by Shakira
(New Jersey Unemployment Appeal)
Fired for “poor work performance” but company lied on me
i worked for a telemarketing company in new jersey, and it was very difficult to grow within the company because of its unprofessional nature. the company was very unstable, and changed the script that we use on outbound calls regularly. Anyway, the situation is that a team leader (who was not my own) asked me to go available for calls. i told him the reason why i was doing after call work and he waved me away. Seconds later, he rushed over to me and came within an inch of my face, screaming at me and spitting. I placed my caller on hold, and asked the team leader not to speak to me in that manner and that i was tired of him approaching me that way (this was not the first situation). he told me if i had a problem, that i should see H.R and to leave him alone. i said i would, and the day went on. Later on in the day, a manager that didn’t really care for me came in. He heard about the situation, pulled me off of the phones, and suspended me for ” not complying with company rules”. This was sunday.i was due to come back to work wednesday for a meeting with H.R to determain what would be done. when i arrived back to work wednesday i was immediately terminated, and the only excuse was “we’re looking for people who can adapt to change, and we’re having that problem with you”.This is the story i told unemployment, and what really happened. the job told everything the same EXCEPT that i was suspended for not taking calls, and when i came back to work wednesday, i still was performing poorly, so they fired me. My question is, because there is a difference in the story will i be denied? and can they deny me for poor work performance? ANY FEEDBACK WOULD BE APPRECIATED!.
Hi Shakira,
Just my opinion, but I think whether you are denied benefits or not has more to do with the person that makes the initial determination and whether the employer provides any documentation regarding you being warned for other occurrences of “insubordination”.
You see, it is my opinion also that this is not “poor performance” .. the discharge was motivated by the final incident .. according to the employer of a “refusal to comply with a reasonable order or directive given by the employer.
Therefore .. given the circumstance .. I would say that there is an argument to be made .. but it would be better for you if there had been no prior warnings .. and the next time someone physically intimidates you .. Immediately, contact HR as an employee should never have to tolerate someone coming within one inch of their face screaming and having their spittle landing on their face.
I assume, the employer chose “poor work performance” because they have documentation to prove you’ve been warned, but the prior days events might be used by you to create an argument as to the true motivating factor.