Unemployment denied - appeal advice

[u/Phatmuphin]

Hi All,

I received a denial on my unemployment benefits about three months after filing as my employer contested and stated I quit. I plan to file an appeal but would appreciate any help or guidance!

I work in a tech role and went on FMLA/WPFML in the fall of last year for mental health following an abrupt change in my boss’s attitude towards me and my performance over a three week period that ended with an unachievable PIP. I reached out to my therapist and physician a couple weeks before the PIP and started the FMLA process, and I only ended up working a couple days after the PIP.

During my FMLA leave, my therapist and physician both advised I not return to my employer to preserve my health. I also spoke with a couple lawyers who advised I pursue medical disability separation (https://des.wa.gov/services/small-agency-support/human-resources/supervisor-toolkit/separating-employment-disability-separation). At the end of my leave, my medical providers reaffirmed that I should not return to work at that employer, but that I could be cleared to work elsewhere.

I initiated the medical separation request with my employer, stating that I was not voluntarily resigning. My employer stated the link I sent only applied to government employees; however, they said they could either process my separation request or let me apply for extended leave and see if I could return after. Given my providers said no accommodations would improve my ability to continue working there, I asked that they process my separation request.

I have the email chain with HR along with my medical providers’ signed documents advising not to return to preserve my health. I am not sure what else I may need to help my case, but I’m frankly worried that what I have may not be enough.

Is there any advice or recommended actions for a case like this?

Thank you all!

[u/SoThenIThought_]

This is a thin line you are treading with OAH:

The more that you argue that you quit for medical reasons will cause the inability and availability issue to skyrocket and ruin the case

• Constructive Dismissal is not a valid argument in 99% of cases - this states UI system doesn't individually recognize contrastive dismissal

Note: There are no dates on this post: Cannot advise re: appeal due to no timeline

[u/Phatmuphin → u/SoThenIThought_]

Thanks for your reply. For some dates, my FMLA started 10/28/25. In late January, my providers did not clear me to return to work when my 12 weeks ended. I let my employer know I was not cleared, and they told me to keep them updated until I returned.

I reached back out on 2/1/26 to request medical separation. There were a few back and forth emails with my HR before they looped in some additional benefits team folks who responded on 2/10 stating they could either process my separation request or I could apply for extended leave. On 2/12 I asked to move forward with processing my separation request.

Their next response was on 3/4/26 to let me know the separation processed on 2/27/26. My physician signed a return to work form on 3/5/26, noting that he advised me not to return at my previous employer for health reasons. I applied for unemployment that week and started receiving benefits while under review later in March.

I also reached out to my employer’s compliance team while I was on my leave to see if anything could be changed about my work when I returned, but they never responded.

If it helps at all, the PIP I was placed on included elements that made it seem unfair and outside of my control: for example, they stated that my lack of presence in the office was hurting the team even though my position was in a remote status at the time (not even hybrid).

I could not sleep prior to my leave, lost about five pounds in a week prior to the leave, and was working from around 8 AM to midnight to try to meet the requirements of the PIP. Once my leave was up, I was expected to resume the same workload as outlined in the PIP, which contributed to my providers advising not to return.

I guess hindsight is 20/20, but is there no option in that scenario other than go back to work, try in good faith to complete the PIP to the best of my ability and wait to get fired? My boss also told me statements like “just because you do the work doesn’t mean it will meet our expectations,” which effectively made me think I didn’t have hope of surviving the PIP.

Thank you again for your response and all you do here.

[u/Regular_Monk9923]

stating that I was not voluntarily resigning

I'm confused. What separation reason did you select when you applied if you don't consider what happened you voluntarily resigning?

[u/Phatmuphin → u/Regular_Monk9923]

I had to look back at my application, but the answer in “Why did you separate from this employer?” is “leave of absence.”

[u/Phatmuphin → u/Phatmuphin]

Apologies, I looked at a future response asking for details on the separation which I submitted on 3/26/26. I selected “I quit” here because I was not fired; however, there was a follow-up question asking if the employer gave me the option to resign rather than being fired. I responded “yes” (because I have that in my emails with HR), and the questionnaire stated “based on the answers you have provided, this is considered a ‘fired’ separation.” I then continued to select an option stating I was fired due to failure to meet performance expectations and provided some written details around the last few weeks at my job.

