Fired after requesting sick leave - Is this disqualifying for ESD benefits?

You should absolutely apply for unemployment. Being fired for using legitimate sick leave is potentially wrongful termination. When you file with ESD, be sure to document exactly what happened - the sick leave request followed by termination within 24 hours. ESD typically looks at whether you were fired for "misconduct," and using approved leave benefits is NOT misconduct. If your employer challenges your claim (they probably will), you'll need to explain this timeline during the fact-finding interview. Also, gather any documentation showing your sick leave was approved or that you followed proper procedures for requesting it.

THEY CANT DO THAT!! firing someone for using sick time is illegal!! happened to my cousin last year and she got unemployment AND filed a complaint with L&I about retaliation. ESD will probably flag your claim for adjudication to investigate but dont panic, just explain exactly what happened. Save EVERYTHING - emails texts messages whatever proves the timeline between your sick leave and getting fired. good luck!!!

did they give u any other reason for firing? my boss tried to say i was fired for performance but it was right after i took FMLA. esd denied me at first but then when i appealed and showed the timing they reversed it. the key is if u can prove u were following the rules for sick leave and they fired u right after.

When you apply for unemployment, your employer will be asked to provide their reason for termination. If they claim misconduct, ESD will put your claim in adjudication while they investigate. This can take weeks and it's almost impossible to get someone on the phone. I was in adjudication for over 2 months last year and couldn't reach anyone at ESD until I used Claimyr (claimyr.com). They got me through to an actual agent in about 30 minutes after weeks of trying on my own. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. It was worth it to finally get my claim moving.

Employment specialist here. This situation raises several red flags. First, Washington's Paid Sick Leave law (RCW 49.46.210) prohibits employers from retaliating against employees for using their legally protected sick leave. Based on what you've described, you should: 1. File for unemployment immediately - don't wait 2. Be completely honest about the circumstances 3. If denied, appeal within the 30-day window 4. Document the pattern of multiple employees being terminated 5. File a complaint with L&I for potential retaliation: https://lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints As for your unemployment eligibility, being fired for using sick leave would not constitute misconduct that would disqualify you from benefits. The timing of events you've described strongly suggests retaliation, which ESD typically recognizes as an unjust termination qualifying for benefits.

my company did something similar to me last yr... filed for unemployment and they tried to say i quit (i didnt!) ESD put me in adjudication for like 6 weeks it was hell trying to pay bills. make sure u explain EVERYTHING in detail when u file and save all ur evidence. they'll probably try to make up some performance reason to justify firing u

One important detail: document everything related to your son's services being discontinued as well. That could strengthen your retaliation case. When you file your ESD claim, focus on the facts without emotional language - just the timeline and events. The sick leave request, followed by termination, followed by your son losing services creates a compelling pattern. Also, be prepared that many employers automatically contest all unemployment claims as a standard practice. Don't get discouraged if your initial claim is denied - the appeals process is where many legitimate claims get approved after a more thorough review.

I wanted to add something important: make sure you continue filing your weekly claims even if your application goes into adjudication or gets initially denied. Many people make the mistake of stopping their weekly certifications while waiting for a decision, but you need those on record to receive backdated payments if/when you're approved. The weekly claims process is separate from the investigation into your eligibility.

what about ur coworkers? are they filing for unemployment 2? might help if all of u are showing the same pattern from this company