Fired while pregnant - ESD discrimination case and Paid Family Leave questions

This sounds like textbook pregnancy discrimination. You should definitely upload those emails showing they agreed to accommodations and then suddenly let you go. ESD will likely rule in your favor since you were fired without cause after requesting pregnancy accommodations - that's protected under both Washington state law and federal law.\n\nFor your second question: You can receive regular UI benefits while pregnant as long as you're able to work and actively looking for work. Once you give birth, you'll stop claiming UI and apply for Paid Family & Medical Leave instead. These are completely separate programs with different applications. Make sure to stop UI claims the week you start PFL to avoid any overpayment issues.\n\nYou might want to also file a complaint with the WA Human Rights Commission about the discrimination. They have a 6-month deadline from the date of termination.

Thank you so much for the detailed response! I'll upload those emails today. I wasn't sure about the Human Rights Commission - is that something I need an attorney for? I've never done anything like this before.

omg the same thing happened to my sister last year!!!! they fired her when she was 6 months along even tho she could totally still do her job. she got unemployment no problem and then switched to the paid leave thing after the baby. the key is keep doing your job searches every week until you cant work anymore. ESD is super backed up right now tho!

That's reassuring to hear your sister got approved without issues. Did she have to do anything special with her weekly claims to note the pregnancy? I'm definitely continuing with job searches but getting a lot of

I think u should get a lawyer ASAP! What they did is totally illegal and u could probably get a lot more money from suing them than just from unemployment. My coworker sued when this happened to her and got a big settlement. But don't wait too long there's time limits for filing discrimination cases.

While consulting with an attorney is good advice, please don't delay filing for unemployment while pursuing legal action. These are separate processes, and UI benefits can provide immediate financial support while any legal action would take months or even years. The Washington Law Against Discrimination (WLAD) has a 3-year statute of limitations, but as the previous commenter mentioned, filing with the Human Rights Commission has a 6-month deadline.

Good point about still doing unemployment! I didn't mean to skip that part just that she should do BOTH things at the same time.

I work in HR (not giving legal advice just general info) and what you're describing sounds like a violation of both the Pregnancy Discrimination Act and the WA Healthy Starts Act. ESD will almost certainly approve your claim because termination based on pregnancy is not considered misconduct or a voluntary quit. Be sure to save ALL communication with your former employer.\n\nESD might put your claim in adjudication to investigate the circumstances, which can take several weeks. Since you're having trouble getting through on the phone, you might want to try Claimyr.com - they help connect you directly to an ESD agent without the endless hold times. There's a video showing how it works here: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. A friend used it recently when her claim got stuck in adjudication and said it saved her hours of frustration.

Thanks for the HR perspective! That's super helpful. I did save everything and have a folder with all our email exchanges. I'm going to check out that Claimyr service - I've been trying to call ESD but can never get through to an actual person.

did u check the \

Yes, I've been checking the \

I was in almost EXACTLY your situation last year!!!! I was 4 months pregnant when I got laid off (they called it a \

This is SO helpful - thank you! I'm going to write up a detailed statement tonight. Did you have to get your doctor involved at all with the UI claim? Or was that only needed for the Paid Family Leave part?

For UI, I didn't need any doctor stuff since I was able to work. For PFML, yes - there's a whole section your healthcare provider has to fill out. But that's only when you're ready to start PFML, not for regular unemployment while you're still working/looking for work. Glad I could help!! This stuff is so confusing.

To clarify some misinformation in this thread:\n\n1. For regular unemployment while pregnant: You need to be able to work, available for work, and actively seeking work. Your pregnancy itself doesn't affect eligibility as long as you meet these requirements.\n\n2. For transitioning to Paid Family & Medical Leave: This is administered by a different division than unemployment. You'll submit a new application through paidleave.wa.gov when you're ready to take leave. You can receive up to 12 weeks of medical leave for yourself (16 in some cases) and 12 weeks of family leave to bond with your new baby.\n\n3. Regarding job search: Keep detailed records of all your job search activities. Given your circumstances, if you face difficulties finding employment due to visible pregnancy, document any instances where you believe discrimination occurred during interviews.\n\n4. Upload a detailed statement to your ESD account explaining the circumstances of your separation, along with any documentation supporting your claim that the termination was without cause and potentially discriminatory.\n\nLastly, if your claim goes into adjudication (which is likely given the circumstances), prepare for a delay. The adjudicator will contact both you and your former employer to gather information about the separation.

Thank you for this clear information! I'm keeping a journal of all my job search activities and interviews. One question - if I do manage to find temporary work before my due date, how would that affect my UI claim? Would I just report those earnings in my weekly claim?

Yes, if you find part-time work, you would report those earnings on your weekly claim. Depending on how much you earn, your benefit may be reduced or eliminated for that week. If you earn less than your weekly benefit amount, you'll receive a partial payment. If you find full-time work, you would simply stop filing weekly claims.\n\nThis is actually ideal - ESD wants claimants to find work, even temporary positions. Just make sure to accurately report all hours and earnings to avoid overpayments.

Perfect, thank you! That makes sense. I've applied for some temp positions that would end right around my due date, so this is really helpful information.