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Fired for Poor Performance

by Anonymous
(GA)

I live in Ga and was wondering if I could collect unemployment if I was fired for poor job performance. The company said that I did not fulfill my job expectations and that I was not efficient. I was not efficient because the manager was always giving me extra work and constantly pulling me off my current task to work on other stuff They had given me 2 negative evaluations prior to firing me. Both criticized my work performance only, never any personal reasons or work ethic. Every time I asked for help or clarification on a task (usually regarding one of the extra work she assigned me), the manager would not help me and instead would just go and make a notation in her file that I could not perform my duties. She criticized and embarrassed me in front of my co-workers and did not allow me to use my own judgment or make any decisions, therefore limiting control over my duties which resulted in poor and efficient job performance. Does this constitute misconduct?




Hi,

I've written about poor performance many times before. It is being able to show the differences between being a negligent lazy ass or allowing your personal problems to interfere with your job performance vs. an inherent inability to perform (an inability, generally thought to be an employer's mistake of "mishiring" .. unless you lied about your qualifications on your resume or application) or showing that the employer itself was prohibiting satisfactory performance because the expectations were not "reasonable".



One manager with a strong dislike for an individual could start down a road full of retaliatory acts that result in this type of discharge .. it's why I suggest documenting and actually making a complaint via your company's grievance procedures to create or implicate this behavior before being terminated.

Winning an appeal when you're denied unemployment for not performing to the "reasonable" standards and expectations of an employer can be one of those very contentious battles.

Get a rep for the appeal hearing for best results because what happened to you is typical when a manager or supervisor feels like an individual is under-performing to their personal standards .. or when they have been instructed to reduce the size of a department without laying off.

Ironically, the one piece of documentation I used to ask for to nail a case such as yours was not just the poor reviews, but a review that said you had at one time, shown yourself to be capable of doing the job to the expected standards .. it's what was relied upon to show that the performance you were fired for .. was negligent and that is misconduct .. whereas an inability or inefficiency is very difficult to sustain a finding of misconduct.

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Jun 03, 2013
Position Termination due to “Internal restructuring" Performance
by: Anonymous

My position was terminated due to “Internal restructuring” April 30, 2013 after being with the company 3.5 yrs and relocating to SC for the last 1.5 yrs.
During the exit interview I was given a letter of complaints that I had no idea about except regarding 1 phone conversation I had with my director in Dec, 2012. This was the only time anything was ever discussed regarding performance. None of the other complaints were ever brought up by anyone. He directed me to continue protecting our companies interest and said the customers frustration is because they're not meeting there deliverable's and will subside.
I was not given a copy of that letter.
Also during the exit interview I was told that I will be able to claim unemployment and would not be challenged. Would be given a letter of recommendation stating that I've met all objectives and deliverable s and a time served (4 months) bonus would be paid out. Along with receiving an extra month pay + accrued vacation.
Since then, I've had a fact finding interview with unemployment which they read off the complaint letter and added material that again I was not aware of and are untrue.
I recently learned that I have been denied unemployment insurance due to "performance" SC code 41-35-120(2) (B).

My question is how can my company actually payout a bonus, write positive letter of recommendation stating that I've met all deliverable's and objectives, pay an extra months wage and offer relocation allowance and deny to pay unemployment.

I need help to appeal this based on inaccurate complaints and mostly that there were no performance write ups or notifications at any time outside of the phone conversation I had with my director in late Dec of 2012.
Keep in mind that I relocated to SC to assist and manage the issues at the largest customer of my company and this termination was a complete surprise and unexpected.



Yes, I'd say you do need help, but the appealing part is easy.

It's prepping for and representing yourself at the hearing that people get into trouble.

South Carolina however, is an attorney only state.



Nov 04, 2012
Discharged for poor performance
by: Anonymous

I was discharged for Poor Performance. Prior to that, i never received a warning, write up, or verbal for my work performance. I was actually always checking my work and got positive feedback for job performance? Will I get unemployment insurance?



I no longer engage in predicting whether anyone will get unemployment. At least not without the ability to speak with you first.

However, I have explained, many times in these Q&As what is important and should be considered by the unemployment department before making a determination, all so you can get a better understanding of what work related misconduct is .. in case you are initially denied unemployment benefits wrongly and decide you should appeal.

The basic definition for what misconduct is a good place to begin so you can judge yourself.

Aug 12, 2011
Update
by: Anonymous

I just wanted to say thank you for all your help and give you an update on my situation.

I just had my hearing on Tuesday and when I got home today, there was a letter in the mail from the hearing officer.

I won!!!! I am so happy. Thank you again for your input and for this site. I learned a lot :)




You are very welcome. And thank you for letting me know you won. It really is what makes this all worthwhile.

Chris

Jul 22, 2011
poor performance is not willful misconduct
by: Rozzie

Thank you for taking the time to address my situation. A few key points, I would like to point out. First, as stated in my original post, I have only received 2 yearly evaluations and both were negative, stating that I needed improvement in various areas. This to me seems to help my case because it would show that I never performed my duties to satisfaction, thus ruling out any type of negligent claims. Second, to my understanding, the misconduct had to have been willful, so worst case, even if they were to prove that I was under-performing and had just cause for discharge, that should not disqualify me from benefits because I tried my best, but was just unable to accomplish the tasks.

So, instead of trying to argue the case on job performance, would it be a better strategy to just agree and say okay, I'm sorry my performance didn't meet standards, but I did the best I could. I never intentionally failed or consciously neglected to perform any duties assigned to me. My evaluations may show that I was struggling in the area of work performance, but my work ethic was never in question. At no time, did the employer meet the burden of proof that my termination was a result of willful misconduct. Inability to perform, good faith errors, perhaps, but never willful misconduct.

What do you think?



That is the argument you make .. Doing your best so it must be an inability.

I was not saying I think or even know there was negligence on your part .. I was telling you that is what the employer will need to show to fulfill their burden of proof.

Why would you not prepare for that possibility?

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