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/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.