Will I be eligible for unemployment in CA if i get fired for not reaching sales quota?

by Lawrence
(california)

Will I be eligible for unemployment in CA if i get fired for not reaching sales quota?


I have worked for a major bank for 10 months and currently on salary plus commission. I am a banker and have a quota to meet every qaurter which is based on how many bank accounts I open loans i get approved and credit cards I sign my customer up for. I am rarely ever late normally early and have called out sick 4 seperate times due to illness within 10 months. I have excellent customer service and have been rewarded by my company for it. I have been informed from various sources including my manger that I am at risk of being let go do to me not reaching sales goals. In my opinion even though it is increasingly difficult to make quotas partially due to the economy our goals have not been lowered, in fact they have been made slightly more difficult. My job performance has not slipped at all even though the pressure and stress has increased to make sales goals. My question is will I be eligible for unemployment if I get fired for not making sales goals?



Hi Lawrence,

I guess I can explain this again .. it's been a while. I draw a distinction between fired for performance issues and fired for rule violations.

You didn't mention any write-ups .. so I'm wondering how the employer can fire you and sustain their burden without first making you aware that your job is in jeopardy and what you must do to avoid being fired for performance and per the progressive discipline policy.

But let's put that aside for the moment.

When you are warned you would be wise to counter document on the write-up or with an attached letter with your reasons why the employer's choice to discipline you is without merit and not, in your opinion, for anything willful. Request that any additional and relevant counter-documenting be attached to the write-up and placed in your personnel file .. keep notes and records with dates. It's the perfect time to get things into your "employment record".



Counter documenting on the employer's evidence is a smart strategy for making sure any argument you make after they fire you is there for the state to see that you disagreed at the time of the write-up .. it's like going out in front and strategizing with a "just in case I'm fired" mentality. Of course this only works if you aren't guilty of willful misconduct .. for which it's always a good idea to read your state's definition.

Performance issues, at least to be misconduct, must show that your failure to reach quotas was something within your control, like negligence, a lack of regard for the employer's interest, due to a failure to adhere to documented procedures .. etc.

Inability to attain the expectations of an employer requires you to focus on the unreasonableness, failures to train, provide tools, etc. necessary to meet the expectations.

In other words an emphasis on why you were unable to attain expectation .. even reasonable expectations due to the things outside of your control and due to the employer's failure in some way.

Your "inability" to do the job or one time inadvertent errors also do not equate to misconduct, at least they aren't suppose to.

Like I keep saying .. most people don't get unemployment because of their own failures .. while still employed, if they really aren't guilty of misconduct.

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Sep 21, 2009
response to your response
by: lawrence

I originaly posted this post and have some additional info. I have been written up twice and signed those documents, but unfortunatly did not write a response at all. Should i request to write responses now even though this has happened months ago? Also I have read that IT MIGHT look bad for me if i have made quota in the past, but i have not made quota withing three qaurters, but my numbers have gradually gotten better, but not to minimum standards to make any commission. I am currently doing everything I am asked of by my manger and employer. In a certain instance a manager on the tellers side ( remember i work at a bank) even had to tell my manager i was working hard to sell and doing everything i can because my manager made a comment because i wasn't hitting my daily goal. Not only that, but with my numbers not making standards it seems like my manager is making it even more difficult for me to sell by moving me farther away from the entrance door so its very difficult greet new customers and rejecting my request to move closer and gave that seat to an abosultly new employee. Any response is mutch appreciated because if i get fired and dont get unemployment I will sink financially very fast. Thank You!


Hi Lawrence,

You're making valid points, but I would make those points to the employer through written forms of communication, may I suggest email...

You also mentioned something in your first post about goal being increased .. or you may have been referring to moving you further away from the "action".

Does this manager not like you personally?

Sep 22, 2009
response
by: lawrence

Goals have not been increased, but some things we get credit for have been made for less credit or none at all now or made the process that much harder to get credit for. I do not believe that the manager doesn't like me, but i definetly feel he does not show me as much respect as he does for other bankers in my exact same position, i definetly feel like i am at the way bottom of the totum poll even though i have been at that specific branch for longer then other bankers. Normally all of my interactions with my manager have been in person and not documented except for the 2 write ups that happened one month ago and three months ago.


The write-ups are part of a progressive discipline policy procedure. Read your employee handbook.

For an employer to sustain a burden, they usually have to follow the course they prescribe in the handbook.

I'll bet when you were hired you signed an acknowledgment that you received the employer rules. It's SOP.

I believe that you could get unemployment benefits with the correct focus when you apply for UI benefits .. if you are fired.


Dec 11, 2010
STRESSED BANKER
by: Anonymous

I work for a bank and this is my first quarter back from banker training. My first quarter has been tough and am struggling to reach my sales goal. I am new to this branch and am the only male. I have been threaten to be written up if I cant reach goal. Besides myself is another banker who receives all the referrals from the tellers. She was once a teller in the branch and is best friends with all the girls. It makes it very tough to get sales this way. We work in a grocery store that has one desk behind the tellers and another inside an office to the side out of sight. In the beginning I was told we would split the time at the front desk because it makes sales easy because of being able to interact with customers and tellers. Well I never get to sit in that desk. Out of a 6 day work week I sit there 2 days only most of the time. Management will even find sales and behind my back give to the other banker to help her succeed. I fell like im being set up fail, will I be able to make a case for unemployment in case im fired?



Possibly, but if it were me .. I would be sure to counter document with these reasons you are giving for not reaching your quota should you be written up.

In truth, I think I might even take a more proactive approach and be the first to document the problems you are seeing and ask the employer to assist you in meeting goals by giving you equal chances and opportunities to meet quotas that the other banker is receiving.

After all, I think that is .. in a nutshell, the reasoning you have provided here and why you believe a discharge would be unfair punishment to you for not meeting quotas.

Chris

Dec 22, 2010
STRESSED BANKER
by:

Hey Chris how would I document this? like typing it up with dates and details? The problems are raising and every time I want to talk to my manager about it she never gives me the time. But it has been noticeable that I?m miserable in this situation. Like I said these women are all friends and my manager isn't going to help me if i have a problem with them. I care about my job but I want to be ready for anything..


If the manager won't talk to you .. maybe it's time to escalate.

Be specific about whatever your issues are with the work or the environment being created by the manager .. yest dates and descriptions of your attempts to speak with your manager should be included.

I'm sorry, but I can't actually do the writing for you .. you know what the problems are .. just remain "objective" and factual when you document the issues you have.

And remember, your misery is not the issue .. it is merely a symptom of the workplace issues.

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