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Jessica Nguyen

Washington ESD unemployment benefits if forced to resign - need help

My supervisor has been making my work situation impossible for months now. She's been scheduling me for shifts I can't work (I told her about my childcare situation), giving me impossible deadlines, and yesterday she told me I either need to 'figure out how to make this work' or find another job. I feel like I'm being pushed out without them actually firing me. If I resign because of this, can I still get unemployment benefits through Washington ESD? I really need this income but I can't keep dealing with this hostile work environment.

You might qualify for what's called 'constructive dismissal' - basically when your employer makes working conditions so bad that a reasonable person would have to quit. Washington ESD looks at whether you had 'good cause' to leave. Document everything - emails, schedule changes, any witnesses to the hostile behavior.

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I've been keeping screenshots of the schedule changes but I don't have much else documented. Should I try to get something in writing from my supervisor about the ultimatum?

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Yes, if you can get it in writing that would be huge. Even if not, write down dates, times, and what was said as soon as possible while it's fresh in your memory.

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this happened to me last year and washington esd approved my claim but it took forever to get through adjudication. they really dig into the details of why you quit

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How long did adjudication take for you? I'm worried about how I'll pay rent if this drags out for months.

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mine took about 6 weeks but i had pretty clear documentation of harassment. the key is having specific examples not just general complaints

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I was in a similar situation and ended up using Claimyr to get through to Washington ESD when my claim got stuck in adjudication. The regular phone lines were impossible - I'd call hundreds of times and never get through. Claimyr got me connected to an actual person who could explain what documentation they needed for my constructive dismissal case. Check out their demo at https://youtu.be/7DieNd3C7zQ - it's pretty straightforward.

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how much does that cost though? seems like another expense when you're already struggling

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I thought the same thing but it was worth it to actually talk to someone who could move my case forward instead of waiting months in limbo.

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I'll look into that if my claim gets stuck. Right now I'm just trying to figure out if I should quit or try to stick it out.

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Before you quit, try filing a complaint with HR or your state labor department. Washington ESD wants to see that you tried to resolve the situation through proper channels first. If your employer retaliates after you file a complaint, that's even stronger evidence for your UI claim.

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We don't really have HR - it's a small company. Should I still try talking to the owner about this?

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Definitely yes. Send an email to the owner explaining the situation and asking for help resolving it. Keep a copy of that email - it shows you tried to fix things before quitting.

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And if they don't respond or blow you off, that's documentation too that they weren't willing to address the hostile work environment.

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THE WHOLE SYSTEM IS RIGGED AGAINST WORKERS! They make it impossible to quit abusive jobs and still get benefits. I've seen people get denied UI for the most obvious constructive dismissal cases. Washington ESD always sides with the employer.

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that's not totally true - my friend got approved for UI after quitting a toxic job but she had really good documentation

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Your friend got lucky then. Most people I know who quit get automatically denied even with good reasons.

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what industry are you in? some jobs have specific protections that might help your case

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I work in retail management. Not sure if that makes a difference for unemployment eligibility.

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retail can be tricky because they often claim you could have transferred to another location or worked different shifts

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I quit my job in 2023 due to unsafe working conditions and got UI benefits. The key things Washington ESD looks for are: 1) The situation was serious enough that any reasonable person would quit, 2) You tried to resolve it first, 3) You can prove it with documentation. Take photos, save emails, get witness statements if possible.

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This is really helpful. Do text messages count as documentation? My supervisor has sent me some pretty unprofessional texts about my schedule.

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Absolutely! Screenshot those texts and back them up. Anything that shows the hostile behavior or unreasonable demands will help your case.

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Make sure you get the phone numbers visible in the screenshots so they can verify it came from your supervisor.

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Wait, I thought you couldn't get unemployment if you quit voluntarily? That's what I was always told.

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That's a common misconception. You can get UI if you quit for 'good cause' - things like harassment, unsafe conditions, significant changes to your job without your agreement, etc.

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Oh wow, I wish I had known that when I quit my last job due to harassment. Too late now I guess.

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Document everything but also be careful not to do anything that could be seen as insubordination. They'll use that against you in the UI hearing. Follow all direct orders even if they're unreasonable, just document why they're unreasonable.

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That's a good point. Some of the tasks she's giving me are literally impossible to complete in the time allowed but I should probably still try my best.

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Exactly. And email her afterwards explaining why you couldn't complete everything - that creates a paper trail showing the unreasonable expectations.

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If you do end up quitting and filing for UI, be prepared for your employer to fight it. They'll probably claim you quit without good cause to avoid paying higher unemployment taxes. That's when having solid documentation really matters.

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Ugh, I hadn't thought about that. My supervisor would definitely lie about what happened if it came to that.

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That's why the documentation is so important. Let the evidence speak for itself rather than relying on he-said-she-said.

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I had to quit my job last year due to a hostile work environment and I'm still dealing with the fallout. Washington ESD approved my claim but my former employer appealed it and now I have to go to a hearing. It's been 8 months and I'm still fighting for my benefits.