Thanks for the follow-up question.

[u/Regular_Monk9923 → u/Phatmuphin]

Ok so what are you trying to argue in your appeal? You went on leave, then told them you were not cleared for work yet, then your refused to take more leave and quit instead. What is your argument?

[u/Phatmuphin → u/Regular_Monk9923]

My argument would be that I went on leave and would not receive approval to return to that specific job from my doctor and therapist regardless of extended leave. Extending my leave wouldn’t solve the issues since they were related to that job and environment, and my providers said I shouldn’t return at risk of going right back into the same state as before.

If that doesn’t feel like a good case, that’s fair, but i didn’t want to risk going back and have another few weeks of insomnia, weight loss, etc. just to wait to get fired. I was literally shaking throughout entire workdays, crying on work calls, etc. The PIP had requirements and deadlines that went beyond reasonable expectations for my position, and I feared that going back would mean I either completely stressed myself out to try to complete it and still fail or not attempt it and get fired for negligence.

Thanks again for your help. Hopefully I’m not coming across as combative. I genuinely just want to know if there’s a reasonable route for appeal or if I just kind of sealed my fate by not going back to that environment.

[u/Asteriskdev]

Did you ever ask for accommodations or disclose a medical condition or disability prior to your PFML? Not necessary, but it does help.

The fact that you went on PFML is in itself a medical disclosure.

Aside from that, this is the most important thing you stated in this thread:

"I also reached out to my employer’s compliance team while I was on my leave to see if anything could be changed about my work when I returned, but they never responded."

That is an accommodation request regardless of how you worded it. Did they engage in an interactive process? You are in WA, the WLAD is much friendlier to employees than the ADA is.

I was successful in a quit for cause case with the WA ESD. Good documentation is a must. It is difficult but not impossible.

PIPs are never fair. They aren't meant to be fair. That doesn't make them illegal. They are illegal when they are done as a result of you engaging in protected activity. Do you have proof they intended to enforce the PIP after you returned from PFML, unaccommodated?

[u/Phatmuphin → u/Asteriskdev]

I did not make a disclosure prior to applying for PFML. I sent something to the compliance team before my leave, and they said they would have an interview with me; however, I began my leave sooner than originally planned at my physician’s behest, so I messaged them and let them know I could not make that. While on leave, I followed up from my personal email, referencing my previous email from before my leave, but they didn’t respond. I’m not sure if they have a policy preventing them from doing so while I was on leave, but there was still no response in the month or so between submitting my request for medical separation (with a physician’s letter) and the separation taking effect.

I received the PIP a few hours after I submitted the PFML request, so the PIP sent to me included timelines that worked around my leave, e.g. I had documents to generate and presentations to deliver within a week of returning. Without hearing anything from my employer, I assumed that the PIP would remain as written.

I took a little breather yesterday and had some time to think, and I plan to push back that this was a medical separation as supported by my providers and not focus on the quick PIP. I have emails with my therapist going back a couple years describing my recurring, escalating symptoms that were work-related. I’d been seeing her before this job, and while we’ve been working on treating the same condition since before, she said it’s been a pattern of working here specifically that’s led to the problematic symptoms. Similar story with my physician, although I see him much less frequently. I also have a team chat from a couple years ago where some colleagues talked about how they didn’t feel like it was a safe/professional work environment following a call with a leader, including one stating it really triggered their stress and anxiety. On the fence about including that.

Thanks for your response. I think at this point I have an established pattern of escalating symptoms brought on by work and a corroborating medical professional who advised me not to return to that job specifically because of it. I also have my emails I sent to compliance to demonstrate that I made attempts to improve the situation (and they reference my previous escalations to HR), so hopefully there’s enough there.

[u/Phatmuphin → u/Asteriskdev]

One more piece I think I could point to is that the third party handling my employer’s STD denied the full extension to 12 weeks (WPFML approved the full duration) stating that my providers noted my condition improved by not being at work. They argued I was healthy and fit to return to work. My providers, on the other hand, would not release me to return to that employer, but said I could work elsewhere.

My HR said I could pursue LTD if I wasn’t ready to return, but I would first have to successfully appeal the STD decision. Given my providers thought I was ready to work elsewhere, I would not have had their support for LTD. We actually discussed it and all thought it was not appropriate for me.