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asked to quit in ohio then fired

by pj

I have been with the company for more than 6 years with 5 of them in management. Recently I was approached by my district manager and was asked to quit my position. When I told him I had no reason to quit he told me if I didnt then he would fire me and that since I was in management I must be aware that the company will never pay out unemployment so it was in my best interest to quit. Still unwilling to resign he said I was fired. I started to leave and he said that they don't have everything together yet (since he thought I would be intimidated into resigning) and that I should continue to report to my management position (holding keys, confidential info and monies)until they could find the time to fire me which may not be for a week or so. 2 days later I had to (on my own accord of wanting to speed up the process and not keep coming to an employer who wasn't keeping me)travel to corporate HQ and sit and wait until they had "an available minute". I was terminated for not reaching a customer service goal of satisfied customers. I have never signed anything nor was there any written policy of a requirement. I was written up for this previously but there was no time frame indicated as to how long I had to raise the score. At my previous 4 locations I have been able to achieve this ever-changing customer service score goal but in 2 years have not been able to at this location (a location I didn't ask to be placed at and

when I addressed my concerns with the last several mgrs not hitting this mark, I was told that I would follow the same path the other mgrs had and if I couldn't do it then I would be moved--but I was never given that option.

I have appealed the initial determination and am now waiting for my telephone appeals hearing. If they are denying me for "inability to complete required job duties" for something that isn't written in stone as a requirement nor have I been able to do at this location, do I have a case to appeal and succeed.

Thanks for all the advice you provide here. Its very helpful for people in a bad situation.

Hi PJ,

I would say your appeal has possibilities, but this is a "performance issue" and given the fact that in the past you had always attained this customer satisfaction goal .. that could actually work against you now .. because it can be used to imply that the failure is due to negligence or your attitude because you did it before so, why not now .. in two years?

And of course customer satisfaction is an interest of the employer.

And you had received a warning about this.

So, it's not a certain win at all .. if there is such a thing ever.

You should first take a look at the Ohio Legal Abstract

And then, seriously consider having a hearing rep with you at the appeal hearing.

There is a lot to be said for having someone with nothing to lose and no history with the other party when it comes time to cross examine the opposition.

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