Fired for being sick can I collect Washington ESD unemployment benefits?

That's good to hear. I was afraid having 'fired for cause' on my termination paperwork would automatically make me ineligible.

misconduct has to be willful or negligent behavior. being sick isnt misconduct if you followed proper procedures

I kept all my doctor's notes and even have emails showing I followed their call-in procedures. Should I submit these with my initial application?

Yes, include everything when you file. The more documentation you have showing you followed proper procedures and had legitimate medical reasons, the better your chances of approval.

How long did the whole appeal process take? I'm worried about the timeline since I need to start looking for work.

Appeal took about 6 weeks total including the hearing. But I was able to collect benefits retroactively once approved, so didn't lose any money.

You can still file weekly claims during the appeal process even if initially denied. Just make sure to keep doing your job search activities.

That's exactly what I'm worried about - not being able to reach anyone if my claim gets complicated. How much does something like that cost?

It was worth it for me since I was stuck in adjudication for weeks. Way better than spending hours on hold or getting disconnected.

never heard of that service but honestly anything is better than the current phone system. takes forever to get through

My company handbook says to call in before your shift starts, which I always did. Plus I brought doctor's notes when I returned.

sounds like you did everything right. file your claim and let washington esd investigate

I understand the frustration, but Washington ESD actually has pretty reasonable policies about medical-related terminations. The system works better than people think when you have proper documentation.

maybe youre right but ive seen too many people get screwed over by technicalities

Good to know I have that option. Hopefully it won't come to that but it's reassuring there's a process.

The appeal process is actually pretty straightforward if you have your documentation organized. Most people win appeals when they have medical proof.

That gives me hope. Did he have to get a lawyer for the appeal or handle it himself?

he did it himself, just brought all his medical paperwork to the hearing. the judge was pretty understanding about legitimate medical issues

Already started applying for jobs. Should I mention the termination reason in interviews or just say I was laid off?

Be honest but frame it positively. You can explain that you had some health issues that are now resolved and you're ready to work.

Definitely don't lie about it since future employers can verify with your previous company. Just be brief and professional about it.

Should I be worried about what my former employer might tell them? Our relationship wasn't great by the end.

They can only report factual information about your employment and termination. If they had a legitimate policy and you followed proper procedures, that's what matters.

That's really helpful insight. The attendance policy seemed reasonable - 6 occurrences in a rolling 12 month period. I just hit 7 with the stomach bug incident.

That's actually a fairly lenient policy. The fact that you were just one occurrence over with legitimate medical reasons should work in your favor during adjudication.

You're right, I'll file this weekend. Better to have the process started even if it takes time to resolve.

I'll definitely keep that in mind. Sounds like it could save a lot of frustration if I need to speak with someone directly.

Yeah anything beats sitting on hold for hours only to get disconnected. Been there too many times with Washington ESD phone system.

Good advice. I've been keeping everything in a folder but should probably scan it all digitally too in case I need to upload documents.

Definitely scan everything. Washington ESD often requests documents electronically and having digital copies makes the process much smoother.

That's a really important distinction I didn't know about. So being fired for attendance due to illness isn't automatically misconduct?

Exactly. Misconduct has a specific legal definition in unemployment law. Being sick and following proper procedures to report absences doesn't meet that standard.

This is why it's so important to file for benefits even if you were terminated. Let Washington ESD make the determination based on the actual legal standards.

Will do! Planning to file this weekend and I'll post an update once I hear back from Washington ESD. Thanks everyone for all the helpful advice.

Good luck! Sounds like you have a solid case with all your documentation.

This is so reassuring to hear! Your situation sounds almost identical to mine - having medical documentation but still getting terminated for attendance. The 4 week investigation timeline is helpful to know too. Did Washington ESD contact your former employer during their investigation, and if so, did that create any issues? I'm a bit nervous about them reaching out to my old boss since things were pretty tense by the end.