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Fired for not making sales quota

My boss of approximately 60 days on sales floor in 3 weeks time had me sign 2 papers saying I would bring my sales quota up to (his) quota of 25k. I was new, ect, and was improving weekly, however of course before I signed the paper that all other 23 employees signed(they said this was normal, don't worry if I don't make quota, they all had to sign for years and were just made to turn over sales to managers until their quotas came up) anyway, when I signed the last paper February 10th to bring up sales to 25,000 in 2 weeks(I was at 8,000 in 4 days, pretty good not as bad as some other newbies), I looked manager in the eye and nervously asked,'will I be fired if I don't make this quota?' He squeezed my thigh rather high, and said'sweetie, that's why you better get on it' and asked my co-worker, 'why is she so paranoid about being fired?' Fast forward to February 15th, I was in the middle of a 2500.00 sale with a young couple, he came and sat down next to me, and said, 'honey remember what we spoke about last week?' I said, 'yes, sir', he said well, 'please sign this I am terminating you for the reason of 'not making your sales quota', 'go right now and clock out and go home, you're suspended until maybe this Friday, and hand me your sale I'll take it from here.' I said 'yes, sir', with my head held high, I walked to the break room told everyone I had been fired and came home and filled out a form for TWC. Claim submitted 02-16-09, Conn's appliances has NOT answered TWC's questions and my rep from TWC called me this morning; he wants me to interview with him on the phone at 3:00 p.m. What do you think my chances are of winning my benefits? I was told many things before going through the training downtown for 2 weeks. My whole family helped with transportation, we are on food stamps, son works at restaurant, mom disabled and stepdad, I help take care of them. I gave up school to get

better skills for better job. I'm 50 yrs old but still in good shape. I'm so despondant at this point; I know I'm rambling, but I also wonder, why do I have to interview with TWC if ****** didn't even bother to fight this claim? That manager humiliated me in front of other employees and customers by screaming at me and cursing because I put a sales sticker in the wrong place.

I just happened to read this morning looking over ****** paperwork when they hired me last October 2009 that my health and dental benefits would have started 3 days ago..........

Thanks for listening,
jobless, and hopeless in Texas

Answer For: Fired for not making sales quota

Hi Tamara,

Please indulge me while I get something off my chest. I do understand why a women might .. maybe .. allow a manager to squeeze their upper thigh while he says "that's why you better get on it'" , but had you taken the appropriate measures of making an issue out of that per the employer grievance procedure .. or even filing a complaint with the state of TX .. you would probably still have a job .. and if the employer had a brain in their head .. that manager would be gone. Did you know that?

Now, as for why the TWC is going to call you .. it's standard operating procedure. I know that Texas allows you some space to explain why you think you were fired .. so I'm assuming you have raised some questions for them that need to be resolved before making the determination.

They probably want to know if the employer warned you first before firing you. The fact that you were in training is good for you. They want to know if the employer had a "rule" that you were aware of regarding sales quotas and if you were made aware that if you failed to bring your quota up .. you would be fired.

It sounds like the only warning you received was an extremely sexually explicit warning that was not clear about what quota the manager was expecting of you.

How do you see it Tamara?

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I Was Sorry Too ..
by: Chris -

Sometimes I forget to say that, Myra.

I'm always sorry as well, if I don't know how to help.

My area over the last ten years has been helping people collect unemployment insurance benefits. Yet before that, I learned a lot about reality of how UI works over the ten years I worked with employers to win appeal hearings.

So, the fact is, I knew if a discharge, or a voluntary quit was precipitated and caused by sexual harassment, or abuse of power by some type of discriminatory harasser, but I also knew how rare it was for a claimant to prove/rebut the discharge was retaliatory, or literally prove the burden the voluntary quit happened only after first trying to preserve their job.

We begin to prove/rebut as employees by going up the chain of command to grieve about problems at work.

It troubled me, that I became so accustom to ignoring the truth, merely because my opinion was a claimant didn't have what it took to literally prove, or rebut to a standard of law .. even when the truth of their story was ringing loud and true to me .. the person, not the employee.

Complicit is a word we hear often, but none of us are immune to the implications of what that word means.

Anyway ..

HR is normally where I advise anyone to go, when/if something inappropriate happens to them, or even someone else, in the workplace. However, HR, or human resources, can be a very loose term for a department that can also describe another function .. to protect the business, or stakeholders at all cost from financial threats resulting from a myriad of employment laws .. up to and including ..sexually inappropriate conduct.

One question I ask people I talk to going through this is whether HR personnel might be naturally inclined or possibly motivated by threat themselves, to act unnaturally to protect the wrongdoer at all costs.

And if so, has that attitude resulted with the abuser, or HR using strategies intended to delegitimize the complaint of the person .. who really is trying to make efforts intended to preserve a job through some sort of reasonable resolution process.

In the end .. my thing is how to expect unemployment lawa ro work when a claim reaches a hearing.

I know it's only lower level tribunal hearings which are designed to gather full records, of relevant facts for each claim appealed.

And for me this means basic advice should suggest we need the weight of documentation to help us with the burden of proof. We receive it from employers, but do we counter-document to clarify, or rebut what's contained in the employer documented story?

How often do we as individuals send on our own, a formal complaint to HR without beating around the bush to get right into the professionally rendered, but sordid details specifically addressing how we were inappropriately touched by a boss?

Not often, but it is precisely what is needed to prove good cause for even puny ol' unemployment .. especially if the HR dept. is the type to investigate and take steps to stop, or terminate such egregious bad behavior .. or cover it up to make the complainer look like the guilty .. or hypersensitive complainer.

Whether we quit and then learn we have to prove quitting was the employer's fault, it's really is via our thoroughly documented efforts to preserve our jobs we will find ourselves winning benefits more often. And yes same hold true for documentation we know may be used later to undermine the credibility of the direct witness, or the one who fired us, for something that might stand up to sustain the burden of our misconduct .. if we didn't choose to document to our own advantage.

The more we get fed up, is fine by me, because how else do we actually do something about anyone who thinks their power over an employee at work should include the right to squeeze thighs at-will, or anything else we all know is wrong. Maybe if we stand up .. the less online and public absurd comments like the other found here, we won't have to see.

Proof of Misconduct
by: Mirna (not anonymous)

Similarly, I sold [timeshare] years ago (I was 18) and my boss grabbed my thighs, slid his knees to mine and said words I don't remember because I was shocked that I was cornered, seated and being touched. No decent/good man would do that to an employee.

Unfortunately, I quit instead of saying anything, because I knew I had no proof of what he did and others wouldn't believe it.

In a parallel Universe, I kicked him in the balls and every man and woman understood why - but in this world, he would have proof of assault (bruising) and I would still have nothing but an allegation...

I'm sorry that happened to you.

squeezing the thigh
by: Anonymous

She's full of it. as high strung as this one is, she would've RUN to the unemplyment office and a lawyer if he squeezed her upper thigh. lol

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