Fired during sick leave with doctor's note - can I qualify for ESD benefits?
So I just got let go from my job yesterday. I was still within my 90-day probation period, and had to take a week off because I got really sick (had a legit doctor's note and everything). When I called to check when I could come back, my supervisor told me they were 'terminating my employment effective immediately' because of 'attendance issues.' But the only time I missed was this one week that I had medical documentation for! Can they legally fire me while I'm out sick even with a doctor's note? And more importantly, would I qualify for unemployment benefits through ESD? I've never applied before and I'm freaking out about bills next month.
18 comments
Jamal Edwards
Yes, unfortunately Washington is an at-will employment state, which means they can terminate you for almost any reason during probation (or even after), as long as it's not discrimination against a protected class. A doctor's note doesn't automatically protect your job, especially during probation. The good news is that being fired for being sick usually doesn't count as misconduct for ESD purposes, so you should still qualify for benefits. Apply as soon as possible on eServices and make sure to be very specific that you were terminated while on documented medical leave. When they ask for the reason for separation, choose 'discharged' and explain the situation exactly as it happened.
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ThunderBolt7
•Thank you for explaining that. Would it help if I upload my doctor's note when I apply? And do I need to let my employer know I'm applying for benefits, or does ESD contact them automatically?
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Mei Chen
THEY CAN DO WHATEVER THEY WANT DURING PROBATION!! Its complete BS but ive seen it happen to so many people. The whole system is rigged against workers. My roomate got fired last yr for missing 2 days with the flu even tho he had a doctors note too. Definitely apply for benefits tho - ESD might side with you since you had medical documentation. Make sure you appeal if they deny you the first time!!!
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Liam O'Sullivan
•This is why I tell people NEVER get sick during probation no matter what. I literally went to work with pneumonia during my probation period last year because I knew they'd fire me if I took time off. Got everyone else sick but kept my job! The worker protections in this state are PATHETIC.
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Amara Okonkwo
Apply for unemployment right away. The key factor that ESD will look at is whether your absence was justified (which it was with the doctor's note) and whether you followed the proper call-in procedures for your workplace. If you followed their attendance policy for reporting absences, you have a strong case for benefits approval. When you apply, make sure to provide detailed information about: 1. The exact dates you were absent 2. How and when you notified your employer 3. That you had medical documentation 4. That you were terminated specifically for this absence Be prepared for your employer to possibly contest your claim. If that happens, you'll go through the adjudication process where both sides present their case.
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ThunderBolt7
•Thanks for these details. I did follow all their call-in procedures and have text messages proving I communicated with my supervisor daily. Do you know how long the adjudication process typically takes if my employer does contest it? I'm worried about how I'll cover expenses while waiting.
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Giovanni Marino
Hopefully this helps but my sister went thru something similar last yr! She got fired during probation after missing work for a medical issue. She applied for ESD benefits online right away and got approved in about 2 weeks. Just be super honest about everything when you file and don't leave any details out. Make sure you do your weekly claims even while waiting for the initial decision.
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ThunderBolt7
•That's reassuring to hear! Did your sister have any issues getting through to ESD if she had questions during the process? I've heard their phone lines are impossible.
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Liam O'Sullivan
If you're having trouble getting through to ESD (which you probably will), try Claimyr.com - it helped me get through when I was in adjudication for like 6 weeks and couldn't reach anyone. They have a service that helps you connect with an ESD agent without waiting on hold forever. They have a video that shows how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Worth it when you're desperate to talk to someone about your claim status. I literally tried calling for 3 weeks straight before finding this.
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Fatima Al-Sayed
•I used them too last month! Saved me hours of redial attempts. Got through to an actual person who could help with my adjudication instead of the automated system that kept hanging up on me.
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Dylan Hughes
just wondering did u check ur employee handbook? some companies hav specific rules about probation period and they mite actually mention that any absence (even with doctors note) can lead to termination. not saying its right but might explain why they thought they could do this
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ThunderBolt7
•That's a good point. I'm going to dig up my onboarding paperwork tonight and double-check. I don't remember seeing anything that extreme but maybe I missed something in the fine print.
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Jamal Edwards
Since you're applying for the first time, here are some important things to know: 1. After your initial application, you must file weekly claims every week, even if your application is still pending 2. You'll need to complete 3 job search activities each week and log them 3. Have your employment history for the last 18 months ready (company names, addresses, dates worked) 4. Be prepared to upload your doctor's note as supporting documentation 5. If your claim goes to adjudication, continue filing weekly claims while you wait And don't worry too much - the fact that you have documentation from a doctor puts you in a much better position than many people who get terminated during probation.
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ThunderBolt7
•This is incredibly helpful, thank you. I wasn't aware of the job search requirements. Do I need to start searching immediately, or is there a waiting period after application before I need to start logging job search activities?
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Amara Okonkwo
You need to start job searching and logging your activities as soon as you file your initial claim. Each week when you file your weekly claim, you'll need to report whether you completed your required job search activities (which is currently 3 per week). ESD may audit your job search log at any time, so keep detailed records of each application, including: - Company name - Date of application/contact - Position applied for - Contact method (online, in-person, etc.) - Contact person if applicable - Result/follow-up Some people get tripped up on this requirement and lose benefits, so take it seriously from day one.
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ThunderBolt7
•Got it - I'll start keeping detailed records right away. One last question - do interviews count as job search activities for the week? Or only actual applications?
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Jamal Edwards
Yes, interviews absolutely count as job search activities! Here's what counts: 1. Job applications (online or paper) 2. Job interviews (phone, video, or in-person) 3. Creating/updating profiles on employment websites 4. Registering with WorkSource 5. Attending job fairs 6. Taking skills assessments related to job seeking 7. Meeting with career counselors So an interview is definitely a valid activity. Just document all the details as mentioned above. Good luck with your claim and job search!
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ThunderBolt7
•Thank you so much for all this information! I feel much more prepared now. I'm going to submit my application tonight and start job searching tomorrow. Really appreciate everyone's help here!
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