Given choice of quit or be fired for poor work performance

(MA)

I was asked to resign or be terminated...due to poor work performance. I was on a Performance Evaluation and didn't perform to my supervisor's standards. I asked if there was anything I could do and she said .no..it was not a right fit. When asking me to do some tasks which were not possible to achieve..she had 3 witnesses on the phone listening to me saying I did not achieve those tasks.

I don't like the job and I am not a good fit. But I do need unemployment...In MA on the DETMA's website..it does say I cannot collect if unemployed of my own fault. I'm not sure what to do..resign ..so I can have an easier time of getting hired...or be terminated so I can collect unemployment..maybe...but face the challenge of never finding a job.

Please advise and thanks.


Hi,

Either way, as far as unemployment goes .. it's a discharge known as a "quit in lieu of discharge".

Unless of course you provide a resignation letter like they want.

When someone is presented with this option the resignation letter should contain the reason you are tendering it.. "you were told if you didn't the employer would fire you". It should also contain anything that would help you at an unemployment hearing and nothing that would help the employer.

In other words it needs to say that you are quitting because the employer said if you didn't they would fire you for your inability to do the job and because they believe you are not "a good fit". Those are words an employer should never say because nothing in "not a good fit" conveys misconduct.

Since this will be seen as a discharge by the state, they will be looking for the misconduct. So in order for you to be denied unemployment the employer will have to prove your poor performance was caused by intentionally and knowingly choosing not to perform.

Inability is not misconduct. The poor performance needs to be because you neglected your duties .. not because you were unable to do the job because you didn't understand or were incapable of doing it.

The easiest way for an employer to prove misconduct with regard to performance is to provide past performance reviews that prove you had been capable at one point .. so failure now can be seen as something you did have control over.

The state needs to know that you were doing the job to the best of your ability and not that you weren't trying to do it the best because YOU thought you weren't a good fit.