Fired while sick - can I get ESD benefits if employer knew about my illness?

You can definitely apply! From what you're describing, this could be considered a wrongful termination situation. When you file, make sure you explain that you had documented medical issues, requested accommodations, and that you believe the termination was retaliatory for making an HR complaint. ESD will investigate both sides before making a determination. Your employer will likely claim misconduct due to attendance, but if you can show your absences were related to your documented medical condition, you have a decent case.

I went thru almost the EXACT same thing last year. Got diagnosed with a chronic condition, employer said they would work with me, then fired me 2 months later. I applied for UI and was initially DENIED because the employer claimed misconduct. BUT I appealed and won!! Here's what helped me: 1. I had all my doctors notes saved 2. I had emails showing I notified my supervisor about appointments 3. I had the company's written attendance policy which mentioned medical exceptions The ESD investigator actually called me and I explained everything. It took almost 7 weeks total but I got approved AND backpay! Dont give up!!

they'll deny u at first cuz thats what they do for everyone fired...don't panic when u get the denial letter...u need to appeal immediately and then wait for a phone hearing with OAH. i know its stressful but just tell the truth about what happened

Not 100% true that everyone gets denied first. If you provide thorough information in your initial application and your employer doesn't contest it, you can get approved right away. But it's true that many cases with conflicting information do require adjudication. For your situation, you should: 1. Apply ASAP - don't wait 2. In the separation explanation section, clearly state you had a documented medical condition, requested accommodations, and believe termination was retaliatory for HR complaint 3. Continue filing weekly claims even while waiting for approval 4. Be prepared to provide documentation if requested 5. If denied, appeal within 30 days (preferably within a week) Also, start documenting your job search activities (3 per week minimum) right away.

When I got fired last year for a completely different reason, I couldn't reach anyone at ESD to explain my situation and my claim got stuck in adjudication for 8 weeks! I was about to lose my apartment. I finally found a service called Claimyr that got me through to an ESD agent in about 15 minutes after I'd been trying for weeks. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 The ESD agent was actually super helpful once I got someone on the phone and resolved my issue that same day. Worth checking out if you get stuck trying to reach someone at claimyr.com

Yes, it's legitimate. I was skeptical too but desperate after weeks of trying. It's just a call service that helps you get through the ESD phone system. The agents I spoke with were actual ESD employees.

I got fired for being sick too and they said I "abandoned my job" when I was literally in the HOSPITAL!! They denied my claim at first but I appealed and won. The key was I had text messages proving my manager knew I was sick. Save EVERYTHING!!!

One thing to remember: if you get denied and appeal, you'll eventually have a hearing with an Administrative Law Judge. PREPARE FOR THIS! Review all your evidence, write down key points, and be ready to explain your side clearly. The judge will ask questions about your medical condition and how it affected your attendance. Be honest but concise. And don't bad-mouth your former employer, even if they deserve it - stick to the facts.

You probably don't need a lawyer for an ESD appeal. I didn't use one. The hearing is pretty informal and the judge just wants to hear what happened. Just bring all your documentation and answer questions truthfully. But if you have access to free legal advice through a local resource center, it might help calm your nerves.

soooo i had a kinda similar thing happen but i got fired for missing shifts when my kid was sick not me.... does anyone know if thats different? like do i have less of a chance since it wasnt my own medical issue? sorry to hijack ur thread OP just seemed related

btw make sure u give ESD a good phone number cuz sometimes they call for fact finding interviews and if u miss it they just deny u automatically!!!

Final advice: While going through this process, start job searching right away. Document all your job search activities each week (minimum 3 per week). Even if you're appealing a denial, you need to be doing and documenting your job searches to qualify for benefits when/if you're approved. The WorkSource website has good resources for tracking these activities correctly.

Yes, interviews definitely count as job search activities! Applications, interviews, attending job fairs, and even certain WorkSource workshops all qualify. For your medical appointments - you can request a temporary exemption from job search requirements due to illness by indicating this on your weekly claim. You may need to provide documentation, but ESD can approve temporary exemptions when you have valid reasons like medical treatment.