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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.

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Jun 22, 2010
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fired for poor performance/ohio
by: dale

I worked for a buy here pay here auto dealer and was fired almost 2 months ago for lack of sales. Mind you we sell cars at an inflated price and much higher interest rate than your typical car lot. My employer never gave me a verbal nor a write up on my performance. There was talk of some locations being closed in the near future. Myself, I made a higher salary than most of my counter parts in the same position. My salary was brought up several times. The HR director even mentioned to me that if they let our Mechanic go due to injuries he had recieved at home, that it would relax the budget some for that location and they may keep me at a reduced salary. Shortly after this I had a 30 day performance conference w/ my suprvs and his boss. I asked them at that time what ideas they had and they said you are doing all you can. 28 days later I was fired for performance reasons. I was told by the HR director that they would not fight my unemployment. I was denied unemp due to the fact the state said it was just cause. I then appealed and was denied again. How can this be. I am now in the porcess of appealing again. In the meantime we are quickly going thru all our savings and I have had no job prospects at all. What can I do? Please help. I'm at my ropes end.




Dale,

You ask me a question at the most inopportune points in the process.

Before I continue this conversation .. I have a question.

I want you to look at the last thing you received from the state and tell me what they call the document.

I need to know if it is a "REDETERMINATION" or is it a "DECISION" from an unemployment appeal hearing?

After you do this I want you to create your own question on The main question page.

Simply, you are not making a comment, but asking a question specific to your situation. How do i know this? "Please Help".

Unemployment is determined on a case by case basis. I have no explanation for why you were initially denied, but the lower level "hearing" is your only chance to set the record straight.

I'm hoping that piece of paper says "REDETERMINATION" .. otherwise .. it's probably too late.

Oct 12, 2012
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Texas Unemployment
by: Mike

I worked passenger screener since 2004, I failed my SOP test, I was terminated for "Failure to Meet Standards" and then TWC claims examiner, citing cases no: 413444; 395031; and 177177 has disqualified me and I am set for Appeal Oct. 25th.

I wonder if any other Texas Airport Screeners got unemployment, after they failed their recertification, this information would be most valuable. Please let me know?

Thanks Bunches.

Sincerely Mike

Mar 11, 2013
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please help
by: Anonymous

I worked for a company for 9 months. 2 months before my weeks paid vacation, i was brought into the office, and told i was being suspended for unsatisfactory work, and misconduct and that i also would not be paid for that entire work day. I had never been written up, spoken to, or in trouble of any kind. I was told to sign the write up, or i would b terminated on the spot. So i signed the paper, and was told to return the following Monday ready to work, i returned the following Monday, and was told, i could either quit, and "Salvage my dignity, or be fired, and if i used them as a reference for my next job they would bash me." well I chose to make them fire me, they denied me my unemployment, and the paper work for my hearing went out Friday, so i believe my question would be, one from the little info ive provided do you feel i have a good chance at getting my unemployment and two do you have any advice for my hearing?


Removing your email address anonymous from the title field and will respond in a separate comment .. because I ran out of room.




Mar 11, 2013
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To Please Help
by: Chris

Listen, I get why people ask me for advice specific to winning their hearing and I'm happy to discuss specifics .. just not here. I've discussed in general about finding the weakness in a burden and looking for ways to exploit that. .. Just like some employer exploit employees with trashy threats to bad mouth them when prospective employers call .. When an employee is on top of it .. that's a defamation suit.

I'll pretend like I was looking at this from your employers perspective and this hearing (which only sounds like it stinks to me because I only know what you've told me) landed on my desk to coordinate.

1. Can I get a signed acknowledgement to establish the employee was, or at least should of been, aware of the employers rules and policies. No? Can I at least get a copy of the rule(s) or policy violated?

2. I don't think I have sufficient written warnings. Could I also get a copy of the progressive discipline policy.

Written warnings show the employee was allowed the opportunity to correct the defaults in their performance (as long as it wasn't a one time act so egregious as to not warrant any warnings. Written warning rarely have any comments (counter documentation by the employee on it rebutting the warning).

3. I'm still need the final written warning. You know the one that can makes clear to the employee that another occurrence would put their job in jeopardy. It's the shape up or get out warning that escalates future consequences .. up to and including termination of employment.

4.Finally, can I PLEASE get some help locating the direct witness who signed the write-up to testify with direct knowledge to the actual cause of termination and all the written warnings?

What .. the witness doesn't work there anymore ..

Ah well, We'll just have to make due with a good rep and lucky you, claimant rarely know they can object to hearsay testimony and the ALJ is know as pro employer.


Did you know, Please Help, Employee handbooks are as good a source of documents to submit for the hearing and use to rebut the employers burden as they are to prove one, especially in cases such as you say yours is when you tell me you didn't see this coming or were never written up prior to this little incident that ended your job.

You tell me, how will you prepare for your hearing?

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