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.