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Fired after injury - limited lifting but no accommodations like during pregnancy - ESD eligible?

I'm in a really frustrating situation with my employer. I'm a CNA and was in a car accident back in February. My employer gave me the full 12 weeks of medical leave, which I appreciate. My doctor just released me to return to work with "limited manual lifting" (no specific weight restriction). Today I got an email saying I'm terminated because lifting is an essential function in my job description. Here's what's confusing me: when I was pregnant last year with almost the EXACT same doctor's note about limiting lifting, they temporarily moved me to a clerical position until I returned from maternity leave. Now they're claiming they have no positions to accommodate my restrictions. This feels discriminatory? The injury isn't even permanent - my doctor says I should be fully recovered in about 6-8 more weeks. Does anyone know if I qualify for unemployment in this situation? I didn't quit - they fired me because they claim they can't accommodate me, but they DID accommodate basically the same restriction before. I've worked there for 5 years with good performance reviews.

Keisha Thompson

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yes you can file for ui they cant fire you and then deny ui unless it was for misconduct or something else ur doing wrong

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TechNinja

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Thanks for replying! So even though they're saying I can't perform the job functions, that's not considered misconduct? I'm worried they'll fight my claim.

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Paolo Bianchi

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You absolutely should apply for unemployment. Being unable to perform job duties due to a temporary medical condition is NOT misconduct. The key factors that would help your case: 1. You have documentation showing they accommodated a similar restriction during pregnancy 2. Your doctor has indicated this is temporary 3. You were terminated rather than quitting 4. You have 5 years of good performance When you file, make sure to clearly state you were terminated because they refused to accommodate temporary medical restrictions. Be prepared for them to possibly appeal, but with your documentation about the pregnancy accommodation, you have a strong case for inconsistent treatment. Washington ESD generally considers being fired for a temporary disability as eligible for benefits. Just be completely honest about the situation in your application.

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TechNinja

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Thank you for the detailed response! I'll definitely mention the pregnancy accommodation on my application. Should I upload the doctor's notes from both situations as evidence? And do I need to mention the ADA in my application or just stick to the facts?

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Yara Assad

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You have a great case for unemployment AND possibly a discrimination case. Washington is a pretty employee-friendly state. Since they accommodated you during pregnancy but not for your injury, that could be considered inconsistent application of their policies. When you file for unemployment, be factual - state you were released to work with temporary restrictions, they previously accommodated similar restrictions during pregnancy, but now they're claiming they can't accommodate. If your former employer contests your claim (many do automatically), you'll have a chance to provide evidence during the adjudication process. Submit both doctor's notes showing the similar restrictions, any emails about your previous accommodation, and the termination notice. I'd also consider consulting with an employment attorney about the possible discrimination aspect. Many offer free consultations.

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Olivia Clark

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this happened to my sister last year!!! she was a CNA too and they wouldnt let her come back after she hurt her back. ESD approved her claim and gave her benefits but her work tried to fight it. she won her appeal tho

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Javier Morales

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File for UI immediately!!! I had almost the same situation (different job but similar medical restriction issue) and my claim took FOREVER to process because my employer fought it. The system is so backed up right now and if they put your claim in adjudication it can take 8-10 weeks to resolve. I literally couldn't pay my rent while waiting. One tip - when you're trying to reach ESD to check on your claim status, it's basically impossible to get through on the regular line. After three weeks of trying, I found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Seriously saved my sanity during the whole adjudication nightmare.

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Natasha Petrov

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That Claimyr thing sounds sketchy. Why would you need a service to call unemployment? Just keep calling yourself.

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Javier Morales

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Have you tried calling ESD lately? I called 43 times in one day and either got busy signals or got disconnected after waiting on hold. The system is completely overwhelmed. I was desperate after weeks of trying - it actually worked and saved me a ton of time and frustration.

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Connor O'Brien

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OMG the EXACT same thing happened to me at Providence!!! They accommodated me during pregnancy with a desk job but when I got injured they said "sorry can't help" and fired me! SO UNFAIR. I filed for unemployment and got approved even though they tried to fight it. You might also have a case under ADA (Americans with Disabilities Act) since they've PROVEN they can accommodate this type of restriction. The fact they did it for pregnancy but not injury seems like discrimination! My advice is to file for unemployment right away AND file a complaint with L&I. Document EVERYTHING. Save every email. Write down conversations with dates and who said what. Take screenshots of your performance reviews. This helped me a TON when I had my phone interview with the ESD adjudicator.

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TechNinja

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Thank you for sharing your experience - it's honestly reassuring to hear from someone who went through basically the same thing. I'll definitely file with ESD right away and will look into the L&I complaint process. I'm going to gather all my documentation this weekend.

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Paolo Bianchi

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One more thing to consider - when you file your weekly claims, make sure you answer the work search questions carefully. Since you have a medical restriction, you might be eligible for a work search exemption but you need to request it specifically. Otherwise, you'll need to do 3 job search activities each week. If you get the exemption, you'll still need to be "able and available" for suitable work that meets your restrictions. So technically you need to be looking for jobs that would accommodate your temporary medical condition. ESD can be really picky about this, and it's a common reason claims get denied even when people qualify otherwise.

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Connor O'Brien

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THIS!!! I almost lost my benefits because I didn't understand the work search requirements with medical restrictions. Make sure you call and ask specifically about getting coded properly in their system. The online instructions aren't very clear about this situation.

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Yara Assad

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To answer your specific question about what documents to upload - yes, definitely include both doctors' notes showing the similar restrictions. Also include: 1. Your termination notice/email 2. Any documentation about the accommodation they provided during pregnancy 3. Your job description 4. Recent performance reviews showing you were in good standing Don't specifically mention ADA or discrimination in your initial unemployment claim - stick to the facts about why you were terminated. The unemployment process just needs to determine if you're eligible for benefits, not whether your employer violated labor laws. If your claim goes to adjudication (which it likely will), you'll have a phone interview with an adjudicator. That's when you can explain the inconsistency between how they handled your pregnancy vs. your injury.

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TechNinja

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Thank you so much for this advice! I'm starting to feel more confident about applying. I'll focus on the facts for the initial claim and will have all my documentation ready for the adjudication process.

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