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That sounds exhausting. Are you getting any benefits while the appeal is pending?

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No, once they appeal you don't get anything until the hearing is resolved. That's why I'm working three part-time jobs now just to survive.

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That's so unfair. The system really is stacked against workers who are already dealing with abuse.

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Consider talking to an employment lawyer before you quit. Many will do a free consultation and can advise you on the best way to document everything for both a potential UI claim and any legal action against your employer.

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I can't afford a lawyer right now but I'll look into free consultations. Thank you for the suggestion.

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Check with your state bar association - they often have low-cost legal clinics for employment issues.

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whatever you do dont just walk out without trying to fix it first. washington esd will ask if you tried to resolve the problem and if you say no they'll probably deny your claim

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I'm planning to talk to the owner this week and document that conversation. Hopefully they'll actually listen.

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good luck! even if they dont fix anything at least youll have tried which is what matters for ui

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I used Claimyr when my constructive dismissal claim got stuck in adjudication and it was a lifesaver. The Washington ESD agent I talked to through their service was able to explain exactly what evidence they needed and my claim got approved within a week after being stuck for two months. The website is claimyr.com if you end up needing help getting through to someone.

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Did they help you prepare for the adjudication interview or just get you connected to ESD?

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They just help you get connected to actual ESD agents, but that was exactly what I needed. The agent walked me through what documents to submit and how to frame my case.

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Make sure you understand the difference between 'good cause' and 'good cause connected to work.' Washington ESD has specific criteria for both and they can be pretty strict about what qualifies.

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What's the difference? I thought good cause was good cause.

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Good cause connected to' work is things like harassment, unsafe conditions, or major changes to your 'job. Good' cause can include personal reasons like domestic violence or health issues. Both can qualify you for UI but they have differentrequirements.

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Your situation with the hostile supervisor sounds like it would fall under 'good cause connected to work' since it's directly related to your job conditions.

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If you do quit and file for UI, don't be surprised if it takes weeks or months to get your first payment. Constructive dismissal cases always go through adjudication because they're more complex than regular layoffs.

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That's what I'm worried about. I need to pay bills and if it takes months to get benefits I don't know what I'll do.

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Start looking for other jobs now even before you quit. You might be able to line something up so you don't have to rely on UI at all.

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Or at least have some part-time work lined up to help with expenses while you wait for the UI decision.

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One thing that helped my case was showing a pattern of behavior rather than just isolated incidents. If your supervisor has been doing this for months, document how it's escalated over time. That shows it's not just a one-time conflict but an ongoing hostile work environment.

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That's a really good point. I can probably put together a timeline of when things got worse and worse.

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Exactly. And if you have any witnesses to the behavior - coworkers, customers, anyone - see if they'd be willing to provide a statement.

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I know someone who tried to use one of those callback services to reach Washington ESD and it actually worked. She said it was called Claimyr or something like that. Might be worth checking out if you need to talk to someone there about your situation before you make any decisions.

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A few people have mentioned that service. I might try it if I can't get through on my own.

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Yeah, the regular phone lines are basically impossible. I tried calling for weeks and never got through to a human.

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Keep in mind that even if you get UI benefits, you'll still need to do the job search requirements. Make sure you're prepared for that and understand what Washington ESD requires for job search activities.

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I haven't looked into the job search requirements yet. Is it just applying for jobs or are there other things you have to do?

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You need to apply for jobs, but you also need to register with WorkSource and might need to do other activities like networking events or job fairs. Check the Washington ESD website for the current requirements.

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Whatever you decide, don't let them push you into quitting without fighting for your rights. Even if you end up leaving, make sure you've documented everything and tried to resolve it properly so you have the best chance at getting UI benefits.

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Thank you, this whole thread has been really helpful. I feel like I have a better plan now for how to handle this situation.

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Good luck! Stand up for yourself but do it smart. You deserve to work in a place that treats you with respect.

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I'm sorry you're going through this - workplace harassment is so draining. One thing I'd add to all the great advice here is to keep a detailed journal of incidents with dates, times, and what exactly happened. Even if you don't have emails or texts for everything, your own contemporaneous notes can be valuable evidence. Also, if you have any performance reviews or previous positive feedback from before this supervisor started targeting you, gather those too - they can help show that the problems aren't with your work performance but with the hostile treatment you're receiving.

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This is excellent advice about keeping a detailed journal. I'd also suggest backing up all your documentation in multiple places - cloud storage, email to yourself, etc. I've heard horror stories of people losing crucial evidence when their work computer got wiped or their phone broke. The performance review idea is really smart too - it helps establish that you were a good employee before the harassment started.

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That's such good advice about backing up documentation! I learned this the hard way when my laptop crashed and I lost some screenshots of inappropriate messages from my former manager. Now I always email important evidence to my personal account immediately. Also, if you're keeping a journal, try to write entries as close to when incidents happen as possible - it makes them more credible if you end up in a hearing because you can show they were written in real-time, not reconstructed later from memory.

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