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Fired for performance, can I collect?

by tony

Hello, I live in pennsylvania. I was fired today for performance. We have a system where we are graded based on several metrics that have to meet an overall score. I have never been really consistent, I've missed my numbers more than I've made them. I worked in customer service that also involved sales, and I was never good at selling to customers. Let alone I worked at a bank and since the recession we no longer have all the products we are able to sell. I've been sick for over 2 weeks now, and my boss called me today, and conferenced her boss on the phone to terminate me. Will I be able to collect?



Hi Tony,

I can't say yes or no. I will say it's going to be an iffy proposition given that you are admitting here that your performance was choppy.

But you only offered one reason why you think the issues were not misconduct. You didn't tell me what you did to try to attain the goals or what went on between you and the employer to help you attain the goals.

Poor performance is either because you have an inability to do the job even when you try to the best of your ability .. or your performance is seen as something entirely within your control .. or a choice not to perform.

Given that sometimes you did attain goals is what makes it iffy to me.

I would also be curious to know why the employer is firing you for performance after being gone two weeks .. seems strange and I would ask if you were on FMLA or have a serious health issue right now.

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Jan 07, 2010
let me clarify
by: Anonymous

We have this system that takes numbers over different categories, and then averages them out. When I was meeting certain goals I was referring to some of those categories. For example one of my categories is how quickly I handle my calls, which was good, another category was sales, which was poor.


Yes, I familiar. What I was trying to find out is why you believe that what you were fired for should not be considered misconduct ..

You tell me how you will try to disprove the concept that misconduct existed.

Jan 08, 2010
reason
by: Anonymous

The reason I don't believe it is misconduct is because I've told my employer numerous times about the difficulty I have selling products. I didn't receive anything concrete in the form of training tips until 2 days before my last day of work before becoming sick and getting fired.


And that would be your focus, especially the lack of training you did ask for and did not receive until two days before you fell sick.

You had no time to implement the training to improve your numbers. Requesting training may prove you were trying to improve and that there was nothing intentional, but the performance issues were due to an inability which the employer was aware of .. that along with the fact that they fired you while you were at home sick .. after two weeks may be enough to prove the discharge was without good cause.

Jan 08, 2010
medical
by: Anonymous

I don't know what this will add, but I went to see my Dr again today, the day after I'm fired. I am now on antibiotics for possible pneumonia, and had to get chest xrays.


The absence from work might suggest in general that the employer had an alternative reason for firing you.

I can't really assess your situation anymore because I simply have more questions to ask.

By the way, I am moving this submission to the appropriate category having to do with getting fired.

May 01, 2010
Collecting Unemployment for being fired for performance.
by: Nanlisa

Tony: I too live here in Pennsylvania and I lost two customer service jobs for unacceptable performance. In fact, I was written up and let go from a few of these call center jobs for the same reason. I still came in there on time. I wasn't late or absent a lot. I followed the company policies and procedures, and I did the best that I could. I was let go because I didn't perform up to the company's standards. Since here was no willful misconduct involved, I was able to get unemploument.

Perhaps in the wrong type of work. I know what you're going through becasue I'm not sales material myself. You have to be a tough bser in order to work in sales. If you're a softie, just like me, then sales just simply isn't for you.

Try to see if you can find anything that you know would be right for you. And as long as there was no willful misconduct involved, you should be able to get unemployment. Just tell the truth about what happened there and that's the bottom line.

Good luck to you.

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