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I was fired for not calling on a account - Poor job performance or Neglect of duties?

by Justin
(Fresno, California)

My employer is saying that I had unsatisfactory performance or misconduct due to a neglect of duties or continued incapacity to perform assigned responsibilities, due to a customer complaint that I wasn't calling on the account.

The customer didn't know who their sales rep was, but I have 400 customers and have been getting letters from them about how I took care of there accounts. They are giving me a good word and I feel I was done wrong.

Hi Justin,

One complaint? How long did you work for this employer? Did you ever receive a performance review that WAS satisfactory? These are the questions I would ask an employer too.

It is difficult for an employer to prove a single customer complaint equals misconduct. The more the merrier.

The difference between poor job performance and neglect of duties lies in the state's definition of misconduct.

California's Title 22, Section 1256-38(a) provides: An individual's failure to perform properly or neglect of duty is willful and misconduct if he or she intentionally, knowingly, or deliberately fails to perform, or performs in a grossly negligent manner, or repeatedly performs negligently after prior warning or reprimand and in substantial disregard of the employer's interests. You can read more here.

An employer uses a satisfactory performance review to combat any claim of "incapacity or inability" and to support their argument of "willful misconduct"

The reason customer complaints are difficult to prove as misconduct is because an employer receives the information from a third party, they testify to the information at a hearing, but it is "hearsay" it lacks direct knowledge.

One of the biggest downfalls for claimants at unemployment hearings is a lack of knowledge of when to object to testimony.

When you appear at a hearing all by your lonely, you are considered "pro se" (self represented). Any errors you make at the hearing become moot if you decide to appeal further because when one represents themselves it is assumed you are aware of procedures, and any relevant statute.

Hope this helps Justin. Let us know how it goes. Come back to this page and post a comment when you know.


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