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Quit instead of being fired for attendance - qualify for ESD with medical notes?

I'm really stressed out about my situation and hoping someone can give me advice. I've been having serious attendance issues at my retail job the past couple months. I just had a baby 4 months ago and returned from maternity leave, but my little one has had some health problems that required me to take him to pediatrician appointments multiple times. I also developed postpartum complications that needed medical attention. I have doctor's notes for everything! My manager just told me yesterday they're building a case to terminate me for attendance violations, but offered me the chance to resign first. I think they're trying to avoid paying unemployment. I'm wondering if I should fight it or just quit? If I have all these medical documentation for both me and my baby, could I possibly qualify for ESD benefits if I quit before they fire me? Has anyone been through something similar with ESD? I'm a single mom and really need the financial safety net until I can find something more flexible.

This is an important distinction for ESD claims - quitting "in lieu of termination" isn't automatically disqualifying if you can prove good cause. In your situation, the medical documentation for both yourself and your child may constitute good cause, especially since you just returned from protected maternity leave. Make sure to keep ALL documentation - doctor's notes, texts/emails about your absences, any accommodation requests, performance reviews before your attendance issues, etc. When you file, be absolutely clear that you had documented medical reasons for the absences that led to the resignation. You'll likely face adjudication, but with proper documentation, you have a legitimate case.

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Thank you so much! So should I specifically state on my application that I quit "in lieu of termination"? Or should I just focus on explaining the medical reasons? I'm worried about saying the wrong thing and getting automatically denied.

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dont quit!!! let them fire u, its WAY easier to get benefits that way. my cousin tried to be nice and quit when they told her they were firing her and ESD denied her. fighting to get benefits when u quit is a nightmare!

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While it's generally easier to qualify when terminated, that's not always true. If the employer contests and claims misconduct (which attendance can be categorized as), you still face adjudication. The key is documentation - medical documentation that shows the absences were for legitimate health reasons can overcome both quitting and misconduct allegations. I've seen cases where quitting with documentation was actually better than being fired for "misconduct."

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You need to understand how ESD views "voluntary quits" vs being fired. I was in a somewhat similar situation last year - had to miss work for medical treatments and my employer started the termination process. I spoke with an ESD representative who told me that the important factor wasn't whether I quit or was fired, but whether I could prove "good cause" for the separation. Medical necessity (with documentation) is considered good cause, especially if you made reasonable efforts to preserve your employment. The fact that you just returned from maternity leave might also raise questions about FMLA protections or potential retaliation. If I were you, I would: 1. Document everything about your medical situations 2. If you quit, clearly state it was due to medical necessity, not to avoid termination 3. Be prepared for adjudication (it's almost guaranteed in these cases) 4. Consider consulting with an employment attorney if possible Good luck!

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This is actually really bad advice. ESD almost ALWAYS denies people who quit their jobs. My friend got fired for attendance even with doctors notes and still got denied! The system is rigged against workers.

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I understand your frustration, but that hasn't been my experience. The key difference is proper documentation and how you present your case. Many people don't know how to navigate the system effectively. ESD denials often happen when people don't provide sufficient documentation or don't clearly articulate legitimate good cause. The system is challenging but not impossible if you understand how it works.

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I work in HR (not for ESD) and can tell you that medical documentation can absolutely support a claim even after voluntary resignation. The key elements ESD looks at are: 1. Was there good cause for the separation? 2. Did you take reasonable steps to preserve employment? 3. Is there documentation supporting your claim? In your case, having just returned from maternity leave and having documented medical issues for both yourself and your child creates a strong basis for good cause. Make sure your doctor's notes specifically indicate that your medical conditions (and your child's) affected your ability to maintain perfect attendance. Regardless of whether you quit or are terminated, you'll likely go through adjudication where you'll need to provide this documentation. The distinction between quitting and being fired matters less than having proper documentation of good cause.

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Thank you for the HR perspective! I've been gathering all my documentation. My doctor specifically mentioned in her notes that my condition required rest and limited activity on certain days. Is there any specific wording I should look for in the notes that would strengthen my case with ESD?

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I went through something like this in 2023 and it was AWFUL trying to deal with ESD. I ended up getting denied twice before finally winning on appeal. The nightmare was trying to get ahold of someone at ESD to actually explain my situation. I spent WEEKS calling that stupid number and never got through. After getting desperate, I found a service called Claimyr (claimyr.com) that actually got me connected to an ESD agent in about 25 minutes when I'd been trying for weeks on my own. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Once I actually talked to a real person at ESD who could look at my medical documentation, things started moving. Just knowing I could reach someone if there was a problem made the whole process less stressful. My advice: document EVERYTHING, be super clear about the medical reasons on your initial application, and have a way to actually talk to ESD when (not if) issues come up.

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Thank you for sharing this! I've been worried about the communication aspect too. If I do end up needing to appeal, I'll definitely check out that service. The waiting and uncertainty is almost as stressful as the financial situation.

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you should talk to your doctor about going on medical leave instead of quitting!! washington has paid family medical leave now and it might pay more than unemployment anyway. and you dont have to deal with all the job search requirements

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This is an excellent suggestion. Washington's Paid Family and Medical Leave (PFML) program could be more appropriate in this situation, especially with ongoing medical issues. PFML allows for partial wage replacement when you need time off for serious health conditions (yours or a family member's). The approval process is often smoother than unemployment when there's clear medical documentation. You can find more information at paidleave.wa.gov.

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whatever u do DO NOT mention attendance problems when u file!!!! just say medical reasons and provide the documentation. if u mention attendance they'll automatically think misconduct and deny u. i learned this the hard way lol

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Thanks for the tip! I'll focus on the medical documentation and reasons rather than framing it around attendance issues.

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Has your employer been accommodating with your medical appointments at all? if they havent been working with you on your schedule after you provided doctors notes, you might have an ADA complaint too. my sister got unemployment after quitting because her boss refused reasonable accommodations for her medical condition

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They were somewhat accommodating at first, but became less flexible over time. They never explicitly denied my requests for time off for appointments, but they did start counting them against my attendance points after a certain point. I never formally requested ADA accommodations though - I didn't even think about that being an option.

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After reading through this entire thread, I think you have a reasonable case for benefits regardless of whether you quit or are terminated, BUT you need to be strategic in how you navigate this. Here's my comprehensive advice: 1. If you decide to resign, make it explicitly clear in writing that you are resigning due to medical necessity, not to avoid termination. Provide copies of medical documentation with your resignation. 2. When filing with ESD, focus on the medical reasons, not the attendance issues. The attendance problems were a symptom of the underlying medical needs, not misconduct. 3. Be prepared for adjudication - almost all voluntary quits go through this process. During adjudication, provide all documentation showing: - Medical necessity (doctor's notes) - Any attempts to work with your employer on accommodations - The timeline of events including your return from maternity leave - Any evidence that your employer was unwilling to accommodate medical needs 4. Consider also exploring PFML as others have suggested, especially if your or your child's medical issues are ongoing. 5. If denied initially (which happens frequently), immediately appeal and request a hearing where you can present your full documentation. Your situation involves several overlapping areas: maternity leave protections, medical necessity, and potentially ADA considerations. With proper documentation and clear explanation of the medical basis for separation, you have a reasonable path to benefits.

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Thank you so much for this detailed advice. I'm going to follow your suggestions and make sure I emphasize the medical necessity in my resignation letter if I go that route. I'll also look into PFML as an alternative. I really appreciate everyone's help - this has been incredibly stressful and all your insights have given me a much clearer understanding of my options.

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