ESD denied unemployment after being fired for 'insubordination' when workplace denied bipolar accommodations - how to appeal?

You absolutely need to appeal this immediately! You have 30 days from the date of the determination letter to file your appeal with the Office of Administrative Hearings (OAH). This is a case of potential ADA violations that ESD needs to consider. For your appeal, gather these documents: 1. All medical documentation of the bipolar diagnosis 2. Written accommodation requests and the doctor's recommendations 3. Documentation showing accommodations were denied 4. The contradictory PIP and job description (highlight the contradictions) 5. Any emails or communications showing the impossible situation Make sure your appeal clearly explains that this wasn't insubordination but discrimination against a protected disability. The key is proving the employer created an impossible situation knowing about his condition. I've seen similar cases win on appeal when the full context is presented.

As someone who went through something similar (not identical but employer discrimination), I can tell you that the appeal hearing is your chance to tell the whole story. The initial ESD decision is often made just based on what the employer reports. Don't give up! One thing that helped me was documenting a timeline of EVERYTHING - when the diagnosis was disclosed, when accommodations were requested, when they were denied, when the PIP started, etc. The timeline helped the judge see the full picture. Also, reach out to the Northwest Justice Project or Unemployment Law Project for free legal help with your appeal. They can review your case and might even represent you at the hearing.

sorry ur going thru this. ESD sucks sometimes. my cousin had similar thing happen (different medical condition) and he ended up winning his appeal but it took forever. make sure u keep filing weekly claims even while appealing!!! super important!! if u win theyll pay all back weeks

I'm going through a similar situation but with anxiety/depression. My employer refused my accommodations too and then wrote me up for "performance issues" that were directly related to my condition. Im still in the middle of my appeal. Its so frustrating that employers get away with this. Please update us on how your appeal goes!

If you're struggling to get through to ESD about this situation, you might want to try Claimyr. I was going in circles with my appeals case and couldn't get anyone on the phone until I used their service. They connected me with an ESD agent in about 25 minutes when I'd been trying for weeks. You can see how it works at claimyr.com or check out their video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. For your actual appeal, focus on the impossibility of the situation they created. The judge will look at whether a reasonable person could have succeeded in the circumstances they created. If they gave contradictory directives, that's key to your case.

YOUR HUSBAND WAS DISCRIMINATED AGAINST!!! This makes me SO ANGRY! I'm not a lawyer but I work in HR and what they did is TEXTBOOK ADA violation. Bipolar is a protected disability and they CAN'T deny reasonable accommodations without proving "undue hardship" which most companies can't prove. Document EVERYTHING. Get statements from coworkers if possible who witnessed this treatment. This isn't just an unemployment issue - he might have a discrimination lawsuit too!!!!

I had my appeal hearing last month and won. Some advice: 1) Practice what youll say beforehand 2) Be SUPER specific with dates and facts 3) Don't get emotional even tho its hard 4) Interrupt politely if the employer lies 5) Have all documents ready to refer to quickly. The judges are usually fair if u have evidence. Good luck!

One more important thing: In your appeal, specifically cite Washington Administrative Code (WAC) 192-150-125, which addresses separation due to disability. This code section states that a worker isn't disqualified from benefits if they left work due to disability, tried to maintain the employment relationship through accommodation requests, and those reasonable accommodations were denied. The burden will be on your husband to show he made reasonable efforts to preserve his employment through accommodation requests. Also, keep in mind that OAH hearings are entirely separate from ESD. The judge will review everything fresh, so don't be discouraged by ESD's initial determination. I've seen many people win at the appeal stage.

my brother went thru something kinda the same with his adhd... he won his appeal but then the employer appealed that decision and it went to commissioner review which took another 2 months... just be prepared this might take awhile... and yeah what everyone else said keep filing weekly claims!!

One more thought - make sure you're super clear in the hearing about the "impossible situation" they created. Write it out very clearly: "If my husband followed the PIP by doing X, he would violate his job description which required Y. If he did Y as required in his job description, he would violate the PIP." Having concrete examples of this contradiction will be crucial. Also, did anyone at his workplace ever acknowledge his bipolar condition or the accommodation requests in writing? Any emails or documents that show they were aware of his condition?

I'm a disability advocate and what happened to your husband is unfortunately all too common, but you have a strong case for appeal. The fact that you have written documentation of the accommodation requests being denied AND the contradictory PIP/job description is huge. This shows a clear pattern of setting him up to fail after he disclosed his disability. A few additional things to consider for your appeal: - Request that the judge consider the "interactive process" requirement under the ADA. Employers are legally required to engage in good faith discussions about accommodations, not just flat-out deny them. - Emphasize that the termination happened AFTER he disclosed his bipolar condition and requested accommodations - this timeline matters for showing discriminatory intent. - If possible, get a letter from his treating doctor explaining how the workplace stress and denied accommodations exacerbated his symptoms, making it even more difficult for him to meet the impossible standards they set. The judge will need to determine if a reasonable person could have avoided termination in those circumstances. With contradictory directives and denied medical accommodations, that's clearly impossible. Stay strong - you've got this!