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]

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.