r/UnemploymentWA Aug 24 '25

RESOLVED I could really use some help.

If anyone has any advice on this page, I would really appreciate Any help. I went applied for unemployment, July 11th after strong encouragement from a friend that I should. I waited longer then I should because the employer told me I voluntarily resigned but my friend told me that I actually have a case of workplace discrimination and wrongful termination and should apply for unemployment. This is what I sent to unemployment: “I was forced to resign due to workplace discrimination and retaliation. After 19 years with Island County, I experienced escalating harassment from my supervisor that targeted my documented disabilities (PTSD, ADHD, Bipolar). Despite repeated requests for reasonable accommodations over 2+ years, I was denied help and subjected to verbal abuse behind closed doors and other hostilities by my supervisors.

In early 2025, this harassment caused a mental health crisis with suicidal ideation. My psychiatrist removed me from work, and I began state-approved PMLA leave on February 6, 2025.

My state-approved PMLA leave ran through May 3, 2025. Since this was a Saturday, my actual return-to-work date was Monday, May 5, 2025 - not May 1st as the County incorrectly claimed in an email to me and will likely try to incorrectly claim to you. I have the emails and claim documented.

On April 30, 2025, I saw my psychiatrist for clearance to return, but he determined I wasn't ready due to ongoing workplace trauma. That same day, I emailed HR requesting a leave extension and formally reporting the discrimination I had endured.

Instead of helping, on May 6, 2025 (the day after my actual return date), HR Director sent me an ultimatum demanding I return to work May 7th or they would consider it a "voluntary resignation." This was issued while I had just filed a discrimination complaint and requested medical leave extension.

I was forced to "resign" because continuing employment was impossible under these retaliatory conditions. A reasonable person in my situation would have felt compelled to leave. I did not voluntarily quit - I was constructively discharged in retaliation for reporting discrimination.

I am actively seeking new employment while pursuing legal action for these violations.”

I have been having no luck with legal assistance and my situation is becoming more and more desperate. Unemployment has me as active status pending adjudication and it has been six weeks.

5 Upvotes

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2

u/drossdragon Aug 24 '25

The State gives employers 30 days (i believe) to respond to any unemployment claim where there is a difference between what the applicant says and what the employer has as the cause of leaving a job. The adjudicator cannot make a determination prior to that point, and if they are asking for additional information it may take longer than that.

In addition to that concern, it appears you filed approximately 8 weeks after you were let go from the job. If you are trying to backdate your claim to when you lost your job, there has to be a good and sufficient reason you did not file at the time. Not knowing you were eligible is not necessarily a “good reason.”

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u/CapAppropriate6689 Aug 24 '25

So that was sent to unemployment by my boyfriend who wasn’t aware full of the situation. I had shut down because of everything and it took a lot of prying on his part to fully grasp the situation. He’s been trying to help me with the situation as best he can. I was made to feel by the county as though I was the problem and I believed them. I should have known better but in my mind I quit because that’s what they said. Anyway I’m only trying to seek assistance from the date applied. Is it worth calling unemployment to ask them about my claim?

1

u/drossdragon Aug 24 '25

If your claim starts from the day you filed then the back dating won’t matter

2

u/welovewinning Aug 25 '25

Been though something similar and it's somewhat complex.

You can 100% still file for unemployment, you just can't backdate it to May. So for example: you can file for today and potentially start getting paid for this week, next week, etc. but you can't get the culmative payment you could have gotten if you started from May. Just remember the reason you have to give is wrongful/constructive discharge. Chances are they will attempt to contest it and you may need some form of proof.

For the realistic view and issues you'll encounter: The unemployment office for Washington is backed up and it's going to take weeks/months to actually get unemployment approved and to start getting checks. For example, there was a point in which a friend had all the correct information and still took 3 months to get approved and checks.

Now for the ADA and related: If you want to pursue anything legally, you need actual proof. If you have emails, texts, receipts, recordings, etc. you can put in an EEOC complaint (especially since you attempted to get multiple accomodations). If you don't have any, you can still put one in but at max they will just give you the right-to-sue (meaning that they won't investigate but they will give you a paper that just says you can sue. It's also just a friendly way to say you won't win but you're free to try)

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u/CapAppropriate6689 Aug 26 '25

Thank you so much this was very helpful and makes me feel a lot better about everything.

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u/[deleted] Nov 18 '25

[deleted]

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u/CapAppropriate6689 Nov 19 '25

I am so sorry you are going through all this it is just awful 😞 I have ptsd from the entire experience. It getting late in my neck of the woods and I’m shutting down for the night I will tell you it took me twelve weeks and the county challenged the unemployment claim but I did get it finally back pay and then some. I would like to tell you more I can be in touch with you through the process but it’s bed for me for now. Stay well and keep your chin up.

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u/[deleted] Nov 19 '25

[deleted]

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u/CapAppropriate6689 Nov 20 '25

Do you have anything in writing emails texts anything at all that you may be able to use if the employer is fighting this will really help you. Can anyone you worked with write something up or be willing to? It’s a really tough situation. Can you get a doctor verify your disability in writing. You contact HR about your situation so there should be some record of this. If you contact the EEOC which you should know that you have 300 days after termination to do so for ADA violations/ discrimination so take your time and get your facts together. Lay a time line out succinctly with dates and names and attach any documentation that you have to back the time line up. Let me know what you hear from unemployment and I may be able to help you more. Idk how to DM but if you do we can talk more deeply. Best of luck to you.

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u/CapAppropriate6689 Nov 20 '25

Sorry I see no witnesses because they were all involved. Your best angle may be the names of managers at the old store and individuals involved and a detailed account of what happened. Followed with the name of the managers and those involved after you transferred highlighting the assistant manager becoming your store manager. They have a legal obligation to provide you accommodation look that up. There’s quite a bit to that. When you made reports to managers of mistreatment, there should have been some sort of documentation on their end and they should’ve investigated what you were telling them if they don’t have any way to show that they did this then you may have a way to stick it to them there. When you reported to HR, again there should be some sort of record and investigation into the situation you described to them if there isn’t then that could be problematic for them, and then there is the district manager. The timeline alone is suspect you transferring stores on your own volition not because management help to facilitate or accommodate you by providing you with an option that may fix the situation, then a new store manager being an old manager from the previous store therefore the discrimination and hostile work environment continued. Your cries for help there no accommodation for obvious reasons. Then you go to the HR department and it sounds as though nothing was done on their part, followed by the district manager clearly retaliating against you.