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poor performance? I live in MA and work in NY. would file in MA.

by GP

I am a branch manager for a temp labor company. I have been with this company for 2 years. I took my most recent branch over in June of 08. The last two quarters of 09 I was like a rock star, numbers were great I had great reviews on my reports. Since January when the economy here in NY really took a dive and companies that I deal with started to lay off my workers and their own. I have been on two performance plans for March and April. I did not meet the goals set. Now I have been given a last chance write up, stating that if my numbers do not improve in 30 days I will be let go. It is strictly based on performance, my record here is totally clean. Here is the kicker, the day after I received my notice I have been requested to go to another branch and use my truck to break the store down, (by the way the company just shut down 3 branches in my district). I am suppose to be concentrating on sales but have been spent 3 of my first 30 days shutting a branch down?? Talk about setting up for failure.

I just need to know how to plan for the worst. If I am fired in June will I be eligible for unemployment in the state of Ma?

Thank You

Hi GP,

Even though you live in MA, it will New York law that decides the issue .. at least
that's how it's supposed to work. If the decision from New York comes back unfavorable I think you can try again in MA .. I think.

If you're the manager of a temporary staffing branch .. you should know how this works. Just because an employer attempts to discharge a person for cause due to performance, doesn't mean it's going to fly.

I am astounded by the number of questions I'm getting about this. Is it any wonder employer's shriek about how the states always grant unemployment (not true by the way). If a claimant that was fired for misconduct and then get's unemployment after an appeal hearing .. I believe it wasn't because of anything the claimant did right, but the mistakes the employer made.

I'll say it again. It is difficult for an employer to win an unemployment case for performance issues without proving some kind of neglect or failure to perform by the claimant.

A claimant who had been thriving and suddenly can no longer attain goals during the worst economic downturn ever, has a standing argument. And when they can add facts like branch closings, moving duties, etc. The employer's old stand-by of using stellar reviews to show the claimant was capable of the job .. just doesn't work as well because of the "outside factors"

Massachusetts has one of the highest recipiency rates in the country.

I don't know if this actually answered your question, but I beginning to think I've talked about it enough for it to be a no-brainer.

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