Can I collect unemployment if i have been fired for performance

by Kevin
(Georgia Unemployment Benefits)

Can I collect unemployment if i have been fired for performance


My employer recently fired me for my performance on the job they gave me a separation notice on the separation notice it stated reason for termination is performance , nothing else was said on my separation notice . I recently filled for unemployment and they denied me the reason for denying me was stated ( You were fired for not performing as expected by your employer. Your abilily to perform is considered in determining whether you can be paid benefits.

The facts show you had performed your job duties satisfactorily in the past . Your failure to perform was within your control and ability. therefore , you cannot be paid unemployment benefts. ) So i was denied unemployment I am planing to file an appeal because i know that the company was unjust in letting me go i just wanna know if i qualify for unemployment




Hi Kevin,

I can't tell you whether you will qualify for unemployment. There are many questions on this website that discuss being fired for performance. Are any of the details in other peoples stories about being fired for performance similar to yours?

Because of the language of the decision .. I suspect the employer submitted at least one prior satisfactory performance review. If you'd like to give me some details about "why" you think the employer unjustly fired you .. I might be able to give an opinion though.

Poor performance when shown to be because of an inability is generally not misconduct.

The flip side is when an employer can prove you had been capable of performing the same duties in the past .. therefore the poor performance must be attributable to your repeated carelessness or neglect in performing your job duties .. which makes you culpable .. because your performance was at one time .. within your control.

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For the person who didn't want to lose their job
by: Chris - Unemployment-Tips.com

So, let me try to restate your question to include what you've forced me to assume might be the facts your former employer will be able to prove.

You admitted to me you were well aware you weren't able to perform this job to the standards and expectation the employer has as right to expect of it's employees doing the same job.

But, since I know performance issues, even when inability may be the cause, are still subject to written warnings, or performance improvement plans (PIP) to make the employee aware of what they have to do to meet the standards and/or expectations an employer has a right to expect.

I'm assuming the last warning might of made you aware your job was in jeopardy if you didn't improve.

But your employer actually did something good when they offered you a different job you might of been able to perform to standards and expectations, but because it was at a lower rate of pay .. you refused the opportunity offered to remain employed, in lieu of choosing to force the employer to terminate you from the job you admit you couldn't keep up with.

If you disagree with my assessment of the facts as I think an employer could relate them to how how unemployment law is interpreted to find fault for the choices we make that we are held accountable for .. then let me know .. what I got wrong, so you might figure out .. how to help yourself.

Chris

didnt want to lose my pay or job
by: Anonymous

I was on a job for performance, couldn't keep up with the loads any more. they did ask me to go some where else with in the company which is a lower grade then what I am so if I had taken it. it would have been a pay cut. so i didn't take that job I stayed on the one payed for performance and got fired any way can i get my unemployment.

response
by: Anonymous

No my employe justf fired me one day after work. After my shift i was asked to report to the hr office and my manager talked to me and said it has been a long road with you, but we can not countinue to employee you here with us anymore. I feel that that was unfair to me as a person because they put on my separation notice that i was fired for peformance, but i feel if that was the case then why did you continue to work me , i was employed with this employer for ten months and don't get me wrong i know that the firing process can be long and tideous but , i've always struggled in this department i asked my manager for several transfers and every one was denied , the reason why the job became difficult was due to the fact of them always changing procedures and work loads that i couldn't meet the standards of not for personal reasons so there for i feel that i was not fired for perfomance of my own fault which they are trying to make it out to be .


Hi,

That's your argument also.

No prior warnings .. correct?

For an employer to prove misconduct for performance they have to show the performance issues were your fault because your level of performance was within your control.

They also should give you opportunities to correct the performance problem before they fire you.

An employer is not going to volunteer to the state the information that you had requested transfers to a different department or that they kept changing the procedures or increased the workload .. Those are the points you will have to make.

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