ESD denying claim after termination related to my son's death - need advice on adjudication
I'm in the middle of an ESD adjudication and feeling completely overwhelmed. My employer terminated me after I struggled following my son's passing. During that period, my company was doing substantial layoffs and kept changing my job responsibilities. I couldn't keep up with their performance expectations while dealing with my grief, missed work days, and eventually fell below sales targets. ESD just sent me an adjudication letter asking me to explain why I was late multiple times and didn't properly complete the product return process. I responded truthfully that I hadn't received training on that specific procedure. I also submitted documentation showing I maintained communication with my supervisor about my tardiness and had requested disability accommodations related to my grief/mental health after losing my child. They basically ignored my accommodation requests and fired me instead. Has anyone been through something similar with ESD? Do they typically side with employees in situations involving disability accommodations that weren't provided? I'm so stressed about potentially being denied benefits when I genuinely couldn't perform under those circumstances.
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Malik Jenkins
I'm so sorry about your son. That's devastating. I went through adjudication last year for something sorta similar (medical issues causing performance problems). The key is whether they fired you for "misconduct" or just for not meeting job requirements. If it was just performance issues rather than intentionally breaking rules, ESD usually sides with you. Make sure you emphasize the disability accommodation part in any communications with them!!!
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Isabella Costa
•Thank you - that's helpful to know about the misconduct vs. performance distinction. They definitely framed it as performance when they let me go, not misconduct. I did emphasize the accommodation requests in my response letter to ESD, and included copies of my emails asking for help.
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Freya Andersen
First, my condolences for your loss. Based on what you've described, you have a strong case for benefits approval. Under Washington state law, when an employer fails to provide reasonable accommodations for a disability (including mental health conditions following a traumatic event), termination related to that disability typically doesn't constitute misconduct. The key factors ESD will consider: 1. Did you formally request accommodations? (sounds like you did) 2. Was your tardiness directly related to your mental health condition? 3. Did your employer make any attempt to accommodate before termination? Ensure ESD has all documentation of your accommodation requests and any medical documentation supporting your condition. If your employer terminated you without engaging in the interactive accommodation process required by law, that significantly strengthens your claim.
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Isabella Costa
•This is incredibly helpful information, thank you. I did formally request accommodations in writing via email. My tardiness was absolutely related to sleep issues and anxiety stemming from my loss. And no, they didn't make any meaningful attempts to accommodate - they just said they'd "look into it" but never followed up before terminating me. I'll make sure ESD has copies of everything.
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Eduardo Silva
sorry about ur kid but esd is super strict about attendance stuff even with good reasons. my cousin got denied for missing work due to childcare issues even tho she told her boss ahead of time. they care more about if u broke company policy than why u did it.
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Freya Andersen
•That's not entirely accurate. While attendance issues can be grounds for denial, there's a significant difference when disability accommodations are involved. If an employer fails to provide legally required accommodations that would have addressed the attendance issues, ESD typically won't consider it misconduct. Your cousin's situation with childcare, while difficult, falls under different legal considerations than a disability accommodation request.
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Leila Haddad
I've been through the EXACT same situation with ESD!!! My mom died and I was a MESS at work, couldn't focus, crying all the time. My company fired me for "performance" but it was really because they didn't want to deal with someone grieving. I had to wait FOREVER to get through adjudication (like 7 weeks) but I was eventually approved. The adjudicator told me that if your performance issues are directly related to a temporary condition and not willful misconduct, you should be eligible. Don't give up!!!
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Isabella Costa
•Thank you for sharing your experience - that gives me some hope. Did you have to attend a phone interview with the adjudicator? They mentioned in the letter that they might contact me for one, and I'm really anxious about it.
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Leila Haddad
•Yes I did have a phone interview! It was actually not as scary as I thought. They just asked me to explain the timeline of events in my own words. Be honest but make sure to emphasize that you TRIED to do your job despite your grief and that you asked for help/accommodation. The interviewer was actually really sympathetic to my situation.
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Emma Johnson
ESD is such garbage these days. I bet they deny you even though you deserve benefits. Their whole system is designed to protect employers, not workers. I filed last year and they put me through THREE adjudications before approving - took almost 3 months!
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Ravi Patel
•If you're still waiting for ESD to make a determination, have you tried calling them directly? I know their phone lines are notoriously difficult to get through, but I used a service called Claimyr (claimyr.com) that helped me get through to an ESD agent within about 30 minutes instead of spending days redialing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Once I actually spoke with someone, they were able to expedite my adjudication and provide specific guidance on what documentation would strengthen my case.
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Astrid Bergström
I'm really sorry for your loss. I think you'll likely win your unemployment claim based on what you've shared. Under Washington state unemployment law, being fired for performance issues related to a disability (including mental health conditions following a traumatic event) generally doesn't disqualify you from benefits. Three things that will help your case: 1. You requested accommodations in writing and they failed to provide them 2. You communicated about your tardiness rather than just not showing up 3. The product return process issue was due to lack of training, not willful misconduct These facts should help distinguish your case from standard misconduct disqualifications. Make sure to clearly express all of this during your adjudication interview if they schedule one.
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Isabella Costa
•Thank you for breaking it down this way. I feel more confident about my case now. I've gathered all my emails showing I requested accommodations and communicated about tardiness. I also found training documents showing the product return process wasn't covered in my onboarding materials after my job changed.
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Leila Haddad
Has ESD given you any timeframe for when they'll decide? My adjudication took FOREVER in 2024 (like 6 weeks) and I was so stressed about bills the whole time. Keep filing your weekly claims no matter what!
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Isabella Costa
•They didn't give me a specific timeframe, just said the adjudication process could take several weeks. I've been filing my weekly claims religiously even though they're all showing as "pending" with no payments. It's getting really tight financially.
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Emma Johnson
•thats how they get you!! they hope ull give up so they dont have to pay. the system is RIGGED against workers. keep filing and document EVERYTHING
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Ravi Patel
I faced a similar situation last year and eventually won my case, but it took persistence. Based on my experience with ESD adjudication, here's what helped me: 1. I called ESD directly to explain my situation to an actual person (used Claimyr.com to get through - their video demo at https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 shows how it works) 2. I submitted a detailed timeline showing: - When the company began layoffs - When my job duties changed - When I requested accommodations - Dates of all communications with my supervisor 3. I got a supporting statement from my doctor confirming my mental health condition The adjudicator ultimately ruled in my favor because I could prove I was making good-faith efforts despite my circumstances and that my employer failed to accommodate a legitimate disability. Keep advocating for yourself!
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Isabella Costa
•Thank you for the detailed advice. Creating a timeline is a great idea - I'm going to put that together today. I have documentation from my therapist about my grief-related depression and anxiety, so I'll submit that as well. I've been calling ESD daily but can't get through - I'll check out that service you mentioned.
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