Given choice of quit or be fired for poor work performance
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.
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 and are unable to prove what actually occurred.
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 anyway. 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 I used to tell employers they should never use because nothing in "not a good fit" conveys the reason of misconduct.
Since this should be seen as a discharge by the state, they should also, be looking for the misconduct. So in order for you to be denied unemployment the employer should still be assigned the burden of proof and have to prove your poor performance was caused something intentional or with you knowing you were choosing not to perform to the reasonable standards any employer has the right to expect of an employee.
Inability is not misconduct. That is what you need to show though as the cause.
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.