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Washington ESD unemployment claim complications with ADA accommodations - HR manager seeking guidance

I'm an HR manager dealing with a complex situation involving one of our former employees who filed for unemployment after we had to terminate their position. The employee had requested ADA accommodations during their employment, and now their Washington ESD claim seems to be stuck in adjudication for over 5 weeks. I'm trying to understand what information Washington ESD might need from us as the employer. We provided the separation notice and employment verification, but I'm wondering if the ADA accommodation history is causing delays in their claim processing. Has anyone dealt with unemployment claims where disability accommodations were involved? I want to make sure we're providing the right documentation to help resolve their claim quickly since they were a good employee who we had to let go due to budget cuts, not performance issues.

ADA accommodation history shouldn't directly impact unemployment eligibility in Washington, but it might complicate the adjudication process if Washington ESD needs to verify the reason for separation. Make sure your separation documentation clearly states it was due to budget cuts/layoffs and not related to the accommodation requests.

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Thanks, that's exactly what I was worried about. Our separation notice does mention layoffs but I'm wondering if we should have been more explicit about it not being accommodation-related.

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You can always send additional clarification to Washington ESD if needed. Document everything clearly to avoid any misconceptions about the termination reason.

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I've been waiting 6 weeks for my claim to get through adjudication and I'm getting desperate. Called Washington ESD probably 50 times and either get busy signal or get disconnected after waiting on hold for hours. This is ridiculous!

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Same here, the phone system is completely broken. I've tried calling first thing in the morning, during lunch, doesn't matter.

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Have you tried using Claimyr? It's a service that helps you get through to Washington ESD agents. I found it at claimyr.com and they have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me weeks of frustration trying to reach them.

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Never heard of that, is it legit? I'm desperate enough to try anything at this point.

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As an HR person you should know that accommodation requests can't be used as grounds for termination. If the employee's claim is being held up, it might be because Washington ESD is investigating whether the termination was actually lawful.

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I understand that completely - the termination was absolutely not related to their accommodation request. It was part of a company-wide layoff affecting 30% of our workforce due to budget constraints.

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That makes sense then. Washington ESD probably just needs to verify the layoff was legitimate and not targeted. Should resolve once they review the documentation.

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ugh why does everything with Washington ESD take forever??? my claim has been pending for 3 weeks now and no one can tell me why

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Adjudication delays are unfortunately common, especially when there are any complications with the separation circumstances. Washington ESD has to investigate to ensure eligibility requirements are met.

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well its not like i quit or got fired for cause. just got laid off like everyone else

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I had a similar situation where I needed to talk to Washington ESD about my employer's response affecting my claim. Tried calling for weeks with no luck until someone mentioned Claimyr to me. It actually worked - got through to a real person who could explain what was happening with my claim.

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How much does that cost though? I'm already broke waiting for unemployment benefits.

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It's way cheaper than missing weeks of benefits while your claim sits in limbo. The peace of mind alone was worth it for me.

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From an employer perspective, make sure you respond promptly to any requests for additional information from Washington ESD. Delays on the employer side can definitely hold up claims processing. Also document everything about the layoff decision process in case they need more details.

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Good point. We've been responsive so far but I'll make sure we have comprehensive documentation ready if they ask for more details about the layoff process.

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Yeah, Washington ESD will want to see that the layoff was based on business necessity and not discriminatory. Sounds like you're handling it right though.

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Wait, can employers actually help speed up unemployment claims? My old job won't even return Washington ESD's calls according to what they told me when I finally got through.

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Absolutely. Unresponsive employers are one of the biggest causes of adjudication delays. Washington ESD can't process claims without proper employer verification.

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That explains a lot. My claim has been stuck for 2 months and my former employer is terrible with paperwork.

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You might want to try reaching Washington ESD directly about that. They can sometimes expedite when they know the employer is being unresponsive.

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The whole system is broken. I've been trying to get through to Washington ESD for months about an overpayment notice that makes no sense. The phone system hangs up on you, the online system doesn't work half the time, and forget about getting a real human on the phone.

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I feel you on the phone issues. Someone earlier mentioned Claimyr and I actually tried it last week - got through to someone at Washington ESD within an hour instead of calling for days myself.

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Is that the one with the video demo? I saw someone mention that earlier. Might have to check it out because this is insane.

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As someone who handles unemployment claims from the employer side regularly, I can tell you that ADA-related termination cases do get extra scrutiny from Washington ESD. They want to make absolutely sure there was no discrimination involved. Your documentation showing it was part of broader layoffs should help, but be prepared for a longer adjudication period.

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That's really helpful insight. How long do these types of cases typically take to resolve? The employee is understandably anxious about their benefits.

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In my experience, anywhere from 4-8 weeks when accommodations are in the employment history. Washington ESD has to be thorough to protect against discrimination claims.

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Just want to say it's nice to see an HR manager actually trying to help their former employee get benefits. Most places just submit the minimum paperwork and wash their hands of it.

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Thank you. This employee was with us for 4 years and was a valued team member. The layoffs were really difficult but we want to make sure they get the support they're entitled to.

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That's how it should be. Too many employers try to fight legitimate unemployment claims just to keep their UI tax rates low.

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I'm dealing with something similar where my employer is claiming I was fired for cause but it was really because I requested accommodation for my disability. Been fighting this for 3 months now.

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That's definitely worth appealing if you believe the termination was discriminatory. You might also want to file a complaint with the Equal Employment Opportunity Commission.

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Already did that. Just frustrated that my unemployment claim is stuck while I fight this battle.

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Quick question - does Washington ESD notify employers when accommodation-related issues come up during adjudication? Wondering if there's anything specific you should be watching for.

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They'll typically send a fact-finding questionnaire asking specifically about the circumstances of termination, including any accommodation requests or disability-related issues.

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We haven't received anything like that yet, but I'll keep an eye out. Good to know what to expect.

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The fact that you're being proactive about this gives me hope. My HR department wouldn't even confirm my employment dates when Washington ESD called them.

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That's terrible. Employers who don't cooperate with Washington ESD just make everything harder for everyone.

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Tell me about it. Been waiting 2 months for my claim to process because they won't return calls or submit paperwork.

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One thing to consider is whether the employee's accommodation needs might affect their job search requirements. Washington ESD might need clarification on their ability and availability for work given their disability.

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That's a good point I hadn't considered. Their accommodation needs were pretty minimal - just ergonomic equipment and flexible scheduling - so shouldn't impact their general job search ability.

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Yeah, Washington ESD has to verify that claimants can perform suitable work. Minor accommodations usually aren't an issue but they might ask questions about it.

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Is there a way to check on the status of someone else's unemployment claim as their former employer? Sometimes Washington ESD contacts us about claims from months ago and we have no context.

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Employers can't check claim status directly, but Washington ESD should provide context when they contact you about a claim. You can always ask for clarification about what information they need.

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Thanks, that's helpful. Sometimes the requests come through different departments and there's no coordination.

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