Do you think I will win my unemployment appeal hearing? I was fired for failure to meet the employers goals and expectations.

by Paul
(Florida)

I am in the appeals process for unemployment benefits.. My claim was denied by the ajudicator for misconduct based on the reason for discharge. I just received my notice of hearing. On the form filled out by the employer they checked "discharged due inability to perform work/unsatisfactory performance. In remarks they said due my failure to meet company productivity goals and expectations. Am I eligible for benefits.


Hi Paul,

I'd lay odds on you winning...unless the employer can prove that you neglected your duties or your failure to meet goals was intentional or due to carelessness on your part.

When I received a hearing notice like this, the first thing I did was check the documents for what was needed and it was never there. When I spoke to the employer I asked them if they could provide a satisfactory performance review that could show the employee was capable of achieving the goals.

It is up to you to bring up anything that was influencing your inability to achieve the goals that will show you are not guilty of willful misconduct. Nowadays, everyone who comes to this website cite's the economy or increased goals by the employer...etc.

I think states are denying more performance type discharges than ever because they may be influenced by the solvency of their funds or maybe the feds impose mandates of some kind. I've always wondered just how many people, deserving of unemployment, are denied and then never follow through with an appeal.

This is just a theory, mind you, but the fact is when a state's fund reaches a certain level, they are "forced" to accept a loan from the feds...which they will have to pay back.