anyone had luck getting a real person on the phone lately? I've tried calling 100+ times and always get disconnected.
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Sasha Ivanov
•Try using Claimyr - it's a service that will call ESD for you and get you connected to an agent without the wait. I was skeptical but it worked for me after weeks of trying on my own. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Saved me hours of frustration when I had an adjudication issue similar to what you might face if there's any dispute about your separation.
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Liam Murphy
OP be careful, lotta people giving advice here but at-will means AT-WILL!! they can fire you for almost any reason as long as they dont say its cuz ur pregnant. Happened to my cousin!! She told them she was pregnant and 2 weeks later they fired her for "performance issues" that never existed before. ESD denied her too saying she was fired for cause!!!
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Jamal Brown
•While this can happen, it's important to note that if the timing is suspicious (like being fired shortly after announcing pregnancy with no prior documented issues), you can appeal the ESD decision and potentially win. Also, Washington State has stronger protections than some other states. But your point about documentation is absolutely crucial - always keep records of performance feedback.
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Zoe Papadopoulos
Thank you everyone for all the advice! I think I'm going to: 1. Start the job and document EVERYTHING from day one 2. Wait until I'm about 5 months along (so 3-4 weeks into the job) 3. Tell HR first with a written plan for my leave 4. Hope for the best but be prepared with documentation if things go badly It's such a relief to know I'd likely qualify for ESD benefits again if the worst happens. I'll definitely update this thread once I've had the conversation with them. Wish me luck!
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Giovanni Rossi
•That sounds like a solid plan! And remember - most employers these days are much more accommodating than we fear they'll be. Pregnancy is common and businesses generally have processes for handling it. Good luck and let us know how it goes!
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